Segway tour company, Orlando Gliders (also known as Boston Gliders) has filed a “Motion to Dismiss and Memorandum of Law” taking aim at the 2011 City of Boston ordinance regulating the use of personal assistive mobility devices and associated violations the company received primarily for operating on the Harborwalk. Boston by Segway operates at 420 Hanover St., on the corner of Commercial St. in the North End. A summary excerpt from the document appears below:
In summary, based on the facts and authorities set forth herein this motion, the ordinance is vague, overbroad (facially and as applied), violates the 1st Amendment of the U.S. Constitution and the free speech provisions of the Constitution of the Commonwealth, it violates the commerce clause of the U.S. Constitution, it violates substantive and procedural due process guarantees of the U.S. Constitution and the Constitution of the Commonwealth, it violates the Home Rule provisions of the Constitution of the Commonwealth, the Ordinance is preempted by the Federal regulatory scheme, it improper delegates discretionary authority to the Boston Police Department, it is an illegal bill of attainder, and it contains an illegal fine scheme.
The defendant has not been provided with the complaints and factual basis for the violations at this time. By agreement with the Commonwealth, the defendant reserves the right to challenge these factual bases. When provided with these factual bases, the defendant avers that the there is no factual basis to impose liability based on fact the Segway devices were on the Harbor Walk (a permitted area) at the time of the alleged offenses, the enforcing agents failed to properly ascertain the name and affiliation of any operators, and otherwise the defendant is not liable or guilty for violations of the Ordinance.
Accordingly, the ordinance must be set aside and the cases before the Court dismissed.