I just want to go home. It's freezing. >> It it it is cold. >> Well, why are you stopping me then? I've been riding this for two years. >> I'm going to explain it to you in a second. We're stopping you because you're on the sidewalk with it. Your road through a crosswalk. >> it's it's a legal thing on the sidewalk. Look it up. It's a mobile scooter. It's a mobile scooter. >> Okay, okay. >> It's an electronic scooter. >> Yeah, it's a mobile scooter. >> I got to actually stop you. >> Okay, do you understand what that means? It's my mobile scooter. It's how I get around. I don't have a car. >> Okay. >> Okay. It's like I Yeah, it's like Ira's. He goes on Yeah, because I'm getting pissed off. >> Why are you getting pissed? >> Because I want to go home. You guys are pulling me over for no reason. >> We're We're on a >> like Ira's. >> Ms. Gamin, who has been diagnosed with Best disease with macular degeneration of both eyes, chronic obstructive pulmonary disease, asthma, lumbar degeneration causing lower back pain and symptoms, and peripheral neuropathy, was riding her three-wheeled mobility scooter on the sidewalk. >> It's like Ira's. You know Ira, the blue guy, who the guy is riding It's exactly like his, except it's got two seats. That's all it is. >> It's electronic. >> Why? Exactly. >> Do you deny that it's an electronic scooter? >> It's not an electronic scooter, and I can ride it on the sidewalk. >> No, it's not gas. >> Okay. >> I'm I'm cold. You guys just told me to >> Yeah, I am. >> No, you're not. >> Yeah, I am, because you legally cannot stop me. >> You're lawfully detained right now. You are clearly on a lawful traffic >> For what? >> You see those red and blue lights? >> For what though? >> Are you going to let me explain it? >> Yeah, because you don't have a reason to. You guys are legally I You're taking You're taking my disability act, and you're throwing it in the in the garbage. >> I have no idea. >> This is my disability scooter. This is how I get around, and you know that. You've seen me many times around this town riding it. >> Okay, are you going to let him explain to you why you're actually on a lawful traffic stop? Okay. So, we stopped you because it that was actually looked up before, okay? You can't ride this in a crosswalk and on the sidewalk. >> Are you kidding me? >> While Ms. Gamin and the officers debate whether her scooter is an electronic scooter or a mobile scooter, under Oregon law, both types of scooters are considered a {quote} motor assisted scooter. Section 801.348 of the Oregon Revised Statutes defines a motor assisted scooter as a vehicle that is designed to be operated on the ground with not more than four wheels, has a foot support or seat for the operator's use, can be propelled by motor or human propulsion, is equipped with a power source that is incapable of propelling the vehicle at of greater than 24 mph on level ground, and if the power source is electric, has a power output of not more than 1,000 W. Under this definition, both a two-wheeled standing electric scooter and a three-wheeled scooter with a seat like Ms. Gaiman's would qualify as motor assisted scooters. Ms. Gaiman argues that because she uses the scooter as a mobility device, she is allowed to ride it on the sidewalk. Under Section 35.137 of Title II of the Americans with Disabilities Act, a state or local government is required to {quote} make reasonable modifications in its policies, practices, or procedures to permit the use of other power driven mobility devices by individuals with mobility disabilities. Section 35.102 of Title II states that it applies to {quote} all services, programs, and activities provided or made available by public entities. Maintaining the accessibility of public sidewalks for individuals with disabilities falls within the scope of Title II. A court evaluating Ms. Gaiman's situation would likely agree that the sidewalk was covered by Title II of the ADA and could therefore conclude that allowing Ms. Gaiman to use her scooter on the sidewalk was a reasonable modification to Oregon law. >> So, the mobile scooters sit right around here. All these old people can't ride them on the sidewalk? >> Nope. Not according to the Oregon Department of Transportation. I'll look it up for you. Just so you can show know that I'm not messing with you and he's not messing >> Okay, so I'll let everybody know that you guys have bad laws in this town and that people that have disabilities No, you know what? It's disabilities, okay? These people ride these scooters for disability. You want them riding in the streets to get hit by a car? You're kidding me. >> I don't make the rules. >> Yeah, well. >> I'll grab some information. Do you Do you have an ID on you? >> I don't need to give you my ID. >> You do. You are lawfully detained. You've been explained that. You will provide your name or identification. >> You guys. >> The officers demand that Ms. Gaiman provide her name or identification because she is being lawfully detained. While Oregon does not have a stop and identify law that requires individuals to identify themselves if police officers have a reasonable suspicion that they are involved in criminal activity. Oregon law does require that