LAPD - "Who Teaches the Teachers?"

(LAPD Officers ride the Hollywood/Vine crosswalk until they defer to the primacy of the motor vehicle and ride out into the oncoming traffic)

A couple of months ago, I was observing the LAPD's Valley Traffic Division as they conducted a pedestrian crosswalk sting on Reseda Boulevard. It was an amazing sight to watch. A police officer in street clothes, the "decoy," would step out into the crosswalk and begin to cross the street. Motorcycle officers stood lined up on the side streets, at the ready to ride into the relentless traffic to cite the motorists who failed to yield the crosswalk to the pedestrian. It was like watching cowboys herd cattle with the traffic cops pulling over as many as four motorists at a time and lining them up curbside for their tickets. It was an amazing sight to witness.

At midday, when the sting operation shutdown for lunch, I saw Officer "K" writing tickets for three male cyclists. My curiosity was piqued. After all, this was a crosswalk sting. The LAPD was there to cite motorists who failed to yield to pedestrians. I watched.

The cyclists were riding inexpensive bikes on the sidewalk when they were stopped and they were dressed as if on their way to or from some form of manual labor. They might be referred to as workforce cyclists. They were silent throughout the ticketing process. They avoided eye contact, they took their tickets and they silently rode north on Reseda.

I asked Officer "K" what the cyclists had done to warrant the citations.

He explained that they had crossed the intersection in the crosswalk against the flashing hand.

I commented that the law prohibiting crossing against the flashing hand applied to pedestrians and that the 3 men were clearly cyclists, not pedestrians.

That was when Officer "K" smiled and said "That's why I wrote them up for crossing against the solid circular red!"

I pointed out that the light couldn't have been red because the crosswalk still had the flashing hand.

He said he had to write it that way because there was no California Vehicle Code (CVC) to rely on to enforce that ban against riding in the crosswalk.

I countered by pointing out that it's not illegal to ride a bike in the crosswalk and that was why there was no CVC prohibiting it.

He stiffened up a bit here and responded that it was up to a Judge to decide and that even if the ticket got thrown out by the Judge, the process was a learning experience.

I closed my mouth and held my tongue but from my perspective, the process had become the punishment, not the lesson.

I'm not sure when the LAPD mandate went from enforcing the law to teaching the law but it leaves me wondering "Who Teaches the Teachers?"

The City Council asked the same question last month when an incident between the operator of a Hummer and several cyclists sparked the cycling community to ride en masse to the Police Commission and the Inspector General claiming bias based policing.

Cyclists involved in the Hummer vs. Cyclists incident claimed the Hummer driver hit a cyclist and then left the scene, driving over three more bikes in the process and dragging one of them up the street. The LAPD responded, caught the Hummer driver, interviewed those at the scene and then allowed the driver of the unlicensed Hummer to drive away from the incident.

The cyclist community was so enraged by this incident that they scheduled a "Storm the Bastille" ride on May 1st and asked the City Council to join them in fighting for even handed and equitable enforcement of the law. The City Council responded to the complaints of the May 1st "Storm the Bastille" cyclists with the following motion (09-1035):

MOTION Numerous incidents have been reported relative to bicycle and vehicle collisions and aggressive motorists attitudes to law-abiding people riding bicycles. Complaints have also been raised regarding the treatment of bicyclists by the Los Angeles Police Department. It is critical that the City respond to these situations and respond appropriately.

I THEREFORE MOVE that the City Council direct the Los Angeles Police Department to report on recent bicycle incidents and conflicts between bicyclists and motorists, as well as efforts to increase police officer training related to bicycling activities and applicable regulations and laws.

The motion was made by Councilwoman Janice Hahn and Councilman Bill Rosendahl, seconded by Councilmembers Ed Reyes, Tom LaBonge, Eric Garcetti and Wendy Greuel.

Unfortunately, the motion directing the LAPD didn't elicit the response the cyclists sought.

LAPD Deputy Chief Kirk Albanese reported to the City Council two weeks later but he failed to address "police training related to bicycling activities and laws," instead regaling the council with his version of the Hummer vs. Cyclists incident. He relied on his memory for the report, having neglected to bring the actual file (a compilation of three reports, initially logged as two reports and finally released as single report with a single report number) and I would contend that he made a few mistakes along the way including referring to the cyclists of Los Angeles as "these people."

