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dmac1

colorado Colorado - stay at home order

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The linked article supposedly has all the details. I'm gonna interpret riding a dirt bike to be "such as.....biking". BUT, is a track similar to a playground and thus will be closed???

According to the order, residents can leave their home to:

  • Obtain food and other household necessities for themselves and their family or household members.  
  • Deliver those services or supplies to others, such as, food, pet supply, other household consumer products, and products or equipment necessary to maintain the safety, sanitation, and critical operation of a residence.
  • To engage in outdoor activity, such as, walking, hiking, nordic skiing, snowshoeing, biking or running. For purposes of outdoor activity, state parks will remain open to the public to engage in walking, hiking, biking, running, and similar outdoor activities but all playgrounds, picnic areas, other similar areas conducive to public gathering, and attended areas shall be closed.
  • To perform work for critical industries.
  • To care for a family member, a vulnerable person, or pet in another household, or to care for livestock kept at a location other than an individual's home.
  • To seek medical care

https://www.cpr.org/2020/03/25/colorado-under-stay-at-home-order-what-you-can-and-cannot-do-under-governor-polis-official-order/

Edited by dmac1

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Just for the week at this point ^^^^ IMI and Jewell are open, I would totally interpret our activity as exercise per the order, just use common sense. Any place we go isn't packed with people, I plan on riding this weekend if they are open. 

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The actual order, FAQs and more are in the link.

Key for those who wanna get outside, the 3rd bullet point I posted above is verbatim with what is in the FAQs.  Polis' page says the following is ok:

Or participating in outdoor recreation at a legally-mandated safe distance of six feet or more from other parties.

From what I've seen and been told about tho, for the average citizen 'recreating' in town or at parks, there are so many more people than normal its pretty hard to keep the 6'.

https://www.colorado.gov/governor/news/gov-polis-announces-statewide-stay-home-order-provides-update-colorado-response-covid-19?fbclid=IwAR1KspJdKeaczFHRjM1ommYXy425FdFvP1MAE_B-NQULC9nPEe1nqfvA_-o

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Not going to stop me, as a matter of fact I am about to gear up. I however have the wide open spaces of the western slope. What I was trying to see in all this is what are the legal consequences to defying this so called order.

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3 minutes ago, 2milehighspike said:

Not going to stop me, as a matter of fact I am about to gear up. I however have the wide open spaces of the western slope. What I was trying to see in all this is what are the legal consequences to defying this so called order.

Utah was a class B misdemeanor first offense. Note that this is letter of the law, and spirit of the law is open to interpretation by an officer. Common sense applies, but I am waiting to hear about the first lawsuit for someone encroaching someone else's "legally mandated safe space" by being too close to someone. YES, there are people out there that look for these opportunities. 

If it were me and I was near the western slope, I'd be out riding. As of right now both Karen and I working from home, and not a lot of business happening in the steel sector so I'd rather be living my life on my terms. 

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8 minutes ago, 2milehighspike said:

Not going to stop me, as a matter of fact I am about to gear up. I however have the wide open spaces of the western slope. What I was trying to see in all this is what are the legal consequences to defying this so called order.

Long term? None. It's not constitutional. Short term, it could be very inconvenient if you run into the wrong cop. 

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2 minutes ago, redhurricane said:

Utah was a class B misdemeanor first offense. Note that this is letter of the law, and spirit of the law is open to interpretation by an officer. Common sense applies, but I am waiting to hear about the first lawsuit for someone encroaching someone else's "legally mandated safe space" by being too close to someone. YES, there are people out there that look for these opportunities. 

If it were me and I was near the western slope, I'd be out riding. As of right now both Karen and I working from home, and not a lot of business happening in the steel sector so I'd rather be living my life on my terms. 

Yup. I have even more reason to celebrate with a ride, was tested Monday, NEGATIVE! Come on back out red, I owe you some dessert!

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1 hour ago, 2milehighspike said:

Yup. I have even more reason to celebrate with a ride, was tested Monday, NEGATIVE! Come on back out red, I owe you some dessert!

