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Daily News fans the flames of anti-bike bias with misinformed — or maybe dishonest — editorial

August 1, 2011 / / 9 comments

In an exceptionally misguided editorial, the L.A. Daily News attacks L.A.’s newly passed bicyclist ant-harassment ordinance as a missed opportunity to create more harmony on the roads.

It would be nice, however, if they had bothered to read the bill — instead of the knee-jerk auto-centric online comments against it — before going off half-cocked in opposing something they clearly don’t understand.

Or worse, trying to stir up controversy by blatantly misrepresenting the new ordinance.

Under the new law, sponsored by Councilman Bill Rosendahl, any car driver who “harasses” or deliberately distracts a bike rider is committing a crime for which the bike rider can sue for and receive monetary damages. What counts as distracting a bike rider – A honk? A wink? A barking dog? We can be sure the lawyers will explore that one in ludicrous detail.

As they should already know — or would, if they had bothered to get the facts first —  no one would be subject to this law simply because a driver winked at a cyclist or honked a horn — unless that honk could be clearly interpreted as a threat to the life and safety of the cyclist.

To quote LAPD bike liaison Sgt. David Krumer,

It appears that some folks are not exactly sure what harassment means within the context of the ordinance.  You can still yell at a cyclist who engages in bad behavior.  You can not however threaten a cyclist with physical harm or make comments like “I am going to run you over.”  You also can not engage in conduct that is likely to put a cyclist in harms way such as:

1) Revving your engine multiple times as it is an implied threat that they may get run over if they don’t move out of the way.

2) Tailgating a cyclist

3) Passing a cyclist at too high a speed or to close a distance so as to scare or intimidate them off the road.

4) Riding up at a high rate of speed and honking at a cyclist (this has caused cyclists to get scared and fall of their bikes).

Hope this sheds light on what “harassment” means.  In short it is an ordinance that prohibits threats (explicit and implied) as well as behavior likely to cause injury.

Maybe the Daily News was on a deadline and didn’t have time to pick up the phone and talk to Sgt. Krumer. Or anyone else who might know what they hell they’re talking about.

Though you’d think they might have corrected it before the same editorial was picked up by partner paper the Daily Breeze, spreading their ludicrously inaccurate interpretation of the ordinance even further.

Then there was this from the editorial:

Now, this is not to condone hostility, verbal abuse or threats by anyone against anyone else. But there are plenty of laws currently on the books protecting a person from inflicting harm on another person, whether it be by car, by hate speech, by meat cleaver or by Chihuahua.

Of course, if they had bothered to send a reporter to the council session to listen the debate leading up to the passage of this ordinance, they might have understood that the things addressed by it are in fact already illegal, since it was discussed repeatedly during the debate.

The problem is, harassment and threats against cyclists are almost impossible to enforce because the violations usually have to be observed by the police before they can take action against a threatening motorist. And not many people are stupid enough to threaten a cyclist when a police officer is watching.

Simply put, this law is necessary because, despite their best efforts, the police aren’t capable of protecting cyclists from motorists 24/7 throughout the vast expanse of this city. So the City Council wisely saw fit to empower cyclists to protect ourselves.

The editorial writers for the Daily News should have known that. But they either didn’t do the most basic due diligence required of their profession, or weren’t willing to let the truth get in the way of stirring up controversy.

Instead, they chose to fan the flames of the conflict on our streets, while simultaneously, and hypocritically, decrying it.

And quite frankly, I find it morally repugnant that anyone could equate a cyclist “blowing a stop sign” with a motorist deliberately threatening the life and safety of another human being.

But hey, that’s just me.

Meanwhile, Carter Rubin does a great job of responding to — and eviscerating — the Daily News stance for Streetsblog.

……..

The L.A. Times asks if a new grassroots awareness campaign that thanks drivers for seeing cyclists will help adjust attitudes. If so, I’d suggest sending a few cases to the Daily News.

……..

Ride With!, an online photo project presents “awesome” cyclists from around the world, and asks “Who do you ride with?”

……..

Yesterday’s story about the Oroville driver’s failed attempt at humor by confessing to an assault with a deadly weapon — her car — against a group of cyclists in a local newspaper column has lead to some passionate and on-target responses, some from names you may recognize.

Now the question is, will it lead to an investigation from local authorities — let alone from the editor who erred in allowing something like this to be published?

I wouldn’t hold your breath.

……..

Forget the article, this is one of the coolest bike photos I’ve ever seen. Bikerowave volunteers lend a hand at A Place Called Home. Great advice on riding skills and bike etiquette for beginning cyclists. High salaries for Beverly Hills officials don’t result in improvements for cyclists; Rick Risemberg says more bike parking for South Beverly Drive could solve their parking problems. Summer racing at the Encino Velodrome. Arnold celebrates his birthday by riding bikes with the guys in Santa Monica; thanks to George Wolfberg for the heads-up. Long Beach’s biking expats look back on their first month of touring the Northwest by Brompton. The preliminary hearing has been postponed until September for John Hines, the Long Beach fire captain accused of seriously injuring a cyclist in a drunken hit-and-run.

A former Alhambra city councilman goes car light. A cyclist suffers serious injuries after being rear-ended by a car in Montbello Friday evening, while an 18-year old cyclist was critically injured in Norco on Saturday. Bike Newport Beach says they need sharrows now; you really have to wonder just what the city’s official Bike Safety Committee is so afraid of. San Diego cyclists reflect following the hit-and-run death of a local cyclist last week. San Francisco repaints a green bike lane accused of causing collisions.

Bob Mionske offers advice on how to fight bike licensing proposals. A car writer says fight distracted driving collisions by making accident avoidance systems mandatory. How bike shops can encourage cycling in low income areas. Oregon Live says Portland has moved past the sort of driver vs cyclist conflicts that lead to L.A.’s new anti-harassment ordinance; I’m sure many cyclists would disagree. A Boulder CO dump truck driver who killed a 73-year old cyclist in June was ticketed for a previous road rage incident with a cyclist in 2009, as well as brawling with cyclists after running them off the road in 2003. Boulder riders can now enjoy a state-of-the-art bike park, where they can presumably be safe from road raging truck drivers. The Witch on a Bicycle is back, and rightfully complaining that drivers who kill a human being should face a greater penalty than for littering. No shit. Springfield Cyclist rides into an episode of COPS. A writer for the Boston Globe asks can’t cyclists and motorists just get along? A Richmond VA writer offers the 10 things that frustrate him in the conflict between cars and bikes.

