CityWatchLA - Rosendahl: “The Culture of the Car Ends Now!”

CityWatch, Jan 29, 2010
Vol 8 Issue 8

Declaring "The culture of the car ends now!" City Councilman Bill Rosendahl invoked the Cyclists' Bill of Rights and took a giant leap at pursuing a city ordinance that would prohibit the harassment of cyclists. He drew applause from council chambers as he articulated several examples of the behavior that he wants to forbid on the streets of Los Angeles.

1. Knowingly throwing a projectile or discharge at or in the direction of any person riding a bicycle;
2. Threatening any person riding a bicycle verbally or by use of his/her vehicle for the purpose of injuring, frightening or disturbing the person riding the bicycle;
3. Knowingly placing his/her vehicle within 3’ of a bicyclist while passing or following;
4. Making physical contact with a bicyclist from a moving vehicle or the roadway either by physical person or use of an implement;
5. Knowingly placing a person riding a bicycle in concern of immediate physical injury;
6. Knowingly engaging in conduct that creates a risk of physical injury or death to the person riding a bicycle.

As cyclists offered testimony of their experience riding the streets of Los Angeles, they were echoed in their concerns by members of the City Council who agreed that the City needs to do more to support the cycling community.

Councilman Ed Reyes recounted his experience as a child getting hit by a motorist as he rode his bike.

Councilman Rosendahl reminded the council of the Mandeville Canyon Road-Rage incident that brought the issue of harassment of cyclists to the forefront.

Councilman Paul Koretz stood in support and declared "We need to send a clear message."

Rosendahl brought it home saying “We’re going to give cyclists the support they should have been getting.”

It seems simple, after all, who can stand in favor of harassment of any kind, but the devil is in the details.

The proposed "anti-harassment" motion, which simply directs the generation of reports on the development of an ordinance has made it through the Transportation Committee but hit a speed hump at the Public Safety Committee which recommended further study. The City Council voted to essentially direct the City Attorney and the LADOT to continue with the generation of reports.

As cyclists recounted their experiences turning to the LAPD for assistance when they experienced road-rage, aggression from motorists, threats, assaults and even hit-and-run collisions, Rosendahl responded by saying "The LAPD hasn't been part of the solution, but sometimes has been part of the problem." The LAPD had no response, they weren't there. Somehow the LAPD and the District Attorney were left out of the process, leaving the LADOT as the lead and the City Attorney deferring in the development of an anti-harassment ordinance that requires enforcement and prosecution support. Some might even suggest that it requires support from Sacramento.

The real value of this ordinance lies not in its chances of becoming law but in the fact that the harassment of cyclists is being discussed, prompting some to murmur "This is how it starts!"

Complementing the City Council's slow but steady pursuit of a more bikeable Los Angeles was the City's ongoing study of Bike Sharing, an endeavor that prompted Council President Eric Garcetti to refer to great bikeable cities such as East Hollywood, Paris and Long Beach. (Not often that those three are mentioned in the same breath!)

The bike sharing concept is an old one even in Los Angeles where college students can "rent" a bike for the quarter, studio employees can "share" a bike while on the lot, tourists can "borrow" a bike from some hotels, and bikes "for hire" exist in several locations.

None of these are as visible as the programs in Paris or Munich or Leon but perhaps that's the real opportunity for the City of LA, to support those small operators who are already in the bike share business with promotion and marketing support.
•••
Capping off the "anything but the budget" day at City Hall was the Transportation Committee's showdown over the speed limit increases in the Valley. On the agenda were proposals to raise the speed limit on Riverside Drive (up to 45 mph) and Chandler Avenue (up to 50 mph) in an effort to certify the streets for radar/laser speed limit violation enforcement.

Cyclists were joined by members of the community, all braced with arguments against the City of LA's continued pursuit of increased speed limits as a tool for enforcement, but the debate faded at the request of Councilman Krekorian who wanted to pursue other options, such as his AB 766 Safe Streets bill which he introduced last year when he served as the Assistant Majority Leader in the State Assembly.

The bill did not make it to the finish line but the message was clear, the 50 year old speed trap law needed to be revised so that local authorities can set speed limits with greater sensitivity to the local community. Not all streets should be raceways, not all streets should be fast cut-throughs, not all streets should be hospitable for speeding motorists.

Councilmembers Krekorian and Koretz both asked the hard questions and seem to understand that there are methods for slowing traffic other than simply raising the speed limits and then relying on traffic officers with radar/laser enforcement.