We might try for something late April. apocalypse dependent. Bikes need a lot of work after the mudder they endured, brakes, chains, fork seals, etc. 

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6 hours ago, dmac1 said:

The actual order, FAQs and more are in the link.

Key for those who wanna get outside, the 3rd bullet point I posted above is verbatim with what is in the FAQs.  Polis' page says the following is ok:

Or participating in outdoor recreation at a legally-mandated safe distance of six feet or more from other parties.

From what I've seen and been told about tho, for the average citizen 'recreating' in town or at parks, there are so many more people than normal its pretty hard to keep the 6'.

https://www.colorado.gov/governor/news/gov-polis-announces-statewide-stay-home-order-provides-update-colorado-response-covid-19?fbclid=IwAR1KspJdKeaczFHRjM1ommYXy425FdFvP1MAE_B-NQULC9nPEe1nqfvA_-o

Yeah I really think a cop would be hard pressed to find a valid reason that you can't go ride. It can be a solo exercise and far away from human contact. 

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6 minutes ago, Jesse_M said:

Yeah I really think a cop would be hard pressed to find a valid reason that you can't go ride. It can be a solo exercise and far away from human contact. 

Agreed...my son drove through CO Springs this AM, with bike in truck bed, and said there were about 10 m/c cops on the road, and 4 staties too. They didn't stop him. Dunno what they were up to. The FAQs say:

Enforcement
How will this order be enforced?
This order is an executive order, which means it’s the law of Colorado. It’s illegal to break the law.
Will the Colorado National Guard be enforcing this order?
No. The Colorado National Guard will be supporting logistics, transportation, and medical response efforts. The Guard will not be enforcing this order.
Residents who suspect that someone is violating the order should first contact their local public health agency to report any concerns. Residents may also file a report with the Attorney General’s Office at covid19@coag.gov if local law enforcement or a local public health agency is unresponsive.

RE: camping in Utah counties of Grand, Emery and Carbon, the penalty is up to 6 months in jail and $1,950 fine. I'd bet if someone was found more than once by a ranger who'd provided a warning to get out, that they'd be presented a citation. Just a hunch. I'm not gonna go test it.

A few days ago some outdoorsman got hurt in Moab. The ER in Moab checked 8 hospitals in Utah and Colorado for the person to be flown to cuz he needed immediate orthopedic surgery. NONE would take him.  

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Our activities are no less than running, mtb, etc. No way that can be distinguished, the legal aspects would be tough to defend on the order part. Naturally, racing is canned, but open rides at the track with the distance and capacity guidelines, we are good. Unless a place shuts down... 

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32 minutes ago, dmac1 said:

Agreed...my son drove through CO Springs this AM, with bike in truck bed, and said there were about 10 m/c cops on the road, and 4 staties too. They didn't stop him. Dunno what they were up to. The FAQs say:

Enforcement
How will this order be enforced?
This order is an executive order, which means it’s the law of Colorado. It’s illegal to break the law.
Will the Colorado National Guard be enforcing this order?
No. The Colorado National Guard will be supporting logistics, transportation, and medical response efforts. The Guard will not be enforcing this order.
Residents who suspect that someone is violating the order should first contact their local public health agency to report any concerns. Residents may also file a report with the Attorney General’s Office at covid19@coag.gov if local law enforcement or a local public health agency is unresponsive.

RE: camping in Utah counties of Grand, Emery and Carbon, the penalty is up to 6 months in jail and $1,950 fine. I'd bet if someone was found more than once by a ranger who'd provided a warning to get out, that they'd be presented a citation. Just a hunch. I'm not gonna go test it.

A few days ago some outdoorsman got hurt in Moab. The ER in Moab checked 8 hospitals in Utah and Colorado for the person to be flown to cuz he needed immediate orthopedic surgery. NONE would take him.  

