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Wednesday, November 9, 2011

About that 'use of sidewalk' criminal charge against Occupy Dallas protesters arrested on Saturday

Occupy Dallas supporters have criticized Dallas police for what they say was an overly aggressive response to Saturday's protest at the Bank of America building downtown.

Dallas police arrested eight people, including seven on a rather odd-sounding charge of "use of sidewalk." According to the Texas Transportation code, that violation basically says that pedestrians cannot walk on a road if a sidewalk is provided and accessible.
It's tough to draw any clear conclusions from several videos of the protest posted online. Dallas police are continuing to review the incident.
Here's the exact wording of the law that could apparently land you in jail for walking in the street:
Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian.
(b) If a sidewalk is not provided, a pedestrian walking along and on a highway shall if possible walk on:
(1) the left side of the roadway; or
(2) the shoulder of the highway facing oncoming traffic.
(c) The operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall yield the right-of-way to a pedestrian approaching on a sidewalk extending across the alley, building entrance or exit, road, or driveway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11, 2001.

http://crimeblog.dallasnews.com/archives/2011/11/about-that-use-of-sidewalk-cri.html