Philippe Gilbert continues his amazing year with yet another classics victory. Why is UCI, bike racing’s governing body, reviled instead of respected? Town Mouse wisely says what unites us as cyclists is bigger than what divides us.

Finally, the maker of Brooks saddles causes a panic when they announce they’ll be shutting down after 140 years.

For the next two weeks, that is.

……..

I hope you’ll join me in offering best wishes to Joe Linton, one of L.A.’s leading bike and eco advocates, on the loss of his mother. And L.A. endurance cyclist and vegan registered dietician Matthew Ruscigno on the death of his great uncle.

Best wishes to my Muslim readers for a blessed Ramadan.

Category: Advocacy & Politics, Car vs Bike / Tags: , , , , ,

Giving credit for L.A.’s anti-harassment ordinance, the backlash begins & fighting blocked bike lanes

July 25, 2011 / / 5 comments

Catching up from last week, it seems the successful passage of L.A.’s anti-harassment ordinance is making waves, though not necessarily the way we might have hoped.

Despite a number of council and committee hearings as it glacially made its way through the development process leading up to unanimous approval by the city council, many motorists seemed to be blindsided by the new ordinance.

Which is what tends to happen when you don’t pay any attention to your own government.

One thing that seems to have been forgotten in the cycling community’s celebration over the passage of the anti-harassment ordinance is the role the Los Angeles County Bicycle Coalition played in seeing this law through from the very beginning.

It’s true that Councilmember Bill Rosendahl and his aide Paul Backstrom deserve the lion’s share of credit, along with Judith Reel — who had the stroke of genius to make this a civil, rather than criminal, law — and LADOT’s Michele Mowery. No one can understate the important roll attorneys Ross Hirsch and Daniel Jimenez played in vetting the wording, or the vital support of Bicycle Advisory Committee President Jay Slater and other members of the BAC in getting it passed.

And let’s not forget the work of LADOT Bike Blog’s Chris Kidd in explaining and carrying the torch for this bill.

But I remember committee meetings where the only cyclists present were myself and representatives from the LACBC.

I don’t mention this because I’m on the board of the coalition.

But because it was the hard work of Aurisha Smolarsky, Dorothy Le, Jen Klausner and Allison Mannos in fighting for this bill that convinced me to join the LACBC and become a board member in the first place. As well as Alexis Lantz, who later took over for Aurisha in fighting behind the scenes to make this law as strong as it could be and help ensure its passage.

Without their hard work, this law might not exist today. And it certainly wouldn’t be as strong as it turned out to be.

……..

Road.cc looks at L.A.’s bicycle anti-harassment ordinance, while KPCC says L.A. cyclists get the toughest protections in the U.S.; personally, I might question that since this is a civil, rather than criminal, law. The C-Blog offers a well-written and thoughtful response to KABC radio in defense of the ordinance. Writing for Orange 20, Rick Risemberg says common decency now has some teeth, while a conservative writer calls it a terrible law that will lead to legal motorist shakedowns. And our neighbors to the south don’t seem too interested in following our lead.

The L.A. Times calls it a smart law; unfortunately, some of their readers don’t get it, despite intercession by Sgt. Krumer to explain what the law does and doesn’t do.

Sgt. David Krumer at 12:34 AM July 22, 2011

Hello motorist,

It appears that some folks are not exactly sure what harassment means within the context of the ordinance.  You can still yell at a cyclist who engages in bad behavior.  You can not however threaten a cyclist with physical harm or make comments like “I am going to run you over.”  You also can not engage in conduct that is likely to put a cyclist in harms way such as:

1) Revving your engine multiple times as it is an implied threat that they may get run over if they don’t move out of the way.

2) Tailgating a cyclist

3) Passing a cyclist at too high a speed or to close a distance so as to scare or intimidate them off the road.

4) Riding up at a high rate of speed and honking at a cyclist (this has caused cyclists to get scared and fall of their bikes).

Hope this sheds light on what “harassment” means.  In short it is an ordinance that prohibits threats (explicit and implied) as well as behavior likely to cause injury.

Meanwhile, one reader suggests, in what we can only hope is a failed attempt at humor, that drivers should eliminate anyone who might be able to testify against them:

edwardskizer at 3:50 PM July 23, 2011

Drivers frustrated by this law have to remember just one rule: leave no witnesses.

Yes, very funny indeed. And that Dr. Thompson thing in Mandeville Canyon was a real knee-slapper, too.

Or if you want to waste an hour of your life and churn your stomach after realizing the sort of people we have to share the streets with, read the comments to this Times story.

Then again, L.A. isn’t the only place that needs a law like this.

……..

After years of effort from countless cyclists — myself included — Flying Pigeon finally tracks down the people who are responsible for doing something about blocked bike lanes, including all those damn trash cans.

And AAA responds to Will Campbell’s complaint about opposing California’s proposed three-foot passing law; not surprisingly, they don’t apologize or change their minds.

Which makes me think it may be time for cyclists to consider an auto club that doesn’t support a driver’s right to pass dangerously close.

……..

Congratulations to Cadel Evans for an unexpected victory in the Tour de France, and the first ever victory for the land down under, as his countrymen rejoice but don’t get a day off. He now tops the UCI rankings, as well.

The Schleck brothers finish second and third, while Mark Cavendish takes the points prize, noting that it didn’t come easy. Andy Schleck, or possibly his brother Frank, appeared to have the race won until they cracked and Cadel crashed through to victory.

Michael from Claremont Cyclist offers some great final thoughts. The Wall Street Journal looks at the Jackie Robinson of cycling. Thomas Voeckler fought the good fight to hold the yellow jersey longer than anyone thought he could.

Unfortunately, the North American contingent didn’t exactly impress.

……..

Will offers suggestions to improve that scary tunnel at the top of Sepulveda Blvd. A local cyclist had his bike confiscated after riding on the 405 during Carmegeddon, and asks you to buy a t-shirt to help get it back. With little luck and effort, Bicycle Priority Zones could soon spread across the county. Better Bike complains about politicians low-balling bikes at the last Westside COG meeting. The Times looks at the tweet that lead to a $7000 donation to the LACBC; in a final note to the story, the guy who sold his own car to make that donation had his bike stolen over the weekend. Working to make Beverly Hills more bike friendly; who knew they actually have bike racks? Gary Kavanagh writes about the lessons learned from the recent Carmageddon. Local Linus bikes are featured in a new fashion video. Six SoCal firefighters ride cross-country to honor 9/11 victims.