I'm about to find out I guess. I am dropping my ktm off at a welders shop for a frame repair. I think if you had a truck load of bikes and people the cops could argue a case. Me alone in my truck I don't think I will get hassled. 

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Here is some exact wording from the Public Health Order.  I highlighted in bold what I think are key language:

Engaging in outdoor activity, such as, by way of example and without limitation,
walking, hiking, nordic skiing, snowshoeing, biking or running. For purposes of
outdoor activity, State parks will remain open to the public to engage in walking,
hiking, biking, running, and similar outdoor activities but all playgrounds, picnic
areas, other similar areas conducive to public gathering, and attended areas shall
be closed. For other parks, check with the local jurisdiction and follow any
requirements for that jurisdiction. Additionally, the permitted outdoor activities
in this PHO do not include activities that would violate the Social Distancing
Requirements defined in Section III.F, below.

Not a lawyer, but my reading of the public health order doesnt limit outdoor activities as long as you don't violate the social distancing requirements (6 ft...dont congregate in groups).

Where I think you are not legitimately complying with the order is to get to the riding areas you are not doing necessary travel. 

So...my conclusion is that if you can pretty much hit the outdoor riding areas immediately adjacent to where you live without violating the necessary travel limitations and comply with social distancing...go for it.

All that being said, dont make a nuisance of yourself and dont make a big deal of it and you will be fine.  If law enforcement sees a whole bunch of vehicles and people in the OHV parking lots and people congregating and OHV parks and trails filled up with lots of people, then they will take action.

So...in other words...dont advertise it, just do it and do it quietly.  So...fight club rules....from here on out.  Do it.  Dont post it.  Keep your mouth shut and stay away from other people.

 

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1 hour ago, dmac1 said:

 

A few days ago some outdoorsman got hurt in Moab. The ER in Moab checked 8 hospitals in Utah and Colorado for the person to be flown to cuz he needed immediate orthopedic surgery. NONE would take him.  

Just got back from a scoot, rode the bike to the local ohv area, past a sheriffs deputy and he kept going. But dmac1 brings up a good point. While I was having a great time on a very windy but sunny spring day, I couldn’t help but think, what if I had to go to the hospital if I wrecked. And how would my insurance be handled if we were technically on a SAH executive order. Needless to say I rode conservatively. Still had great time, and I will go again during lockdown. Oh yea, I was the only one out riding.

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Now is not the time to get injured from anything, but could also break an ankle in the mountains hiking too. If you ride, just be careful... the SAH says we can exercise and all, so not sure how insurance would be an issue. For many, it may be best to SAH and peer out thru the curtains maybe.

Edited by DEMI

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Yea insurance probably wouldn’t be an issue, just a thought. But I won’t be looking thru the curtain when it’s close to 60degrees and sunny 😎 

Edited by 2milehighspike

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"Where I think you are not legitimately complying with the order is to get to the riding areas you are not doing necessary travel."

 

Wording from the Public Health Order cited above:

"For purposes of outdoor activity, State parks will remain open to the public"

Most people would have to travel on public highways to get to the parks, so travel to riding areas seems not a problem to me.

:ride:

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2 hours ago, Jesse_M said:

I'm about to find out I guess. I am dropping my ktm off at a welders shop for a frame repair. I think if you had a truck load of bikes and people the cops could argue a case. Me alone in my truck I don't think I will get hassled. 

GREAT point about the group in the truck! Especially if from different addresses. If all from your home, then I can't see them objecting.

Back to the cops...report is that they were giving tickets. Lots of em! Going S on I-25 in the Springs, it drops from 75 to 65. Was where the first ones seemed to be, then there were more along the way with radar guns.

Thankfully, he and his friend were only ones at the riding area.  And he took everything he needed for the day from home, so no need to stop along the way. Might be the last time tho...think about it...passing someone breathing hard, or them passing you...the 6' rule won't work at speed. Or, at least thats my theory. Sure, the chin bar on the helmet will help, and the goggles, until you take em off. I dunno...solo is obviously the safest.

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