Race Bandits to be SUED for 'theft of service' in Modesto (CA) ?

This seems worse than the KP Kelly case.

Another day...and another cheater.

In conclusion:

1) There is a new Cheater-Fraud every single day now.

2) The Apocalypse started with the November election in the United States.

Derek- Why do you cross post EVERY single blog post over here?

the race sucked , we ran the Modesto half and they are so self centered ,money hungry, and full of themselves, that it sucked the joy out of this race , whats the theft ??

they get no result

they didn't get a shirt

there was no benefit out on the road there were no mega crowds that moved you on

if you count a couple street closures as a benefit then your nuts !!!!

we will NEVER go back to that overpriced long run again !!!!!

so let it go who cares if a hobby jogger couldn't pay the $125 to run a half and decided to accompany a relative , or a friend

if Modesto wasn't gouging people with these prices , then no one would do this !!!!

Draining the swamp one cheater at a time. If they are illegals they should also be deported. Two birds with one stone. Just say No to Sanctuary races.

MAGA and bandits never prosper.

Back in my day, bandits didn't worry about having a race number. AND WE LIKED IT!

I'm changing my status from bandit to intra-race motivational support crew. Free of charge to the RD. You're welcome.

who cares Modesto sucked wrote:

whats the theft ??

they get no result

they didn't get a shirt

there was no benefit out on the road there were no mega crowds that moved you on

if you count a couple street closures as a benefit then your nuts !!!!

They obviously got some benefit out of it, or they would not have done it.

If something costs more than it is worth, don't buy it. If a race has a high entry fee that isn't justified by the quality of the product, don't run it.

seems obvious wrote:

who cares Modesto sucked wrote:

whats the theft ??

they get no result

they didn't get a shirt

there was no benefit out on the road there were no mega crowds that moved you on

if you count a couple street closures as a benefit then your nuts !!!!

They obviously got some benefit out of it, or they would not have done it.

If something costs more than it is worth, don't buy it. If a race has a high entry fee that isn't justified by the quality of the product, don't run it.

that's not really a compelling legal argument.

If they are going to sue somebody on the basis of street closures or something, I think it is very unlikely they will prevail.

Mr. Obvious wrote:

seems obvious wrote:

They obviously got some benefit out of it, or they would not have done it.

If something costs more than it is worth, don't buy it. If a race has a high entry fee that isn't justified by the quality of the product, don't run it.

that's not really a compelling legal argument.

If they are going to sue somebody on the basis of street closures or something, I think it is very unlikely they will prevail.

It wasn't intended to be a legal argument. Just a response to the idea that they did not benefit from running the event. I'm also not sure why he's talking about my nuts.

Could an argument be made for trespassing? If I have a contract giving me exclusive right to use the street for my event, anyone who uses that space without my consent is trespassing, no?

There once was a time when people were called out and got their butts kicked for cheating or acting like a**holes. Somewhere along the way, we got too lazy and/or scared to stand up for what is right. I applaud these efforts to call out cheaters.

Running with a copied bib is bad news. Indeed, it's theft.

But banditing? Oh c'mon, the race organizers don't own the streets.

It's not so great to bandit in a run where organizers spend a lot on security, permits, gatoraid, etc., but it should not be a crime.

Loofer wrote:

It's not so great to bandit in a run where organizers spend a lot on security, permits, gatoraid, etc., but it should not be a crime.

Why do so many people on here spell Gatorade wrong? It's not like you don't see the label with the correct spelling over and over again.

Loofer wrote:

Running with a copied bib is bad news. Indeed, it's theft.

But banditing? Oh c'mon, the race organizers don't own the streets.

It's not so great to bandit in a run where organizers spend a lot on security, permits, gatoraid, etc., but it should not be a crime.

Agree that just running along in a race in the classic bandit manner (where you take no aid, do not impede others, do not cross the finish line, do not accept awards, finisher trinkets or post race food) is not a crime.

In this case they went far beyond just banditing the run.

Prosecuting these runners is a clear indication that the event directors are putting on the race to make a lot of $. They are running the event as a business and likely view these actions as theft.

this and this wrote:

Loofer wrote:

Running with a copied bib is bad news. Indeed, it's theft.

But banditing? Oh c'mon, the race organizers don't own the streets.

It's not so great to bandit in a run where organizers spend a lot on security, permits, gatoraid, etc., but it should not be a crime.

Agree that just running along in a race in the classic bandit manner (where you take no aid, do not impede others, do not cross the finish line, do not accept awards, finisher trinkets or post race food) is not a crime.

In this case they went far beyond just banditing the run.

Prosecuting these runners is a clear indication that the event directors are putting on the race to make a lot of $. They are running the event as a business and likely view these actions as theft.

I'm confused. Are they being sued, or prosecuted? The article indicates the former. Are you aware that they are being criminally charged?

seems obvious wrote:

Mr. Obvious wrote:

that's not really a compelling legal argument.

If they are going to sue somebody on the basis of street closures or something, I think it is very unlikely they will prevail.

It wasn't intended to be a legal argument. Just a response to the idea that they did not benefit from running the event. I'm also not sure why he's talking about my nuts.

Could an argument be made for trespassing? If I have a contract giving me exclusive right to use the street for my event, anyone who uses that space without my consent is trespassing, no?

I highly doubt the permit grants them exclusive use such that prosecution for trespassing would be possible, or that a prosecutor would think that a worthwhile use of time.

This is a proposed civil action for theft of services. I would have to read upvon statute and case law in the jurisdiction, but I'm not seeing a compelling case at first glance.

1) I'm really impressed at how Derek has weaponized his autism to catch marathon cheaters.

2) As for "theft of service" - the copied bib is what will screw them. If there was no bib then no theft.

I'm curious as to how banditing a race differs from, say, stealing cable. The argument seems to be that an additional runner does not add to the cost of the event, so there is no crime/cause of action. But couldn't the same be said of any non-rival good? If I tap into my neighbor's cable, that doesn't create additional expense for the cable provider versus me signing on as a legal customer, but no one would argue that I'm not stealing.

Well, if you are stealing cable, it is clear that you are getting something (the programming ) that you are not entitled to.

With race banditing, assuming it is on a public road, it is not clear to me that the person is doing anything other than running on a public street, which generally people have a right to do.

What service are they receiving from the race director? It is not clear to me that a road closure counts as a service.