Court Battle to Drive Golf Cart on Sidewalk

ST. JOHNS COUNTY, FL -- Morris Steinheimer and Mandy Fugate live in Treasure Beach.

They both suffered brain injuries years ago which inhibit their ability to walk.

So they often have traveled by golf cart to church, the YMCA, and the grocery store.

Steinheimer told First Coast News, "It gives us the means to get around town and be independent."

However, state law says operation of motorized vehicles is not allowed on sidewalks.

That's where Steinheimer has driven his golf cart.

St. Augustine Police Chef Richard Hedges said Steinheimer has received about a half dozen citations and warnings for driving on sidewalks.

Steinheimer, Fugate and their caregiver, Sandy Middlemiss, argue the state law violates the Americans with Disabilities Act.

"Just look at the federal ADA laws," Middlemiss said. "It's clear that a person with mobility impairment uses a golf cart as a mobility device where pedestrians go. How much clearer can that get? It's federal law. Federal law supersedes local."

Steinheimer was arrested in March for refusing to sign a citation for driving the golf cart on the sidewalk in St. Augustine Beach.

Monday, a judge in the St. Johns County Courthouse heard Steinheimer's motion to dismiss the charge and declare the law unconstitutional.

One of Steinheimer's attorneys, Tom Cushman, said the golf cart is a "reasonable accommodation" as a mode of transportation for Steinheimer.

Cushman said if Steinheimer is not allowed this "reasonable accommodation," it violates the American with Disabilities Act as well as the "equal protection of the law" under the 14th Amendment.

Judge Charles Tinlin also heard from the Attorney for the City of St. Augustine Beach, Geoffrey Dobson.

Dobson said it was the city's position that handicap vehicles such as three-wheeled scooters and motorized wheelchairs were permissible on sidewalks under state law.

Dobson said sidewalks are not for golf carts because they take up the whole sidewalk.

However, Steinheimer told First Coast News, a motorized wheelchair would not be big enough for both him and Fugate to ride on.

Police Chief Hedges said his officers cited Steinheimer and ultimately arrested him after citizens complained about being pushed off the sidewalk by Steinheimer and Fugate.

Judge Tinlin asked about this, and Cushman said they had yet to hear from or find any of those citizens who had complained.

The judge said he will deliver a decision "as soon as possible" and that it may come this week.