Drive-Thru Windows

Question

Alison asked:  Is it illegal to ride on a bicycle in a drive thru? Banks and restaurants said they will not serve us, due to safety issues, but will allow motorcycles. And, if it is legal, can they really impose a company policy banning the use of bikes? Please clarify.

Answer

Please see this post:

http://flbikelaw.org/2011/04/drive-through-windows/

Posted in Ask Geo, Misc Tagged with:
One comment on “Drive-Thru Windows
  1. No… It is not illegal to operate a bicycle through a drive through. There is no State Law or Regulation that prohibits such restriction. This is a restriction imposed by the property owner.

    Yes… They can impose their own policies.
    This is because any public fast food chain or bank with a drive through is still on Private Property. Because it is Private Property, they can and do reserve the right to refuse service based on their own regulations.

    The primary and most used excuse is due to Safety Reasons. This is because they fear lawsuits. However, what they fail to realize is that they cannot be held responsible for the negligent acts of another that is not part of their staff. This means, if a Driver hits you in the drive through and you’re on a bicycle, it is either your fault or the drivers fault.

    The driver nor you can blame the incident as being the fault of the property owner. They did not hold a gun to your head and demand you by cost of life that you ride your bicycle through the drive through and they did not do the same to the Driver and demand of them by cost of life that they hit you.

    Bicycles in the state of Florida are classified as VEHICLES. Bicycles with Engines (gas or electric) are considered MOTORIZED VEHICLES. This puts bicycles in a completely different light. And it is a light that almost all of society is completely oblivious to. Bicycles have the SAME RIGHTS and SAME RULES on Public Roadways as defined in the Florida Statutes. They ARE a vehicle. They WILL be treated as such.

    Your only hope is to somehow convince the persons responsible for this restriction at those places that refuse service that if your bicycle is considered as a VEHICLE in your local state laws, that you should have the same RIGHTS and Responsibilities as such.

    Your only means of ammunition is recording footage of their discrimination (because that is exactly what it is, regardless of their reasoning) and if your state laws declare your bicycle as a VEHICLE, to explain to them such law.

    Post this footage to places like Fox News, ABC, CNBC, LOcal news, etc… YOUTUBE

    Make it public.

    This will cast a very dim light on their image and their company.

    Proper wording is a MUST. No Slander or Defamatory or Demeaning statements. Just the facts and proper usage of words. (Lawyers excel at usage of words even when those they defend are 100% guilty)

    So be professional about it, but assert your right to your own lifestyle. This IS the land of the free after all, and like those who restrict bicycles from service in the drive through, we have the right to make our lifestyle as we choose. We also have the right to shine the light on those who make such absurd and discriminatory restrictions.

    Stand up for you 🙂

    I hope this helped better than the link in the previous reply did.

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