City of Wichita v. Hackett

The opinion of the court was delivered by

Nuss, J.:

A Sedgwick County District Court convicted Robert L. Hackett of one count of driving under the influence (DUI) in violation of Section 11.38.150 of the Code of the City ofWichita (City). At the time of the violation, he was riding a bicycle. After Hackett’s appeal to the Court of Appeals, we transferred the case on our own motion pursuant to K.S.A. 20-3018(c). The issues on appeal, and this court’s accompanying holdings, are as follows:

1. Is it permissible for cities to adopt ordinances prohibiting the operation of bicycles while under the…