Long Beach starts a new bike safety campaign to remind cyclists to stay off the sidewalk. Complaints that cyclists don’t stop for a Newport Beach stop sign lead to the observation that hardly anyone does. Joe Linton rides the bike path along San Diego County’s San Luis Rey River. A Redding writer says he doesn’t see how a 3-foor passing law could make a lick of difference. The fight over San Francisco bike lanes moves to crosstown streets.

Levis unveils their new Commuter Jeans, complete with a U-lock loop. Seattle’s Cascade Bicycle Club wants more women riders on the road. After winning a new Trek Madone, Springfield Cyclist puts his old bike up for sale, and will donate the sale price — plus an additional $100 — to support victims of the devastating Joplin tornado earlier this year. A pair of blind riders take on RAGBRAI. Advice on how to deal with riding to work on a hot day. New York drivers turn a sidewalk and bike path into a DIY shortcut. The bike wars go on in Virginia Beach VA, where cyclists were recently treated to tacks on a popular riding route. The Tallahassee Democrat says cyclists have rights on the road, too.

Mexico considers investing the equivalent of $120 million in bikes and infrastructure. Do wobbly cyclists calm traffic? A UK man and woman are sentenced for severely beating a cyclist for no apparent reason. The 10 worst gyratories in London; and yes, I had to look it up myself. Fifty-four percent of English children want to ride their bikes more. A driver says he’d rather kill a cyclist and possibly himself than hit a family in a car; good response from bike writer Carlton Reid. Great bike illustrations from a Dublin artist. Town Mouse visits France and falls in love with a local bike. An Aussie cyclist is critically injured in a collision with possible U.S. Navy personnel.

Finally, while the UK is taking posties off their Pashleys, the USPS is putting bikes on their stamps. And a Florida judge ignores the law to blame the victim of a road rage assault for riding too far from the curb; let’s hope L.A. jurists are more enlightened when the first cases under the new anti-harassment ordinance come to court.

Come back later tonight when I’ll post a harrowing first-person account of the collision that left cyclist Adam Rybicki fighting for his life, and a call for justice from the riders who barely avoided serious injury along with him

Category: Advocacy & Politics, Bikes & the Law / Tags: , , , , , , , ,

Breaking news: L.A.’s groundbreaking bike anti-harassment ordinance passes full City Council

July 20, 2011 / / 12 comments

L.A.’s first-of-it’s-kind ordinance to protect cyclists from harassment by motorists by making it a civil violation has passed the full City Council by a unanimous vote. Now the measure goes to the Mayor’s office for his signature, which is expected. You can download the full ordinance here; no word on when it will go into effect.

There is no overstating just how important this innovative new law is. For once, L.A. is leading the way in protecting the rights of cyclists with an ordinance that is likely to be copied by cities around the world

The hearing for the ordinance lasted just 40 minutes, with moving comments from a number of cyclists and council members, including District 11th District Council Member Bill Rosendahl, who has shepherded the measure from its inception — and who learned to ride a bike again just two weeks ago after a break of over 40 years.

But Council President Eric Garcetti may have said it best when he suggested that this ordinance may be what it takes to move L.A. from Carmegeddon to Cycletopia.

Unfortunately, any urge to celebrate this important win is tempered by news of last night’s fatal bike collision Downtown — sources at City Hall tell me police have ruled out road rage as the cause — as well as news of two other SoCal cycling fatalities, and confirmation of the previously reported fatality in Santa Maria earlier this week.

I’ll try to catch up will all the news as quickly as I can.

Meanwhile, come out and join the LACBC Board of Directors at our annual public meeting at the Encino Velodrome to celebrate the victory and discuss what we can do to prevent more tragedies.

BAC Chair Emeritus Alex Baum and Councilmember Bill Rosendahl take questions surrounded by cyclists after the unanimous vote.

Category: Advocacy & Politics, Bikes & the Law / Tags: , , , ,

Today’s post, in which I play the race card in support of L.A.’s cyclist anti-harassment ordinance

July 20, 2011 / / 4 comments

When I moved to the deep south over three decades ago, I found myself, perhaps not surprisingly, in a town deeply divided by race.

After all, it was just over a decade after the civil rights era, and far less than that since the city’s last violent demonstrations over school busing.

It didn’t take long notice an unfortunate pattern. Every day, thousands of people, both black and white, would come into the city’s business district where I worked; every night, they would go back home to their separate parts of town.

And most people seemed okay with that.

The attitude was expressed to me many times by people of both races. “We may not like you,” they said, “but we all have to get along if this city is going to survive.”

And so they did, working side-by-side by day, then going their own separate ways, to their own separate parts of town.

So when some of my coworkers invited me to go out bar hopping on their side of the tracks, I jumped at the chance.

I’d been raving about a band I’d heard the night before, in a bar where I rarely saw a face much darker than mine. And they said if I really wanted to have a good time, I was hanging out on the wrong side of town.

A few days later, I found myself in a car with a small groups of friends and co-workers, making our way down streets familiar to them, yet which I had never travelled before.

Evidently, not many like me had; the owner of one bar we visited bought me a drink because he said mine was the first white face that had ever entered his club unaccompanied by a license or a badge.

At first, my presence was met by skepticism; once I explained, in response to the inevitable questions, that I was just there to have some fun with my friends, the reactions from other patrons ranged from indifference to warmly welcoming, like a long lost friend they’d never met.

With one notable exception.

A very angry man came up at one of the clubs and went nose to nose with me, hissing “We don’t need your kind in here.”

The next thing I knew, one of my friends was standing directly between us and facing down my challenger, who stood a good head taller and outweighed her by at least a margin of 2-1. She wasted no time in telling him that I was with her, and if he didn’t like it, he could get the hell out.

And he did.

Later, as we discussed it on the way home, she asked if I’d enjoyed myself. I replied that I’d had a great time, but learned the hard way that it only takes one jerk to ruin things for everyone.

“Now,” she said, “You know how we feel.”