Albanese reported that the cyclist hit the Hummer, a statement that is contradicted by reality. The cyclist was hit from behind, the damage was to the rear of the bike and he was thrown forward. Tough to do unless the LAPD is going to claim that the cyclist also broke the laws of physics. Albanese continued by claiming that the statements of all witnesses were taken, again contradicted by reality. I forwarded the contact info of another witness to the incident to the LAPD, one who was not on the ride or in the Hummer but who lived in the area. He had identified himself to the Officers at the scene but was told, "We already know what happened." Albanese then referred to the investigating division as both Central Traffic and South Traffic. A small mistake, but nonetheless, a mistake.

Through it all, the Deputy Chief of the LAPD demonstrated some serious skills. He was initially directed to report on LAPD training but he artfully dodged that instruction and shifted the discussion to an incident but denied the City Council the opportunity to actually review the report which left him free to present his version of the incident unchallenged.

The LADOT Bikeways Coordinator sat next to him and followed suit, turning the conversation into an off-topic discussion of bicycle safety and responsibility training for cyclists as well as the updates of the City's Bicycle Plan and the LADOT website.

The LAPD and the LADOT made no pretense of addressing training for the LAPD on bicycling regulations and laws and that is a complete failure, not only to respond to a City Council directive, but to the community as a whole.

The need to address training for the LAPD on bicycling regulations and laws was made clear this past week.

On Monday, June 1, 2009 at approximately noon, a woman rode her bicycle on the sidewalk of Louise Avenue in the valley. As she approached the intersection of Valerio she rode into the intersection on an unmarked crosswalk. At the same time a large truck approached the intersection on Valerio and proceeded to turn right onto Louise. The cyclist and the truck collided, she fell to the ground and the truck crushed her head as she lay on the street.

The operator of the truck, which was equipped with a crane and was hauling DWP power poles, was unaware of the incident until he was notified via walkie talkie by his "pilot" in the escort vehicle that was behind the truck.

This incident is tragic, a life was lost. In addition, the lives of those involved will forever be scarred by the horrific nature of the scene. The fact that the vehicle was moving through a quiet residential neighborhood is also a concern as is the fact that the truck was operated by an LADWP contractor.

But especially disturbing is the resulting confusion during the investigation of the incident and the confusion over "the rules of the road."

Councilman Smith's office responded to the incident the next day and explained, via email, that "the bicyclist was reportedly riding on the wrong side of the roadway and traveling against the traffic flow; making her the initial "primary cause" of this tragedy." The email went on to detail the law enforcement experience of Councilman Smith, Chief of Staff Mitch Englander and Public Safety Deputy Jim Dellinger.

The LAPD's Public Information Officer confirmed the report that the LAPD considered the cyclist the "primary cause" of the incident because she was riding a bike in a crosswalk which is a violation of CVC 21200 which requires a cyclist to obey the rules of the road. The PIO explained that a cyclist must either dismount at crosswalks or ride on the right side of the road with traffic.

I asked if he had ever ridden the Orange Line Bike Path or the Chandler Bike Path or any of the City's bikeways facilities that actually direct cyclists into the crosswalk at intersections. The PIO paused and then suggested that I speak to the investigating officer.

I called the LAPD's Specialize Collision Investigation Detail (SCID) and spoke to the investigating officer assigned to this case who also explained that cyclists must obey the rules of the road which prohibit riding a bike in the crosswalk. I asked for the actual vehicle code or municipal code that prohibits cyclists from riding in the crosswalk and he simply referred to CVC 21200 and repeated the claim that cyclists must dismount before using a crosswalk.

The cyclist who lost her life at the intersection of Louise and Valerio is not here to explain what happened. She is not here to defend her actions and in a way it doesn't matter because, regardless of who is determined at fault, she is still dead.

But...I believe we have an obligation to be accurate in applying the law to this incident and it is either illegal for a cyclist to ride a bike in a crosswalk or it's not. That is a simple issue that can be settled quickly and if the LAPD's appraisal of this incident is based on that ruling then it is very important that we are accurate in applying the law.

I contend that it is not illegal to ride a bike in the crosswalk. It might not wise, it might not be advisable, but it is definitely not illegal. cyclists are not required to dismount at intersections or at crosswalks.

The fact that there is confusion over such a simple issue demonstrates the real need for specific training for the LAPD on bicycling activities and applicable regulations and laws.

On May 1, 2009 the City Council called on the LAPD to report on police officer training related to bicycling activities and applicable regulations and laws.

This tragic incident and the resulting confusion demonstrate the need for the LAPD to review and report on their departmental training of the rules and regulations that govern safe and effective cycling in the City of Los Angeles.

p.s. Attached is a 2006 City Council resolution addressing cyclists in the crosswalks.

