And the fur will fly

To the Editor:

The Town of Paris is in the midst of a raging dispute. Emotions are high. Accusations are flying. People are talking right past each other. And the issue is far from being resolved.

It has to do with the limits of permissible ATV use on public roads. At the heart of the ruckus is a state statute entitled “Operation of ATVs.” It is my observation, unfortunately, that many persons engaged in the debate cite one section of the law which he or she thinks, correctly or incorrectly, supports the outcome he or she wants, with little or no regard for the law as the rules by which we all must live and to which we must, like it or not, bend our conduct.

In an effort to try to bring light rather than heat to the public discourse, I want to explain each of the relevant statutory subsections which thus far have frequently been grossly misrepresented and/or misunderstood.

The starting point is that the initial words of the law say, essentially, that ATV’s may be operated only on private land and only then with the consent of the owner or other person in possession. Section 6 essentially says that ATV’s may not be operated on public ways except as expressly set forth in a series of following sub-sections. In other words, there must be a permission granted in one of the sub-sections for the operation of an ATV on a public way.

Subsection 6 (A) says essentially, that “A properly registered ATV may be operated on a public way only the distance necessary, but in no case to exceed 500 yards ...  for the purpose of crossing, as directly as possible, a public way ... .” The Town of Paris may no more withdraw this right than it may withdraw the right to operate a motorcycle in town. The Town cannot prevent ATV’s from using town roads as specified in Subsection 6 (A), just as it cannot require a motorcyclist traveling from Oxford to West Paris to go around our town. This not a matter of “home rule.” This is a matter of the mandatory law of Maine.

Subsection 6 (H) says essentially that an ATV may be operated on any public way that the Selectmen designate as “an ATV-access route”. There has been an ongoing dispute within the Board of Selectmen whether this subsection gives the Board an unfettered right to excise its discretion arbitrarily and capriciously (an oxymoron), or whether it must exercise its discretion according to reasonable standards applicable to sorting out which of all the roads in town may be used and which may not.

As I am writing this piece, 6 (H) permission is not being sought; so there are no issues concerning it on the front burner. Very likely, there will be a future request and this issue will once again need to be resolved.

The Town is anticipating the use of Parsons Road this Summer by ATV operators in compliance with the terms of Subsection 6 (A). That’s when the fur will fly again. Please keep this summary handy so you can follow the action when the time comes.

Ted Kurtz

Paris