That’s a lesson I’ve never forgotten. And one that often comes back to me as I ride these mean streets we call home.

The overwhelming majority of drivers I encounter on the streets as I ride my bike treat me with anything from courtesy to indifference.

But every now and then, I run into someone who doesn’t think our kind — the two wheeled kind — belongs on their streets.

Sometimes it takes the form of honking aggressively or passing too close, maybe escalating into thrown objects, insults or getting run off the road.

Or maybe it turns into a violent assault, with a driver using her car as a weapon, like the woman who deliberately ran me down on a Westwood street.

It only takes one jerk to ruin things.

And there’s usually no one there to step in between and save the day. Even if there is a cop nearby, or they happen to take your 911 call seriously and send out a patrol car, he or she is just as likely to take the driver’s side and say it was just an accident, or defend the attackers against their victim. In my experience, anyway.

That’s why L.A.’s proposed Bicyclist Anti-Harassment Ordinance is so important.

For the first time, we’ll be able to defend ourselves against driveway vigilantes who attempt to enforce their own, usually made up, version of the law.

Not with words or gestures. Or even U-locks.

But with lawyers and subpoenas.

It won’t work miracles. We’ll still have to gather enough evidence to make it worth taking a case to court, which isn’t always easy to do from the saddle of a bike — let alone laying on the road after a driver has knocked you on your ass.

And we’ll still have to prove our case before a judge and jury, even if it only requires the simple majority of a civil case, rather than the unanimous agreement required for a criminal conviction.

But we’ll finally have a chance to defend ourselves against those handful of jerks who think we don’t belong. And it will only take a few verdicts on our favor before they get the message loud and clear.

We have a right to the road.

And the law — this law — will be on our side.

……..

L.A.’s groundbreaking, first-of-its-kind anywhere Bicyclist Anti-Harassment Ordinance comes before the full City Council for final approval at 10 am Wednesday at Downtown City Hall, 200 N. Spring Street. It’s number #19 on the agenda, but could be moved up if the council wants to address it sooner to accommodate the anticipated crowd of cyclists in the room.

And yes, I’ll be there.

Category: Advocacy & Politics / Tags: , , ,

Paramount Grand Prix, Eat Real, LA Anti-Harassment Ordinance and LACBC at Encino Velodrome

July 16, 2011 / / Comments Off on Paramount Grand Prix, Eat Real, LA Anti-Harassment Ordinance and LACBC at Encino Velodrome

Bike Talk airs every Saturday at 10 am; listen to it live or download the podcast from KPFK.

It’s the Carmageddon grudge match of the century as L.A.’s own Wolfpack Hustle takes on Jet Blue on Saturday, July 16th. Follow along online as five cyclists race passengers Joe Anthony and Erza Horne on a Jet Blue flight from Burbank to Long Beach to see who can arrive at the Light House in Shoreline Aquatic Park first. The action starts at 10:50 am near Cahuenga and Chandler in North Hollywood, and is expected to conclude between 1:15 and 1:30 pm. Follow along on the Twitter hashtag #FlightVsBike, or a live tracking GPS courtesy of L.A. Streetsblog; rumor has it there may be a party afterwards.

The LACBC invites you to join them in a free guided ride to the Eat Real Festival in Culver City this Saturday, July 16th and Sunday, July 17th. The ride meets at 10:30 am both days at the corner of Western Ave and Wilshire Blvd, and commences promptly at 11. The Festival will take place from 10:30 am to 9 pm both days at the historic Helms Bakery District, 8800 Venice Blvd. A bike valet will be available courtesy of the Bikerowave and the Culver City Bicycle Coalition from 10 am to 6 pm Saturday, and 10 am to 5 pm Sunday.

The Paramount Grand Prix takes place this Sunday, July 17th, with the first race starting at 7:30 am and the last race starting at 3:40 pm; registration takes place at the intersection of S. Broadwick and Paulhan Streets in Rancho Dominguez.

L.A.’s groundbreaking, first-of-its-kind Bicyclist Anti-Harassment Ordinance comes up for a final vote before the full City Council on Wednesday, July 20th, at L.A. City Hall, 200 North Main Street. The session starts at 10 am, item #19 on the agenda. Cyclists are encouraged to attend and show their support.

Later that same day, Wednesday, July 20th, the LACBC Board of Directors will hold their monthly meeting at the Encino Velodrome, 17301 Oxnard Street in Encino, beginning at 6:30 pm. The meeting is open to the public; your opportunity to meet the board members, learn what the LACBC is doing and express your interests and concerns about bicycling throughout Los Angeles County. And yes, I’ll be there.

Also on Wednesday the 20th, Global Green and the Santa Monica Transportation Department are co-hosting a community forum on bringing bike share to Santa Monica. The meeting takes place from 6 pm to 8 pm at the Santa Monica Civic Center, 1855 Main Street.

Flying Pigeon hosts their monthly Get Sum Dim Sum Ride on Sunday, July 17th at 10 am; the ride meets at Flying Pigeon Bike Shop, 3714 North Figueroa Street in Highland Park.

West L.A.’s annual Brentwood Grand Prix will take place on Sunday, August 7th on San Vicente Blvd in Brentwood; races start at 7 am and run through 4 pm.

Tuesday, August 30th, Santa Monica’s Library Alehouse will host a benefit night for Streetsblog LA; 5% of all food and drink purchases will benefit Streetsblog; 2911 Main Street.

Mark your calendar for L.A.’s Ultimate Bike Weekend, as the 2011 L.A. edition of the Tour de Fat comes to town on Saturday, October 8th, followed by the next CicLAvia on Sunday, October 9th, offering an expanded route taking participants another 2.5 miles into Boyle Heights.

Finally, the LACBC’s City of Lights Program will host their 2nd Annual City of Lights Awards/Fundraising Dinner on Thursday, October 27th from 6 to 11 pm at CARECEN HQ, 2845 W 7th Street. Tickets will be available for $45 later this year.

Category: Advocacy & Politics, Bike Events / Tags: , , , , , , ,

Tell AAA to stop fighting 3-foot passing law; final vote on Bike Anti-Harassment Ordinance July 20th

July 14, 2011 / / 10 comments

One of the biggest transportation fallacies is the enduring myth of cyclists versus drivers.

The fact is, despite the irrational hatred some drivers have for us, most cyclists are drivers as well. And many of us — myself included — belong to one of California’s two branches of AAA, by far the state’s largest motorist groups and among the most powerful lobbyist groups in Sacramento.

