There are some funky laws about RR, hold-outs from back in the day when the government granted them monopolistic franchises, etc. The term "railroaded" didn't just come from nowhere. Probably would be interfering with interstate commerce or something to control the train activities on their ROW. (Yeah, they own that track land you are being given permission to cross over in your car.)
Really doubt it could be done.
Actually, I wish railroads were stronger, and less RR ROW were being sold-off and parceled out. We are going to regret that one of these days.
OTOH, I think any large sporting event within the city limits should be banned unless they can get a "Determination of Non-Significance." The traffic around game days is ridiculous. And why is it that Safeco field crowds (full of rowdy and dangerous suburbanite types) get a few bored traffic cops and a peace rally gets assholes in riot gear packing machine guns? I tell you, those stadiums could sink into the sound and I wouldn't miss them.
See Norfolk & W. Ry. v. City of Oregon, 2000 U.S. App. LEXIS 6712, holding that the Federal Railroad Safety Act of 1970 trumps local ordinances prohibiting obstruction of public streets by railroad companies if there is no way that the railroad could comply with the ordinance that would have some implication on safety.
So, it'd probably be struck down under the Supremacy Clause if it did pass.
An interesting note: if I were in the real world instead of school, the Lexis search that I did to find that case would have cost approximately $300.
First off, thank you for expending someone else's money to research for us. ;;)
Second.. how does it not IMPROVE public safety to /not/ run trains at times of busy traffic? fewer people will jump the tracks, etc. I think the argument could be made...
I think the idea is that the FRSA gave the federal government exclusive authority to regulate railroad safety. So, yeah, it might make it safer, but you need to complain to your senator/congressman to get anything done about it.
Oh, also, obIANAL. Do not actually think this is advice yadda yadda.
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no subject
Date: 2005-03-10 06:50 pm (UTC)no subject
Date: 2005-03-10 08:21 pm (UTC)no subject
Date: 2005-03-11 12:33 am (UTC)Really doubt it could be done.
Actually, I wish railroads were stronger, and less RR ROW were being sold-off and parceled out. We are going to regret that one of these days.
OTOH, I think any large sporting event within the city limits should be banned unless they can get a "Determination of Non-Significance." The traffic around game days is ridiculous. And why is it that Safeco field crowds (full of rowdy and dangerous suburbanite types) get a few bored traffic cops and a peace rally gets assholes in riot gear packing machine guns? I tell you, those stadiums could sink into the sound and I wouldn't miss them.
-BDH
no subject
Date: 2005-03-11 12:55 am (UTC)So, it'd probably be struck down under the Supremacy Clause if it did pass.
An interesting note: if I were in the real world instead of school, the Lexis search that I did to find that case would have cost approximately $300.
no subject
Date: 2005-03-11 02:18 am (UTC)Second.. how does it not IMPROVE public safety to /not/ run trains at times of busy traffic? fewer people will jump the tracks, etc. I think the argument could be made...
no subject
Date: 2005-03-11 02:54 am (UTC)I think the idea is that the FRSA gave the federal government exclusive authority to regulate railroad safety. So, yeah, it might make it safer, but you need to complain to your senator/congressman to get anything done about it.
Oh, also, obIANAL. Do not actually think this is advice yadda yadda.
no subject
Date: 2005-03-11 02:28 am (UTC)