City Upholds Ban on Segway Vehicles
By Eric Fish

The City of Mackinac Island has vowed to enforce its ban of motor vehicles in the face of threats by disabled veterans and others to use Segway electric scooters on Mackinac Island. The action, taken in a virtually empty room at the tail end of the city council meeting Wednesday, June 27, could commit the city to another court battle, like the one over electric-assisted bicycles it lost in 2003 to a summer resident with multiple sclerosis. That case ended when the Michigan Supreme Court refused to hear the city's appeal.

Segways, known as human transporters, are permitted by state law on municipal sidewalks in Michigan, but Mackinac Island, because of its motor vehicle ban, was specifically exempted.

Nevertheless, city attorney Tom Evashevski advised the city council to be cautious in challenging Segway use on Mackinac Island, saying the federal Americans with Disabilities Act (ADA) trumps state legislation that contradicts it. The ADA is what ultimately prevailed in the electric-assist bicycle case, and the city now allows such vehicles under special permit, ordered to do so by the courts.

Emerging from an executive session Wednesday evening, however, Council unanimously voted to continue the ban of Segways on the Island and to ticket anyone found using one.

In recent weeks, the city has received a number of requests for Segway use, and Council's executive session was to discuss with Mr. Evashevski whether the ADA would prohibit the city from enforcing the law.

"My general advice was that the ADA does prohibit the state from enforcing the law," Mr. Evashevski announced following the executive session.

Back in open session, Council invited public discussion on the matter of permitting Segways on the Island, but only the city's zoning and building officer Dennis Dombroski and the Town Crier reporter had waited in the hall for Council to reconvene the public meeting, and neither offered comments.

"It seems to me we're dealing with state's law," Alderman Mike Hart said. "We like to enforce the state law."

Little more was said.

The Mackinac Island State Park Commission shares the city's concern that the use of Segways on the Island is a "serious concern," its chairman, Dennis Cawthorne, told the Town Crier Thursday.

"I believe the commission will be conferring with city to develop a common strategy, position, and approach to this issue," he said, although he noted not all commissioners may be aware of the issue, yet.

Whether the Island should challenge Segway riders before such strategies are formulated, he said, is a "close call."

"I probably would have been reluctant to draw the line in the sand right now," he said, "although it will probably have to be drawn at some point."

Police Chief Bill Lenaghan and Lieutenant Pete Komblevitz were off the Island Thursday and couldn't be reached for comment.

The closed session with the city attorney came at the end of a special council meeting to determine the upcoming tax millage rate, but a decision on the millage was deferred until after a special session with city auditor Michael Konicki Friday, June 29.

At a public "Truth in Taxation" hearing prior to the special meeting, Council deliberated a Finance Committee recommendation to increase the city's tax levy 0.705 mills. If adopted, the proposed additional millage will increase operating revenues from ad valorem property taxes 8.23% over such revenues generated without holding a hearing. If not approved, the operating revenue will increase by 0.62% over last year's operating revenue.

One of the reasons for the proposed increase in taxes is the deficit the City has on the Fire Hall. Council members said that, if adopted, the millage may go back down when the Fire Hall is scheduled to be paid off in June 2009, and depending on the status of the state economy.

Council was presented with three other options regarding taxation. Two of the proposals would result in a budget deficit of nearly $60,000, the other more than $11,000. The proposed increase of 0.705 mills would allow the City to almost break even.

Alderman Jason St. Onge argued that raising taxes would be harmful to the community.

"I'm going to ask the department heads to do some hard work," he said. "If they can cut about 3% each out their budgets, we can balance this and not raise taxes. I cannot vote for a raise in the taxes right now."

Mackinac Island has already cut budgets in several departments. Council voted to dismiss the lieutenant position at the police department this August.

Alderman Frank Bloswick agreed with Mr. St. Onge.

"Based on what I see and what I know from my own business, I'm not going to stand up here and vote to raise taxes," he said. "I can't do it."

The special council meeting with the auditor Friday, to further discuss the millage, has been posted for 1 p.m. If a decision is not made then, Council will likely vote on the matter at its regular meeting Monday, July 2, at 6 p.m., moved from Wednesday because of the July 4 holiday.