Traffic fine upheld against disabled Claremore man


Wednesday, December 3rd 2003, 12:00 am
By: News On 6


A judge has upheld a traffic fine for a disabled Claremore man, who drove a golf car across a state highway.

Gene Young suffers from cerebral palsy. Young uses the cart to help him get around, which his attorney says is protected under the American's with Disabilities" act.

In October, Young was ticketed under state law, which prohibits driving a golf car on the highway. And the judge has now ruled federal law doesn't apply to golf carts on city streets. He says Young admitted he broke the law. "It's my impression that judge post had his hands tied based on statutory law and he didn't want to be a legal pioneer on the issues of whether it's constitutional or not I respect Judge Post he's a great man, however we still believe that state and federal law will trump this ridiculous statute."

The city has tried to help, by providing Young free rides with a disabled van service. Young says it doesn't match his schedule. The city even donated a motorized wheelchair, but Young says work is too far away to use it.

Young's attorney says he will appeal to district court.