Retailer sues Enschede over fatbike ban, calling it "discriminatory"
Fatbike retailer La Souris has filed a lawsuit against the municipality of Enschede over the fatbike ban that applies in the city center during shopping hours. Among other things, La Souris claims the fatbike ban is discriminatory and violates the European Convention on Human Rights, which states that “everyone has the right to the peaceful enjoyment of their property,” RTV Oost reports.
The municipality of Enschede banned fatbikes in the city center by adapting its General Local Ordinance. The ban applies during shopping hours to electric bicycles with tires wider than 7 centimeters. According to the city, fatbike riders were causing problems in the busy area, and their speeding between shoppers was causing dangerous situations.
La Souris argues that traffic regulations are determined nationally, and a municipality cannot simply deviate from them. According to the retailer, three national studies have also shown that it is “neither effective nor feasible” to distinguish between fatbikes and other electric bicycles. So it is absurd that Enschede is making the distinction, the company said.
The retailer also called the city’s argument for safety baseless, saying that studies commissioned by the Cabinet show that fatbikes are safer than other types of electric bicycles. According to La Souris, intimidating or boorish behavior by fatbike riders is legally separate from the vehicle and should not be taken into account. “Drivers who strictly adhere to traffic rules are also affected. This is not only disproportionate, but also ineffective,” La Souris said.
A spokesperson for the municipality of Enschede told RTV Oost that the city received the summons on Thursday, but would not comment on the matter at this time. “We are carefully studying the summons and will conduct the substantive debate in court, not in the media.”
Alderman Marc Teutelink of Mobility did previously call the fatbike ban legally sound and proportionate because the ban applies only in the pedestrian zone in the city center, and only during shopping hours.
The court in Enschede will hear the case on May 13.
