6 March 2008
Boy-racers, road closures, and "public disorder"
> ThePress: "Mayor's car ban aims to foil boy racers" I continue to have concerns about the use of executive power by Mayor Parker to temporarily close roads, in order to address problems arising from boy-racers. The use of the power continues to be unorthodox and potentially unlawful. I've previously discussed some of the issues that arise: > LAWS179: "Boy-racers and executive road closures" Of course, central to this determination is the assessment or judgement about whether "public disorder ... is anticipated". Obviously this involves an on-the-ground factual assessment. It may be the possibility of conflict this weekend would satisfy that criterion - I don't have a sense of the history of conflict involved with the one-off event. However, I'm more concerned about suggestions that such a ban could be used on a routine basis to address the purported "annoyance" caused by boy-racers. In my view, it is unlikely that these concerns rise to the level of public disorder required to close a road.