Yet remarkably, AAA’s kneejerk response is to oppose any proposed legislation that would increase protection for cyclists or pedestrians — let alone protect their driving-only members from needless collisions and the expensive insurance claims and legal matters that follow.

The latest case in point is AAA’s needless opposition to SB910, California’s proposed three-foot passing law.

AAA initially took a stance opposing the measure as it was originally written. Yet even when the key point they objected to — a clause that would allow drivers to pass at less that three feet when they maintain a speed differential of 15 mph or less — was removed, they continued to oppose the bill.

Their current position is that a three foot passing distance is a wonderful idea — but it should be voluntary on the part of drivers, rather than a mandatory minimum standard.

In other words, if they had their way, California drivers would be able to legally pass you at any distance they damn well wanted to. Whether that’s three feet or three inches.

Not only would that gut the proposed legislation, it would significantly weaken the current law requiring motorists to simply pass at a safe distance — which many drivers interpret as anything that does not make actually contact with the cyclist.

That was made clear by the three separate drivers who passed me Tuesday at a distance of about a foot or less, even after I had taken the lane.

Maybe they were in a hurry and couldn’t be bothered to pass safely. Or maybe they were just pissed off to see a cyclist in front of them.

I can’t speak for you, but I’ve had enough.

I’m sick and tired of AAA using my membership money to fight legislation designed to protect my life. And I intend to tell them so.

And I hope you’ll join me.

Just send a letter — evidently, they still haven’t joined to digital age – to:

Thomas V. McKernan
CEO
Automobile Club of Southern California
2601 S. Figueroa Street
Los Angeles, CA 90007-3254

And

Paula F Downey
President
California State Automobile Association
1276 California Blvd
Walnut Creek, CA 94596

You can see a sample letter here. But mine is going to be more direct and far less polite.

Because I’m sick of belonging to an organization that purports to support my interests working to make the roads more dangerous for me. And everyone who shares them with me.

Besides, I’m told there’s a pretty good alternative that also supports bikes.

……..

Mark your calendar.

L.A.’s proposed Bicycle Anti-Harassment Ordinance comes before the full City Council on Wednesday, July 20th, with the session starting at 10 am. It’s vital that as many cyclists as possible attend; if you can’t be there in person, contact your councilmember to voice your support.

Even if you live in another city but ride in Los Angeles, this ordinance will affect you and help protect your safety, so make sure your voice heard, as well.

The LADOT Bike Program is collecting cyclists’ stories of being harassed on L.A. streets; if you’re on Facebook, add your story to show how desperately this new law is needed.

And the idea seems to be spreading, even before this law is adopted, let alone goes into effect.

……..

Speaking of LADOT, Jaime de la Vega’s nomination to head the agency was approved by the City Council Transportation Committee, and will go to the full Council on Friday; he promises more emphasis on public transit, cycling and pedestrians.

Let’s just hope he lives up to his promise.

……..

Michael Byerts forward the following theft alert:

Be on the Lookout!

The individual shown was videotaped stealing a bike from 5750 Wilshire Blvd one week ago.

Description:  Male black, light facial hair, bald.

Last know incident:  July-7-11 the suspected individual made an attempt to steal another bike from the premises.

Modus operandi: Suspected thief uses cell phone as guise, selects higher end bikes, cuts the lock with a knife & steals the bike in broad day light.

Last Seen: Running from the scene of a reported bike theft on Wilshire, South on Curson to 8th Street then west on 8th Street.

Please report any sightings of this individual to security personnel or the authorities. Never attempt to approach a suspect yourself.

……..

Katusha’s Alexander Kolobnev became the first — but probably not the last — rider to fail a drug test during this year’s Tour.

Meanwhile, barbed wire survivor Johnny Hoogerland says it’s actually easier to ride in the Tour de France than rest in his bed. Red Kite Prayer seems to capture what we’ve all been feeling since Hoogerland got up from that horrible crash to finish the stage; it’s definitely worth the click to read the rest.

Hoogerland’s name was barely known to most of us before the Tour started. In my head he was just another Dutch cyclist. Now he’s a hero, not of the Tour or of cycling, but of the human spirit. After all, who walks out on a dream as the whole of the world gasps for you?

……..

Someone doesn’t get it, though.

In yet another case of an ESPN talking head demonstrating a hateful bias against cyclists, ESPN sports personality Michael Smith repeatedly tweeted how funny he found the Tour de France collision that injured Hoogerland and Juan Flecha. After a storm of protest, he first offered a half-hearted apology, followed by a far more meaningful one once he realized his job could be on the line — or more likely, once the company’s lawyers got involved.

This follows other notable cases involving bike-hating ESPN personalities, including Tony Kornheiser and the team of Waddle and Silvy.

The inimitable Bike Snob joins in the hilarity and our own SWRVE offers a brilliant response.

Maybe it’s time to contact Robert Iger, CEO of ESPN parent company Disney, to let him know that violence against cyclists isn’t funny.

And that we’re sick and tired of his employees encouraging it.

……..

The L.A. City Planning Commission meets at 8:30 am Thursday to discuss a proposed bike parking ordinance. Will Campbell offers a timelapse of Sunday’s not-quite-CicLAvia ride, which seems to have gone off beautifully. Todd Munson captures another shot of a needlessly blocked bike lane on Venice Blvd. The Engaged Observer looks at riding with the Ridazz. Speaking of whom, Ridazz and skateboard flash mobs may take over the 405 during Carmageddon; thanks to Rex Reese for the heads-up. Orlando Bloom deals with “big and intimidating” L.A. by riding his bike, just like the rest of us. Discuss a possible Santa Monica bike share program on Wednesday the 20th. Biking and BBQ with Long Beach’s Charlie Gandy. Rosemead Blvd will get a road diet complete with cycle tracks through Temple City. KCRW’s Steve Herbert is participating in the Cliff Bar 2 Mile Challenge. Peloton magazine invites you to celebrate Bastille Day with them in Burbank Thursday evening. Remembering former cycling champ and SoCal coach Mark Whitehead. Cycling is up in Santa Cruz, and so are cycling collisions.