"Storm the Bastille" - May Day

"Storm the Bastille" cyclists rode to City Hall to call on the City Council for support and after an hour and a half of public testimony, the City Council responded with a Motion directing the LAPD to investigate and address police officer training.

The issue that prompted the cyclists to ride was the recent Hummer vs. Cyclists incident when a Hummer driver hit a cyclist, left the scene and then ran over the bikes of the cyclists who were trying to get his license information.

The week prior, Jesus Castillo was killed by a hit and run driver who was caught within hours, found to be driving on a suspended license, yet was out on bail before the Ghost Bike for Jesus was even placed on the street.

Many of the cyclists who spoke referred to these incidents as part of a larger gestalt of contempt for cyclists. They called on the City Council to address behavior that ranges from motorists who endanger the lives of cyclists to police officers who harass cyclists.

The most significant charge was that the LAPD is actually endangering the lives of cyclists by using their cars recklessly to herd cyclists on group rides, aggressive acts that are ineffective and dangerous.

Councilman Smith interrupted today's meeting after the first speaker to advise the Council that this was an inappropriate venue for a complaint of LAPD behavior and to advise the cyclists to take it to the Police Commission. The cyclists responded "We've already been there this past Tuesday!" The City Attorney allowed that the City Council was the right place for the testimony.

The Hummer victims testified and called on the Council to explain how the Motorist could be allowed to drive away after hitting a cyclist, leaving the scene and then running over three more bikes.

Roadblock called on the City Council to address the LAPD;s aggressive behavior, and cyclist after cyclist gave their personal experiences and stories, all concluding by asking the City Council to step up and support cyclists as transportation solutions, not problems.

Alex Thompson cut to the chase and addressed the LAPD's treatment of cyclists and the City Council's failure to support cyclists by following through on the motions and resolutions that go nowhere.

Enci spoke of her origins in Eastern Europe and the fact that when she made it to America, she experienced freedom and equality like never before, until she climbed on a bike and then became a 2nd class citizen.

I called on the City Council to examine their record. The Reyes motion of 2006 addressing the rights of cyclists when hit by a car was approved unanimously and then simply faded into oblivion. The motion setting aside $400K for a Bike Map was approved unanimously and then the money disappeared but yet no map. The motion setting aside $450K for the bicycle Master Plan was approved unanimously and it was due in 2008. No Plan, no word, no respect.

We took the Cyclists' Bill of Rights to the City Council and they endorsed it, advising the departments of the City of Los Angeles to report on how to incorporate it "into the City of Los Angeles Bicycle Master Plan and other relevant documents and practices." No reports, no action, nothing has happened.

"What's it gonna take for the City Council of the largest City in the most Populated State in the most powerful Country in the world to make safety on the streets a priority?"

Councilman Bill Rosendahl and Councilwoman Janice Hahn responded with a motion directing the LAPD to report back to the City Council and to address the complaints and the conflicts and the issue of police officer training on bicycling activities and laws.

Rosendahl, Hahn, Reyes, Greuel all responded to the public testimony of the cyclists and committed to addressing the issues and to supporting the Cyclists' Bill of Rights. Cardenas wrapped by suggesting that the cyclists go to the police Commission, earning a thundering "Been there!" from the room.

It should have ended there but Councilman Tom LaBonge stepped up and puffed out his chest and said "Take me to your leader!"

He went outside to the front steps of the Van Nuys City Hall and gave a meandering pontification that veered from "Yes, we can't!" explanations of how hard progress really is to an explanation of Equestrian licenses to a lecture on responsibility and the downside of group rides. He tossed in his interpretation of the 3 E's, forgetting that there are really 6 E's. He left out Evaluation, Encouragement and EQUALITY. All this from a guy who still doesn't have bike racks at this field offices.

At the end of the day, it remains to be seen whether this "Storm the Bastille" ride will have any impact.

For the cyclists it was a great day, a great ride and a great opportunity to forge a stronger community of cyclists. After a celebration lunch at Joe Peep's Pizza, some went off to play bike polo, some went back to work, and others headed of to DTLA's May Day activities.

"See you on the Streets!"

LADOT Bikeways "Under New Management"

On Tuesday, February 3, 2009, "Storm the Bastille" will celebrate its 2nd anniversary of bike rides to the City's Bicycle Advisory Committee, all the while banging the drum and fighting for an open and inclusive process for bike advocacy and fighting for the reorganization of the long dormant and ineffective BAC.