Now is the time to pursue traffic calming methods, many of which represent funding opportunities such as Safe Routes to School, Highway Safety Improvement Program funding and Office of Traffic Safety grants.

Road diets, bulb-outs, speed tables, pedestrian enhancements and other innovations are not just tools for safety, they are also opportunities to put people to work, to improve the quality of life in our neighborhoods and to bring funding into the city coffers.

(Stephen Box is a transportation and cycling advocate and writes for CityWatch. He can be reached at Stephen@thirdeyecreative.net)

CityWatchLA - Officers Defy Order from Council, Board and Chief

CityWatch, Mar 27, 2009
Vol 7 Issue 25

Failure to Communicate?
By Stephen Box

Cyclists on a Saturday night bike ride through mid-city Los Angeles incurred the wrath of the LAPD and ended up detained, handcuffed and cited for infractions that included riding a bicycle without a bike license and carrying a driver’s license with an out of date address.

According to LAPD Information Officer Anna Aguirre, the incident began when they received a call of "assault with a deadly weapon" at 3rd and La Brea. Officers responding to the call encountered approximately 100 cyclists in the Ralphs parking lot and called for "all available units." The deadly weapon turned out to be a motor vehicle and the victim turned out to be a cyclist. LAPD officers interviewed the motorist and the cyclist and determined that no crime had been committed and allowed the motorist to leave. At the same time, supporting LAPD officers and their supervisor began detaining arriving cyclists still in the street, handcuffing them and ultimately issuing the tickets that critics hold up as evidence of harassment.

In January the City Council declared a moratorium on the enforcement of LA's bike license law. This action followed a Police Commission recommendation a month earlier to immediately enact a moratorium in the enforcement of LA's bike license law, an action that followed a report from Police Chief Bratton recommending the repeal of the law because it was ineffective and outdated.

Bratton goes so far as to say "Given our continued efforts to deploy all available sworn personnel to field operations in direct support of our crime fighting and community policing efforts, reviving the bicycle licensing program at this time is not prudent."

None of which seemed to matter to the Officers who now had several cyclists in handcuffs and were busy cutting the backpack off the back of a cuffed detainee as he lay facedown across the trunk of a police car. A cyclist on the other side of the intersection secured his bike and began photographing the incident on foot from different vantage points. He then crossed the street, earning a pair of cuffs and a ticket for crossing "against a circular red," a violation typically reserved for motorists, not pedestrians.

The photographer, bike activist Alex Thompson, took his photos and his ticket to the Police Commission this past Tuesday and leveled a charge that the responding LAPD officers detained cyclists in handcuffs and then stretched their imaginations to come up with citable offenses, all without probable cause. The Commission immediately turned the case over to the Inspector General.

As of this past Wednesday, Captain Davis, Commanding Officer for the Wilshire Area, has released a statement that indicates in part " With regards to the citations for no Bike License, the "No License" section has been canceled. And, in the spirit of the law the entire citation for the two violators will be canceled. The policy for the moratorium on bike licenses has been discussed with my command. This is a lesson learned, your cooperation and understanding on this matter is appreciated."

Critics of the incident claim that canceling the tickets fails to answer some significant questions including 1) on a Saturday night in LA, is it really a priority to herd cyclists off the street? 2) how does a City Council, Police Commission and Police Chief directive calling for a moratorium on the bike license law get missed by so many LAPD officers and supervisors? 3) why are the responding officers working so hard to find infractions that they will handcuff a cyclist and spend 15-20 minutes looking up obscure and unenforceable code?

The LAPD's position, according to Watch Commander Sgt. Pickett and Information Officer Aguirre, is that the LAPD received reports of traffic violations, alcohol use and other violations by the cyclists on the street that night and that they were just responding to complaints. Cyclists countered this claim by challenging the LAPD to cite those who violate the law, not simply anyone riding a bike.

As for the charge that the handcuffing of the detainees was an extreme and unnecessary tactic, apparently it's the Officer's discretion to use handcuffs "to maintain safety and control." Unfortunately, no records are kept so there is no way of analyzing or evaluating the use of restraints by officers, by area, by incident or any other criteria.

As for the missed memo, a couple of questions: If an order from the City Council, Police Commission and the Police Chief can be missed/ignored by LAPD officers in the field what will it take to get their attention. And, maybe a reissue of Chief Bratton’s comment about devoting manpower to cuffing cyclists with the need to fight real crime is in order. You think? (Stephen Box in a transportation and cyclist advocate and writes for CityWatch. He can be reached at Stephen@thirdeyecreative.net)