Problem drivers tend to be problem people. The newly renamed Velo News is now just Velo, except online where, in an apparent attempt to confuse their readers, it’s still Velo News. Walmart now offers Dutch Bike Shaped Objects, which they seem to consider toys. Enhanced enforcement can cut distracted driving rates. Tales of bike commutes good and bad. Tucson police are already targeting drivers who ignore turn lanes on an upcoming bike boulevard. Over twice as many NYC women ride in protected bike lanes as on streets with no infrastructure. Long Island has the highest cycling fatality rate in the New York area. Victoria’s Secret and some of their models raised $200,000 for a bike ride to raise money for cancer research. Ten Samaritans lift a pickup off a cyclist who was trapped underneath. Niagara Falls police rule the death of a cyclist an accident after he rides into an open manhole; call me crazy, but wouldn’t the crew that left the cover off have some responsibility? If New Orleans can become bike-friendly with their ancient narrow streets and levees crisscrossing the city, no other city has any excuse. A political scientist offers an intriguing and insightful look at the conflict between tribes of cyclists and motorists, and the failure of rule of law when it comes to traffic.

A London woman survives without serious injury after being dragged under a large truck at a troublesome intersection. A new survey shows 62% of Aussies are willing to bike to work — but don’t because of safety fears. In a horrific case, a group of drunken thugs beat a 9-year old New Zealand girl with her own bicycle.

Finally, a team of 50-something cyclists, including one from Laguna, sets a new RAAM women’s record by traversing the country in six days, 11 hours and 34 minutes — and beats two teams of younger women and six eight-man men’s teams in the process.

Something tells me they aren’t afraid to bike to work. With or without separated bike lanes.

Category: Advocacy & Politics, General / Tags: , , , , , , , ,

Manny Ramirez defense leads to acquittal for Gordon Wray; The Times’ Hector Tobar likes bikes

July 8, 2011 / / 90 comments

Evidently, killing a cyclist because you can’t see is nothing more than an accident.

Just say the sun got in your eyes, and walk away.

That’s what happened today, as Gordon Wray was acquitted on a charge of misdemeanor vehicular manslaughter in the death of Doug Caldwell.

A jury of his peers — though not necessarily the victim’s, since cyclists are usually excluded from bike case juries — took little more than an hour to agree that the prosecution’s case failed to meet the necessary burden of proof.

Never mind that most rational people would agree that the sudden, violent death of another human being should amount to more than just “oops.”

However, Wray’s attorney astutely played the Manny Ramirez defense, claiming the sun was in his client’s eyes at the time of the collision. And rather than pull over until he could see, proceeded to slam into two other people who had the misfortune of sharing the road with him.

At least when Manny used the excuse, he only lost the ball and allowed a few runs to score.

The crux of this case was CVC 22350, which reads:

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Unfortunately, as cyclist and attorney Dj Wheels points out, the problem for the prosecution was determining just what speed was reasonable under the circumstances. They were forced to argue that if Wray was truly blinded by the sun, he should have slowed down to a speed that allowed him to see the two riders, even if that meant coming to a full stop.

The defense countered that Wray understood the risk posed by the sun shining in his eyes, and slowed down to 35 mph in a 50 mph zone as a result.

Except that still wasn’t good enough. And a well-loved man died as a result, while another suffered road rash so severe that he required plastic surgery to repair the damage.

Yet the jury’s reaction was to be expected.

Virtually every driver has found him or herself in that same position at least once. And when they put themselves in Wray’s position, they had to ask what they would have done under the same circumstances.

Which, given the verdict, should serve as a frightening warning to everyone else on the road.

If you want to look on the bright side, it was a victory for cyclists that this trial ever came to court. The case was never strong, and it shows just how seriously authorities took it that charges were ever filed in the first place.

But my heart breaks for Caldwell’s family, who had to watch the man responsible for his death walk away, knowing he’ll never be held accountable in criminal court.

Maybe they’ll have better luck in civil court, where the burden of proof is lower.

Although this acquittal won’t help.

……..

Better news comes from the Orange County Transportation Authority in the form of OCLINK, which they describe as “an innovative and convenient pass that allows riders to hop on trains and buses throughout the county.”

According to their release, the OCLINK pass provides unlimited weekday transfers on a buses and Metrolink trains throughout Orange County for just $7 per person. As a result, OC cyclists can easily hop the bus or train to the riding destination of their choice — even if that happens to be in L.A. or Ventura County — then return home without breaking the bank.

For those of us a little further away, Metrolink is now offering an All-Weekend Pass for just $10 a person, allowing unlimited train rides from 7 pm Friday to midnight Sunday. And anywhere Metrolink travels throughout Orange, L.A., Riverside, Ventura and San Bernardino counties.

Which means you can now take the train to one of those great far-flung riding routes you’ve only heard about, then ride the rails back home without breaking the bank.

The downside is, like the long-despised and recently revoked Metro policy, Metrolink allows only two bikes per passenger car. Although rumor has it they’re considering a prototype bike car that will accommodate up to 20 bikes, making future group tours by bike and train a more viable possibility.

Maybe we should encourage that idea.

……..

LADOT Bike Blog has announced that the city’s long-awaited Bicyclist Anti-Harassment Ordinance is finally ready for final approval, and should come before the full council sometime in the next two weeks.

The groundbreaking ordinance, the first of its kind anywhere in the U.S., would make harassment of a cyclist a civil matter, rather than criminal, allowing riders to take threatening drivers to court themselves. And it contains a provision for legal fees, making it worthwhile for lawyers to take cases that might not otherwise be financially viable for them.

Meanwhile, reader Alejandro Meruelo writes to remind us that L.A. Mayor — and my CicLAvia riding buddy — Antonio Villaraigosa has asked for suggestions on how to make L.A. more bike-friendly.

Meruelo suggests using the Ask the Mayor website to encourage hizzoner to inform law enforcement officers that CVC 21202 allows cyclists full use of the lane under many, if not most, circumstances. While every LAPD officer should be well versed on the subject thanks to the department’s bike training video, it wouldn’t hurt to have a little official support from the mayor’s office. And it could carry a lot of weight with other law enforcement agencies that aren’t nearly as enlightened.

……..

The Times’ Hector Tobar talks with some of L.A.’s Ridazz, and decides that the city needs an attitude adjustment regarding bicyclists — concluding that we’re not only a part of the community, but have as much right to the roadway as anyone else.

