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skate
boards
and
the
LAW
Interview by An Rafferty
The relationship between skateboarders and the law is
usually strained at best. Often it seems like the full weight
of the law is tilted against private individuals who are merely
pursuing their own interests; i.e. skateboarding. Complaints
of "skate harassment" are certainly common (see Mail Drop),
but what good can complaints do? Skateboarders are "just
kids."
Recently a Nothern California county tried to shut down
What is your reputation as an attorney?
I'm known as a radical political lawyer. I've
defended most of the political groups that have
come along: the White Panthers, Black Panthers,
SLA, Hell's Angels, NWLF (New World Libera-
tion Front) who were allegedly responsible for
a lot of bombings, alleged Mafia...
And now skateboarders have
fallen into that category?
Skateboarders are being denied
constitutional rights, and it's an
appropriate case for a lawyer who
is prominent in civil rights cases.
However, I'm connected for-
tuitously. Maybe if people had
come to me I would be connected
only as an attorney, but I'm con-
nected to this case because it's my
kids' ramp.
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old twin boys, two other boys and
a professional contractor who laid
out the plans.
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GO SKATE SAN MATEO GO SKATE STOCKTON
3221-0 West Hammer
Stockton, CA 95209
(209) 473-2566
14 West 41 Ave
San Mateo, CA 94403
(415) 349-2573
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Who built this ramp?
Shelter and Ivory, my two 15-year-
What are the dimensions of this ramp?
My best recollection is, 12' 6" without the rail-
ing and the railing makes it 15' 6". The height
of the railing is critical with respect to the precise
requirements of the building code. Because if it's
fifteen feet the building code would pertain. We're
contending that the building code doesn't pertain
at all. The building code has never specified
ramps. That's why it's a test case. But if ever some
court says, "I'm sorry, the ramp is an accessory
structure and therefore the building code per-
tains," then we've got this secondary, factual
dispute on how high it is. We offered to allow it.
to go as what we called a "rail-less ramp." That
would make it 12' 6", under fifteen, end of
ballgame. It's approximately 40' in length, and
that's not meaningful except that it's large.
Did you know before it was built how big it was
going to be? And you did check out the building
a privately owned ramp and ran afoul of attorney Tony Serra.
Serra has been practicing criminal defense, exclusively, for
20 years. He is the attorney for the defense in federal drug
cases, in murder and political cases, in serious jury trials.
He is not intimidated by the county's attempt to close the
ramp; the legal battle is now going into a second phase. I
had occasion to talk to him about his fight to keep his ramp
and other considerations a skater can have with the law.
codes before it was erected?
No. I only became familiar with the building code
just before I went to argue the case to the plan-
ning commision. We always knew that the Marin
County' building code does not specify ramps,
or anything analogous to ramps. They talk about
an accessory structure or a building. A building
has got walls and a ceiling. It's an enclosed struc-
ture. A structural accessory to the main dwelling
is something that relates to the dwelling. It's the
old shed or an outhouse, a chicken coop or a
storage facility, a garage, something like that. So
there's no analogy that the code provides that sug-
gests in advance that the code applies to a ramp.
which by no stretch of the imagination can be
called an accessory structure. So, no, we didn't
try to conform the ramp specifications in any
respect, it was only fortuitous that it was 12'6"
and that the railing was 3' more. That was just
accidental. If they want to make it apply, they can
ammend the code. See, there are due process re-
quirements. There are notice requirements. If I
want to build a chicken coop, I know that's an
accessory structure. If I'm going to make it taller
than 15, if I don't observe the setback require-
ments, why then I've got to get a permit. I know
that. A chicken coop is like a building. It is a struc-
ture. It is a related accessory to the main house.
Not so with ramps, so we didn't take the
precautions.
Is this ramp on private property?
Completely on private property.
Is there any law against skating in Bolinas?
No, there is no law whatsoever
about skateboarding in Bolinas.
Was there a complainant against
the ramp?
There was definitely a complain-
ant. There were two people who
appeared before the planning com-
mission, both of whom are
neighbors and good people. One
of those two made the initial com-
plaint to the planning commission.
Have the cops come out?
Cops are not involved in this. It's
between the planning commis-
sion, that is the building code, and
the ramp. It's not police, it's not
criminal.
Who skates on the ramp?
Young people, male and female, from Bolinas,
from other areas in California and frequently from
Europe. It's a large ramp, it's well constructed
and people come from all over to be there.
Is there a parking problem because of skaters?
There's no parking problem whatsoever.
Do you feel that the complaints about noise or
aesthetics are valid?
Yes, I do. I just don't believe they have legal foun-
dation. Noise is regulated by codes. That is, you
disturb the peace if the decibel level is a certain
amount. That would be criminal and the police
come out and get out a decibel meter and listen,
and if it's too loud, they issue you a complaint
for disturbance of the peace. So, legally, it doesn't
relate, but we're talking, honestly, about a countri-
fied atmosphere and noise, for instance, the sound
of a rooster crowing, a donkey braying, is far
85