From the desk of Michael Canales, Town Administrator

Editor's note: This is the second of three columns from our Town Administrator. SU selected this one because the Special Select Board (SB) meeting about the Main Street Redesign focused on the popular center crosswalk and its removal potentially causing jaywalking. So, here is an amusing take on the timely question: Is Jaywalking Illegal?

• In one corner, Publisher and Editor: Carole Owens, Jaywalking is against the law. See Chapter 90, Section 18A.
• In the other corner, Town Administrator: Michael Canales, Jaywalking is not against the law. See Chapter 90, Section 18A.
• Decision: both are right. Confused?

The law governing Jaywalking was created in 1962 making it illegal to cross the road. In 2016, an unsuccessful attempt was even made to increase the fines. This happened around the same time as the advent of the reality game Pokémon Go had reportedly resulted in an increase in distracted pedestrians and drivers, a dangerous combination.

So, if it's a law, how can Jaywalking not be a violation of law? Chapter 90, Section 18A is not self-executing, which means that a community must approve the section of law in order to make it a violation of law. In addition, Stockbridge, through its Select Board, would have to adopt rules regulating the conduct of pedestrians and those rules have to be approved by the Division of Highways. When creating rules and regulations we would have to address those areas of the town that have few marked crosswalks or none at all.

The debate comes down to what a person is referring to as "jaywalking". If the term is being used to describe simply crossing a roadway by pedestrians anywhere other than a marked crosswalk then it may or may not be illegal, it depends on if a community adopted the law. Remember the difference between where to cross a roadway comes down to who is responsible for yielding the right-of-way. In a marked crosswalk it is the vehicle that must yield. Outside of a marked crosswalk the responsibility is the pedestrian.

So, who won this debate? Let's call it a draw.

Note from MC: Outside of what is Jaywalking, safely crossing Main Street is a concern and we are reexamining the crosswalk needs.

Photo: Lionel Delevingne