individuals provide identification during a traffic stop. It is a class C misdemeanor for an individual to fail to present and deliver a driver's license, driver permit, or out-of-state license to a police officer when requested by the police officer upon being lawfully stopped or detained when driving a vehicle. But this code is intended to prevent individuals from driving without a valid license and not to criminalize a citizen's refusal to identify themselves. While title two of the ADA requires the city to make reasonable modifications to accommodate Ms. Gaiman's mobility scooter, section 35.137 does allow a public entity to ask an individual using a power driven mobility device to quote provide a credible assurance that the mobility device is required because of the person's disability. A public entity must accept a valid, state-issued disability parking placard or card, or other state-issued proof of disability as a credible assurance that the use of the other power driven mobility device is for the individual's mobility issues. Section 35.137 also states that quote in lieu of a valid, state-issued disability parking placard or card, or state-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation not contradicted by observable fact that the other power driven mobility device is being used for a mobility disability. And her to drive the scooter on the sidewalk was a required reasonable modification. it would likely conclude that she had provided sufficient assurance of her disability. >> Is there a reason >> BECAUSE I WANT TO GET HOME. IT'S COLD AND YOU GUYS ARE MAD AT ME and you guys see me riding this many times and you know it. There's my ID. >> I've never seen you riding the sidewalk. >> Yes, you have. Can I please get my ID back now? >> No, you will get it back once we're once we finish. >> me to show you what the the rules were. >> No, I just want to go. I can look them up myself. I'm cold and I want to go and shower. >> last again >> Oh, really? >> warrants in the last few months and they're about California, Utah, Oregon. >> I have no warrants. I have nothing. >> Copy. >> Thank you. Can you give me back my ID? >> No, you are not free to go right now. You're not free to go until we are finished. >> I'm finished with you. I'm not going to say one more word to you. And I can't look at that because I can't see your phone. >> Okay. So, in Oregon, since this is a electronic scooter, you are not allowed to ride on sidewalks, you're not allowed to ride it in crosswalks. All right? >> The officer states that when operating her scooter, Ms. Gaman is not allowed to ride it in crosswalks. While section 814.528 of the Oregon Revised Statutes prohibits operating a motor assisted scooter in a crosswalk, requiring that the operator walk the motor assisted scooter in a crosswalk, it provides a clear exception for individuals with disabilities stating, "Quote, This section does not apply to a person with a disability operating a motor assisted scooter in a crosswalk." When Ms. Gaman asks for her ID back, the officers inform her that the stop is not over yet and over the course of the next 15 minutes, the officers write Ms. Gaman multiple citations. >> You have received citations in the >> No, I just want >> I'll I'll go ahead and explain it. >> No, I know I've had a citation >> Here's the deal, I'm going to do my job. >> No, I don't need your job. You're You're not doing your job, though. You're not serving protecting because what if those people are there? >> I'm trying to issue a citation right now and you're you're breaking >> Okay, come on, hurry up. >> which is actually causing me to pay more attention to your aggressiveness. >> Hurry up. >> Your aggressiveness, which is preventing me from doing my job. >> Yeah, I hurry >> So, if you try to reach and grab something out of my hand again, you're going to go to jail tonight. >> All right. Stop. >> Do you understand that? >> All right. Stop. >> Okay. That was your warning. >> After issuing the citations, the officers informed Ms. Gamon that she was not permitted to ride her scooter home, which was 1 or 2 mi away, but Ms. Gamon rode the scooter home anyway. The officers followed Ms. Gamon home in their patrol cars with their lights and sirens on and arrested her in her garage for attempting to elude police and interfering with an officer. Criminal charges were brought against Ms. Gamon in Curry County. A jury convicted Ms. Gamon of attempting to elude a police officer, which is a Class C felony. A judge sentenced her to 5 days in jail and 18 months of probation, but Ms. Gamon appealed the conviction. Ms. Gamon filed a lawsuit in the Federal District Court for the District of Oregon. Ms. Gamon's complaint alleges that she was unlawfully detained and arrested without probable cause in violation of the Fourth and 14th Amendments and that she was discriminated against based on her disability in violation of Title II of the Americans with Disabilities Act and also asserts causes of action for assault, battery, intentional infliction of emotional distress, and false arrest. The complaint requests $500,000 in compensatory damages and punitive damages in a quote fair and reasonable amount to be proven at trial.