And yes, that chill you felt was hell freezing over, as the Times has officially crossed over to our side.

Mostly.

Contrast that with this absurdly biased anti-bike lane piece from New York’s WCBS, which argues that city streets should accommodate the 90% in cars and buses, rather than making space for the 10% who ride bikes — even if those bike riders make more room for everyone else. And suggests the danger posed by theoretical bomb-laden bicyclists, who might conceivably use the new lanes to roll up in front of the Israeli consulate.

Because terrorists evidently aren’t brave enough to take the lane in New York traffic.

……..

Bike friendly ad agency Colle+McVoy — the people behind my all-time favorite bike-to-work ad (scroll to the bottom) — has created a Facebook app to let the world know you’re out on your bike. Just download the app, and it will replace your profile photo with the Out Biking image when you ride.

Although I’m not sure I want my clients — or my wife — to know I’m out riding when I should be working.

……..

Finally, thanks to George Wolfberg for forwarding this photo from Jonathon Weiss, showing the new bike-friendly ads on the back of Santa Monica’s Big Blue Buses. I was pleasantly surprised to see that one myself the other day, but was a little too busy trying to survive the obstacles blocking the Ocean Ave bike lanes to grab a photo myself.

Evidently, Santa Monica drivers assume that if we can use their lanes, they can use ours.

Category: Advocacy & Politics, Bikes & the Law, General, Legal Cases / Tags: , , , , , , , , , , ,

CCPD asks Culver City witnesses to come forward; LA bike community to hold major press event Thursday

June 29, 2011 / / 4 comments

Culver City police are asking for anyone who may have witnessed the collision earlier this month in which an alleged drunk, speeding and distracted driver collided with a group of late night riders on Jefferson Blvd.

Anyone with information is urged to come in to police headquarters to review a photo reconstruction of the event. If you were there, or know people who were, contact CCPD Officers Davis or Newman at 310-253-6254. Thanks to Jim Shanman of the Culver City Bicycle Coalition for the heads-up.

And clear your schedule for tomorrow morning, when a wide spectrum of the Los Angeles cycling community representing cyclists of all types — myself included — will come together for a press event to protest the botched LAPD investigation and biased press coverage of this case, and make a public call for safer streets and fair investigation into all cycling incidents.

……..

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Car vs Bike, Injuries and Fatalities / Tags: , , ,

Valencia sentenced, BOLO for killer car, arrest in Angeles Crest road rage and 3 feet 2 pass passes

June 28, 2011 / / 9 comments

Lots of news to catch up on while I take a break from work.

……..

First up, Marco Antonio Valencia has finally been sentenced in the drunken and high hit-and-run death of Joseph Novotny over two years ago. Valencia had an estimated BAC of .23— nearly three times the legal limit — as well as methamphetamine, cocaine and marijuana in his system at the time of the 11 am collision.

The now 22-year old driver will spend the next 26 years to life in state prison.

Unlike some other notable cases, there’s no satisfaction or sense of victory in this case. At least, not for me.

Just an overwhelming sense of sadness that two lives ended that day — Novotny and the man who killed him — because we as a society couldn’t manage to keep a repeat, underage drunk driver off the roads.

And fear of how many more Valencia’s there are out there just waiting to happen.

……..

Next up, there’s BOLO alert in the hit-and-run death of Alex Romero on the Valley’s Canoga Park Blvd last April.

Authorities have identified the car used to flee the scene after killing Romero in a high-speed collision, and traced it first to Palmdale, then San Pedro before losing track of it. As a result, you’re urged to be on the lookout for the following vehicle —

SUSPECT VEHICLE:

2003 TOYOTA COROLLA 4 DOOR, LIGHT GRY OR SILVER

LIC PLATE: 5FCA061

(REGISTERED TO ADDRESS IN PORTER RANCH)

MISSING RIGHT SIDE MIRROR & FRONT EMBLEM, DAMAGE TO RIGHT PORTION OF WINDSHIELD, AND POSSIBLE FRONT GRILL DAMAGE

Anyone with information about the crime is asked to call Valley Traffic Detective Krajchir, at (818) 644-8034. During non-business hours or on weekends, calls should be directed to 1-877-LAPD-24-7. Anyone wishing to remain anonymous should call Crime Stoppers at 1-800-222-TIPS (800-222-8477). Tipsters may also contact Crime Stoppers by texting the word “TIPLA” and the message to phone number 274637 (C-R-I-M-E-S on most keypads) with a cell phone. Tipsters may also go to www.lacrimestoppers.org, click on “Submit a Tip” and follow the prompts.

……..

An arrest has been made in the case discussed here recently in which a driver was accused of threatening cyclists on Angeles Crest Highway.

According to the Arcadia Patch, Earl Clyde Cox of La Crescenta threatened two separate groups of cyclists along the highway in a road rage incident.

Frighteningly, he reportedly told deputies that the riders weren’t being considerate, so he appointed himself as a driveway vigilante fashion and set out to teach them some manners.

I have a feeling he’s going to learn some the hard way himself.

……..

There’s good news from Sacramento for a change, as the proposed three-foot passing law passed the state Assembly’s Transportation Committee.

According to the California Bicycle Coalition, the measure passed on an 8 to 5 vote after an hour of impassioned testimony, including support from Bakersfield Senator Michael Rubio, who spoke as a private citizen and cyclist.

Not surprisingly, the AAA — both NorCal and SoCal editions — came out strongly against the bill, suggesting that it be made optional for drivers. So basically, they think their members should have the right to buzz you if the mood strikes.

Meanwhile, a lobbyist for the Teamsters insisted on their members’ right to continue killing cyclists by passing too closely.

Now the bill moves on to the full Assembly, which means it’s time to flood your own representative with letters of support for SB 910.

Let’s end with this quote from CBC Executive Director Dave Snyder —

“…Yesterday’s hearing offered a sobering reminder of how far California still has to go to ensure that everyone who uses the roads can do so safely. It’s disturbing to see AAA and the Teamsters try to defeat a measure that would give drivers – those with the greatest potential to harm others on the road – clear guidance on how to share the road more safely. Drivers who ride bicycles or know someone who does should be deeply concerned about how they’re being represented before lawmakers in Sacramento.”

On second thought, let’s end on this from Cyclelicious, as he urges you to support another bill, SB 582, that could begin to level the playing field for those who prefer to commute via something other than four wheels.

