Is it legal to skate on the streets of Chile?

In European and U.S. cities is common to see signs prohibiting the practice of skateboarding. Based on those prohibitions is born some of the slogans of skaters known as "skateboarding is not a crime", among other. Here in Chile the issue is not so different, although the performance of sport does not conform to a crime, depending the case you can take a nasty fine at home.

by Williamson Catalán Maldonado

Santiago has become a city that has received good way skateboarding. The mass arrival has more than 15 years and has never existed hint of illegality in it. Although there are limitations to their practice, has no support of the Constitution. Neighbors upset about noise or overprotective parents have tried to ban the carrying of skateboarding are the main enemies of the skater.

Skateboarding, as it is a sport that, in some way, "taking" the streets tend to be labeled as illegal. However, there exists in the current Chilean Constitution no prohibition in practice, either total or partial.

Lieutenant Araya, belonging to the 1st station in Santiago, says that the officials of that institution can draw attention to those young people who do not make use of security measures relevant to the practice of sport, as are the helmet, kneepads and elbow, but cannot stop them if they do not used. Nor can stop them to go on the table in public places or not established while the skater doesn't do tricks on the table. In cases where the skater does not meet this standard, it could have the officer arrest on charges of "disorder in public". However, this arrest is strictly at the discretion of police, demonstrating a loophole in relation to what is regarded as public disorder.

According to the legal advisor of Municipality of Providencia, the practice of skateboarding will not be considered in public disorder, while a passerby or neighbor does not make a formal complaint about of facts. Of becoming arrested on charges of public disorder, the skater should be go to police headquarters, where the attorney responsible whether to apply a monetary penalty.

The lawyer and professor at the University of Chile, Rodrigo Bustos says that the Constitution considered disorderly acts those, acting as a group, and to undermine social peace, alter the established order, putting at risk the people, causing property damage  and/or invading facilities or buildings. Under this background, Bustos notes that "the great void in the law is that who the police actually applied, allowing multiple interpretations about it."