Legal Question of the Day: Did He Win?

You be the judge . . .

This is reportedly from the Soundpony Street Sprints held in Tulsa, Oklahoma. You certainly have to give him credit for competitive spirit. However, does the bike and rider have to cross together to win?

Of course, he may lose since he lacks standing.

24 Responses to “Legal Question of the Day: Did He Win?”


  1. 1 Buddha Is Laughing 1, September 8, 2009 at 9:52 am

    I think the ruling depends on how one interprets inertia as it relates to racing. The bike clearly passed before he did, but his forward momentum carried him across the line well before the next rider crossed. Tough call.

  2. 2 fms 1, September 8, 2009 at 10:08 am

    Can we read the applicable statute before handing down an opinion? Is the rider required to cross the finish line on his bike, or at least, in possession of his bike?

    The rules probably say “the first rider to cross the finish line”. He was a rider at some point, but was not “a rider” when he crossed the finish line.

    I bet they granted him the win. Even though, technically, he might have lost.

  3. 3 Buddha Is Laughing 1, September 8, 2009 at 10:12 am

    Off Topic, but HOLY CRAP!

    It’s the forward march of fascism . . .

    http://www.nytimes.com/2009/09/08/opinion/08tue1.html?_r=2&hp

    Welcome to the Death of America the Beautiful.

    Welcome to Amerika the Corporate.

    Listen up, SCOTUS. If you blatantly piss on civil rights and the voting process this way, America DESERVES to fail. And it’d be your direct fault if you give the corporations what they want. Look at how well they’ve already screwed up representation with the current election finance laws and K St. graft.

    And I’m looking your direction when I say that, Scalia.

    Some days it seems like you morons in government are actually trying to start a civil war. Well, trying to or not, keep going down the fascism path and you’ll eventually get one.

  4. 4 Anonymously Yours 1, September 8, 2009 at 10:27 am

    I think we should call in John Wayne Bobbitt to make this call. It would seem that he is in a fetal position. Maybe Lorena could slice it and split the difference.

    Usually the Tire over would win.

  5. 5 John Puma 1, September 8, 2009 at 10:34 am

    Note that the de-biked rider did not fully cross the line before the first bike plus rider did.

  6. 6 George 1, September 8, 2009 at 11:05 am

    First, on the race, I’d say no way. You have to cross the finish line in a “reasonable” manner – bike and rider unified, and proceeding a “generally recognized manner.” This clearly, was not.

    Second, Buddah, that link is unbelievable. I was talking to my wife the other night about how we are witnessing the fall of our country. The “goddamned piece of paper” that protects us all, is used as little more than a fancy coaster, pushed aside anytime the needs (or wants) of the state or corporate interests conflict with it.

  7. 7 Buddha Is Laughing 1, September 8, 2009 at 11:32 am

    George,

    If you think that’s outrageous, check out what the DHS compiles on you every time you book a trip with credit cards or online.

    http://philosecurity.org/2009/09/07/what-does-dhs-know-about-you

    This is why I pay cash whenever possible now. I’m not trying to hide anything. It’s just none of their damn business.

  8. 8 Some_Cyclist 1, September 8, 2009 at 12:23 pm

    I’d say he won at the Internets. Call it a win fail.

  9. 9 George 1, September 8, 2009 at 12:41 pm

    Buddha,

    Very interesting link. I can’t believe this is done in the name of security. I agree with you, I don’t have anything to hide either, but why are these records kept? Credit card number and expiration date?

    It’s like every American is in the process of being prosecuted by the state…they are just waiting to use all the “information” they have against you at some point in the future.

    Funny, I thought we were all on the same side — all Americans!

  10. 10 Stel Pavlou 1, September 8, 2009 at 12:50 pm

    I’d say he lost. When the bike crossed the line he wasn’t on it. I seem to recall that photo finishes look at the wheels of competitors, but only the wheels of bikes that still have riders.