It was a long and arduous journey but along the way the City Council responded to the clamor. The Transportation Committee and the Planning and Land Use Committee intervened, resulting in an action that reorganized the BAC and directed departments from Planning to Rec & Parks to Public Works to the City Attorney's office to assign and direct staff to support the efforts of the "new" BAC.

Along the way, Paul Meshkin was named as the new head of the LADOT Bikeways Engineering Group. Paul is returning to Bikeway's and to this position and we are optimistic that the City Council directed reorganization and his leadership will result in a successful LABAC.

Attached is a copy of a letter I submitted to Paul this week.

*************************************************************************

Paul,

Congratulations on your tour of duty as the head of the LADOT Bikeways Engineering Group. I hope you are successful in revitalizing the department and I look forward to working with you.

As for the opportunity ahead:

1) The City of Los Angeles has an early notification system in place so that members of the community can simply sign up and then receive an email with the agendas of the City Council, the Council Committees, the Commissions etc. I realize that the LA Bicycle Advisory Committee has a long tradition of using the US Postal Service in order to deliver little packets of printed matter including agendas and clippings but those days are so long gone. We have a new president, he twitters and the time has come for the City of Los Angeles and the BAC to join the revolution.

Please, take advantage of the technology and let's start communicating effectively and let's truly engage the public in the business of the Los Angeles Bicycle Advisory Committee.

2) The City of Los Angeles has property throughout the City. There is no reason to continue to use the cold and inhospitable Parker Center auditorium unless your real objective is to alienate the public in an environment that is best suited for catching pneumonia. The simple standard for a meeting place is that it is accessible on foot, by bike and by mass transit. There are many facilities that fit the bill and we have had the conversation before. If the location choice is made based on what suits the staff of the LADOT best, then you are simply demonstrating that the BAC belongs to the LADOT and not the people of Los Angeles, a charge that has been leveled in the past.

Please, pick a new location for the LABAC meetings. While you're at it, get the committee meetings out of the LADOT offices and hold them in the evenings when the public might actually attend them. Put the public first and watch the BAC actually become an effective advisory body.

3) The City of Los Angeles has a Bikeways department but the LABAC seems confused as to where bikeways facilities come from and how they appear. Perhaps now would be a good time for the Bikeways department to clarify its role, its function, its responsibilities in the grand scheme of things. Many on the BAC are surprised to discover that the Bicycle Plan is a Planning document, part of the Transportation Element, a part of the General Plan. hence the need to keep Planning involved in the BAC business or visa versa.

Please, clarify once and for all the many departments who have a piece of the streets and let the BAC know who does what and how it all works, or in many cases, doesn't work.

4) The City of Los Angeles is a big place with 6500 miles of streets. It would be great to have an idea of where we stand with regards to bikeways amenities and infrastructure. Especially since we are the advocates who are urging our elected officials, from local to federal, to support our communities in the development of robust transportation projects that truly revitalize and stimulate our communities. Yet we don't even know where we stand with regards to bikeways status, let alone performance and goals.

Please, give us an inventory of the City's bikeways assets and a report on the progress that was made last year along with the goals of this upcoming year. It would seem that this would be the most basic of information, especially if we are to work together to change the world. "Where are we, what's going on and where are we going?"

5) The City of Los Angeles has almost 90 Neighborhood Councils, all of whom are filled with volunteers who operate under that same basic Brown Act, Conflict of Interest, Ethics standards as our City Council and Commissions. Somehow the NC's are able to function with some degree of success under these rules and regulations while the LABAC seems to flounder. The last meeting had the Brown Act getting abused while the Committee argued over how to make a motion.

Please, bring in the City Attorney as the City Council has recommended, train the BAC in the Brown Act and then get serious about putting the debate over process to rest and let's get busy changing the world.

6) The City of Los Angeles, in its infinite wisdom, created the Bicycle Advisory Committee in 1973. Along the way, a Charter was adopted and it refers to an expectation that BAC members "regularly communicate in writing with their respective council member and staff as well as the Mayor's Office and staff." Copies of this correspondence was to be forwarded to the Bikeways Section of the LADOT.

Please, make the BAC member reports for 2008 available as soon as possible. This goes a long way to determining where we are so that we can agree on where we want to go. In light of the upcoming agendized elections, it would seem that this small performance standard would also be of relevance as we evaluate candidates for Chair and Vice-Chair.