Like a bicycle, for instance.

……..

There’s been a non-development in Dr. Christopher Thompson’s appeal of his conviction in the Mandeville Canyon Brake Check, in which the Good Doctor tested his stopping power by slamming on the brakes in front of two riders, seriously injuring both.

According to cyclist/attorney Dj Wheels, the oral arguments scheduled for Wednesday have been cancelled after Thompson’s attorney declined to argue his case.

Evidently, that’s not unusual. And since the appellant chose not to appear, the attorney for the People of California chose not to appear, as well. After all, there’s no point in responding when there’s no one to respond to.

So what’s next?

Brace yourself. According to Wheels,

In the normal course, the case will be “submitted” tomorrow (Wednesday), without oral argument, and the court will have 90 days from that date to file its opinion.  If the conviction is affirmed, appellant will have the opportunity to seek rehearing, if he can identify a very specific error in facts in the Court of Appeal.  He can also, and universally will, file a petition for review in the California Supreme Court, identifying specific issues under specific conditions that would justify a  grant of review in the Cal. Supreme court.  He may also collaterally attack the conviction in the California courts by means of a writ of habeas corpus.  For those federal claims that have been exhausted in state court, he may then file a petition for writ of habeas corpus in the federal district court, which could lead to the 9th Circuit Court of Appeals and the US Supreme Court.

In other words, we’ve got a long damn row to hoe before the case involving this particular repellant appellant is finally settled.

……..

Jury selection is scheduled for Wednesday in the case of Gordon Catlett Wray, the driver accused of killing local scientist and cyclist Doug Caldwell and injuring fellow rider Scott Evans; opening arguments will follow either Wednesday afternoon or Thursday morning, depending on what time jury selection concludes. The trial will take place at the San Fernando Courthouse, 900 Third Street in the city of San Fernando, case #0SR05313. Cyclists are urged to attend to show their support for the victims.

Update: I’ve just been informed that the charge against Wray is misdemeanor vehicular homicide; as always, that could be reduced if there’s a settlement.

Thanks to John Stesney for the reminder.

……..

Outrage from cyclists has had an effect in Mississippi, as a local DA has agreed to reopen the investigation into the hit-and-run driver who ran over a cyclist, got out of her car to look at her, then got back in and ran over her again. The victim was victimized yet again when authorities concluded that her actions weren’t prohibited under Mississippi and there was nothing they could charge her with.

Hopefully, a more thorough scouring of state laws will turn up something this time.

Personally, I vote for attempted murder. Or at the very least, a couple counts of assault with a deadly weapon.

……..

Finally, thanks to George Wolfberg, and Tim Rutt of Altadenablog, for forwarding the New York Times report on noseless saddles designed to help put a little less pressure on the groins of male riders, and help them get a little more wood out of the saddle.

Not that you have a problem with that, of course.

Category: Advocacy & Politics, Bikes & the Law, Legal Cases / Tags: , , , , , , , , , , , , , ,

An open letter in support of SB 910, California’s proposed three-foot passing law

June 20, 2011 / / 16 comments

As you may be aware, the California Senate recently passed the state’s proposed three-foot passing law. Now it’s under consideration in the state Assembly’s Transportation Committee, with a deadline of 5 pm Tuesday to offer your comments.

I have strongly supported three-foot passing laws throughout my riding career. As I’ve pointed out before, I consider it a much-needed improvement over the current vague standard in place in California and most other states.

As a result, I’ve written the following letter to Assemblymember Bonnie Lowenthal, Chair of the Transportation Committee, to express my support and urge the removal of a clause that would allow passing at less three when travelling at a speed differential of less than 15 mph. This clause undermines the purpose of the bill, and would increase driver confusion and the risk to riders, rather than decreasing it as the law intends.

If you haven’t already, I urge you to write Lowenthal to express your support; it also can’t hurt to send a copy your own Assemblymember and the bill’s author, Sen. Alan Lowenthal, while you’re at it.

You can find a sample letter and more instructions here.

……..

Hon. Bonnie Lowenthal
Chair, Assembly Transportation Committee
State Capital, Room 112
Sacramento, CA 95814
Assemblymember.Lowenthal@assembly.ca.gov

Dear Assemblymember Lowenthal,

I’m writing to express my support for Senate Bill 910 and to urge the committee to approve the bill on June 27, with one vital amendment.

As a serious bicyclist and California resident, I have ridden a bike on the streets and highways of this state for over 20 years. During that time, I have experienced a number of close calls that have threatened my life and safety due to drivers passing too closely.

I have had drivers pass so close that their mirrors have brushed against my arm, and had passengers reach out to touch me or dump liquids on me. I have been crowded off various roadways, both accidently and intentionally, and nearly collided with parked vehicles as a result, as well as being blown out of my lane by the slipstream from passing trucks and buses. In fact, I can count on being passed at a dangerously close distance at least once or twice virtually every time I ride. I can only credit luck and my own skill as a cyclist for having avoided serious injuries as a result.

On more than one occasion, I have managed to confront drivers who have passed me at such a dangerously close distance; almost invariably, the drivers were convinced that they observed a safe passing distance, demonstrated by the fact that they didn’t actually make contact with me.

The current standard for safe passing is both unclear and confusing, providing no objective measurement to tell drivers what is a safe passing distance. This law clarifies that, providing a clear standard that anyone can understand. Its passage is vital to protect the safety of cyclists, reduce needless confrontations between cyclists and motorists, and encourage more people to choose bikes as a safe form of alternative transportation.

However, I must request that the current bill be amended to remove the provision allowing passage at less than three feet with a speed differential of 15 mph or less. This provision creates a confusing, unmeasurable standard that benefits no one while undermining the key provision of this bill. As a result, it serves to increase the risk to cyclists rather than decreasing it, and is almost universally opposed by every cyclist I have discussed it with. As an alternative, briefly allowing drivers to cross the center or lane line to pass a bicyclist maintains the spirit of the law, while permitting safe passing under most circumstances.

I urge you to pass this important bill, with the above amendment,  to help make our streets safer for everyone.

Sincerely,

Ted Rogers
www.bikinginla.com
@bikinginla (Twitter)

CC: Senator Alan Lowenthal, Assemblymember Mike Feuer

Category: Advocacy & Politics, Bicycle Safety / Tags: , , , , , ,
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