    It’s the same in horse racing, though obviously it involves a nose and not a wheel.

    There’s such an incident here, from January.

    http://www.telegraph.co.uk/sport/horseracing/4249687/Gamblers-lose-400000-as-jockey-unseated-yards-from-line.html

  11. 11 Alan 1, September 8, 2009 at 2:00 pm

    If this is like the NFL (break the plane of the goal while in possession of the ball), then it was a fumble into the end zone that he did not recover, and therefore he lost.

  12. 12 Martin Gugino 1, September 8, 2009 at 4:40 pm

    No. Feet don’t count.
    citation: Roe v. Wade

  13. 13 mespo727272 1, September 8, 2009 at 6:20 pm

    I’d say the lawyer suing the bicycle manufacturer will win!

  14. 14 Dredd 1, September 8, 2009 at 6:27 pm

    fms is accurate.

    The bike racing “law” can be different in each jurisdiction, or it can be the same.

    Lets see the text before we do our legal hermeneutics.

    Otherwise we will be like the “speechers” who condemned Obama’s speech before reading it?

    http://blogdredd.blogspot.com/2009/09/undiscovered-side-of-science-life.html

  15. 15 jonathanturley 1, September 8, 2009 at 6:38 pm

    I do not have much on “bike law” except the Schwinn case before the Supreme Court (http://supreme.justia.com/us/388/365/) which was about antitrust. All of the parties however were and had standing.

  16. 16 Jules 1, September 8, 2009 at 6:44 pm

    Buddah, Bill Moyers interviewed Floyd Abrams, who’s representing the corporate side of the suit, this last Friday night. I really wanted to throw a brick at my tv.
    You can watch it here http://www.pbs.org/moyers/journal/09042009/profile.html

  17. 17 Dredd 1, September 8, 2009 at 6:59 pm

    I found a copy of the “bike law” which applies:

    http://www.tulsawheelmen.com/docs/2009-StreetSprints2.pdf

    Like some congressional text, it does not say enough about the finish, focusing primarily on the start.

    Hmmmmmm …

    Anyway, he did not hit anyone and did not head back toward the starting line, so he did not commit a disqualifying act.

    This is too much like a lot of our law … wide open for the judges to render their opinion based on what they came to work with inside their own head.

  18. 18 nump 1, September 8, 2009 at 7:40 pm

    Hey Jon, you going on fat boy Olbermann’s show tonight? I tell you, that Glenn Beck is cleaning house on liberals plus his ratings are higher than Olbermann, Maddow, and Schultz COMBINED!!!

  19. 19 nump 1, September 8, 2009 at 7:40 pm

    Olbermann has CANKLES! Look ‘em up.

  20. 20 Buddha Is Laughing 1, September 8, 2009 at 7:46 pm

    nump has spongiform microencephalopathy.

    Look it up.

  21. 21 Buddha Is Laughing 1, September 8, 2009 at 7:49 pm

    Jules,

    Thanks.

    That was slimy.

    It also reaffirms the notion that I’ve never met a Floyd I liked other than Pink.

  22. 22 Jericho 1, September 9, 2009 at 8:21 am

    The correct answer is he won like a loser.

  23. 23 Mark 1, September 10, 2009 at 2:51 pm

    The finish of a bike race is measured by location of the front axle. If a rider crashes he and his bike must finish. It sometimes happens that a rider walks a broken bike to the finish line. Since both his bike and himself reached the finish line before the next cyclist, I would think he won. This would have been more of a dilemma if the next cyclist had crossed after the bike but before the rider.

  24. 24 alfredo 1, September 12, 2009 at 4:45 pm

    The momentum carried both the bike and the unseated rider across the line before the second place rider. I’d say he won. If the bike crossed and he came to rest before the line, I’d award the race to the second finisher.

    You see runners fall as they crossed the line. They may be falling, but the position in the race as they broke the line should stand.


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