7) The BAC is an advisory body yet the bulk of the committee's activity seems to be listening to reports. The cycling community is regularly directed to the BAC by departments including the LAPD, the City Council, the Planning Department and the City Attorney when issues related to cycling in the city come up. To that end, it is imperative that the BAC get in the business of representing and of offering advice to the City of Los Angeles. In order to accomplish that, topics must come before the BAC before they are history. Everything from the Bicycle Plan workshops to the reorganization of the BAC seemed to take the BAC by surprise this past year.

Please, put the agenda in the hands of the committee so that the public can get items on the agenda in a timely fashion. Whatever the process is, it must be open and transparent and it must be clearly articulated. The agenda is not a secret document developed behind closed doors. Items on the agenda must be for discussion and for action if the BAC is to truly become effective.

8) The City of Los Angeles is in the midst of updating the Bicycle Plan, a process that was to include two workshops that seemed to have fallen off the landscape. In fact, the entire plan seems to have disappeared off the radar. The civic engagement element is one of the most important elements of the process and the cycling community has been quite vocal about the poor outreach in the first four workshops. Under "NEW!" the LA bike plan website offers a summary of public input from April of '08. That's not really news and it's not really new.

Please, communicate loudly and clearly the status of the Bicycle Plan and ensure that the outreach to the public will be more effective and inclusive than the first four sessions and the second two sessions that disappeared.

9) Streets are currently being resurfaced and striped. Western, Hollywood, Vermont, Edgemont are just some of those in Hollywood that have recently received a facelift. We're told that this is the best time for bikeways striping and yet...no bikeways improvements. Are the different departments talking to each other? Are the plans for bikeways improvements on hold? Are the priorities for the different departments our of sync? What happened to the promise of Sharrows?

Please, reveal the immediate plans for the Sharrows in Hollywood and let's work together to make them happen.

The upcoming "Storm the Bastille" ride on Tuesday, February 3, 2009 will be our two year anniversary! We've been riding to the LABAC meetings and banging the drum, all the while hoping that the BAC would become an open and inclusive and effective body, committed to supporting cyclists and improving the quality of life in Los Angeles.

I look forward to working with you to make this happen.


Stephen Box
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Riding a Bike Improves Intelligence

People ride bikes for many reasons. Some ride recreationally, some socially, some for exercise and some as a transportation and environmental solution.

Through it all, the average cyclist is usually able to explain to their non-cycling friends why riding a bike in the city is an appealing, liberating, rewarding and positive experience.

Missing from these conversations is an over-looked benefit to riding a bike in the city and that is simply the elevation of intelligence that occurs as a cyclist starts getting in some serious mileage.

Witness the "Bike the Vote" event this past Saturday when a motley crew of cyclists gathered at the Eco-Village for a bike ride to Marsh Park in Elysian Valley. A simple ride turned into a conversation with City Council President Eric Garcetti on the significant ramifications of an Obama for President vote and ranged from transportation to health care to Iraq to the power of the people to speak up and to make national politics personal and to have meaningful input on the outcome. "Hey, cyclists, it's time to change the world!"

Witness the "Storm the Bastille" ride this evening when cyclists will gather for a ride to the Boardroom of the DWP where they will challenge the Mayor's reps and the City Council reps who gather for the Bicycle Advisory Committee to truly represent the cycling community. "Storm the Bastille" rides take place throughout the County and cyclists have Stormed the Pasadena City Council, the Beverly Hills City Council, the Santa Monica City Council and with great regularity, Los Angeles at many levels, always discussing with great eloquence the issues of the community.

These simple rides bear wintess to the fact that in taking a ride the average cyclist usually ends up discussing law ("Hey! CVC Section 21 restricts a local authority from enacting or enforcing any ordinance unless expressly authorized in the CVC. You can't restrict cycling on this street!") politics ("Well, Obama has actually uttered the word "Bicycle" in public. Let's look at his record on the Environment.") physics ("Actually, torque is measured in pound-feet, not feet-pound which is the unit of measure for energy/work.") math ("Is Alex really a professor? Maybe he can help me decide between a 39/14 and a 53/19.") economics ("Actually, street calming measures that benefit cyclists also benefit local merchants as demonstrated in the Valencia Street improvements in SF.")

Ultimately, in going for a ride, cyclists connect. They connect to the street, the community, the environment and with each other. Through it all, cyclists develop an acute sensitivity to their surroundings, borne out of pure survival instincts and that sensitivity inevitably leads to the Battle Cry, "Hey, I've got rights!"

That's right, cyclist have rights. We have the right to ride these mean streets and we have the right to ride safely and with the support and respect of our community, our leadership and our law enforcement.
This is the Year of the Cyclist and this is the year that we claim and proclaim the Bicyclist Bill of Rights!