CityWatchLA - Two Tales of Cyclists Down and the Uneven Hand of Justice

CityWatch, Nov 10, 2009
Vol 7 Issue 92

Last year, on July 4th, Dr. Christopher Thompson drove his car down Mandeville Canyon and came up behind two cyclists, pulled alongside and exchanged words then pulled in front and slammed on the brakes, seriously injuring both cyclists and telling the police officer who first arrived at the scene that he did it "to teach them a lesson."

That same week, as Paul Moore rode his bike south on Bundy Drive, a motorist approached him from behind, overtook him and then turned right, slamming him to the ground.

Unlike Christian Stoehr and Ron Peterson, the cyclists in Mandeville Canyon, Paul didn't get up. In fact, before the day was over, surgeons would remove a section of his skull, storing it in a refrigerator for later reattachment, all in an effort to alleviate the cranial swelling and bleeding. That evening Paul slipped into a medically-induced coma that allowed his brain to rest and recover.

By Monday morning, news of the Mandeville Canyon incident had spread and by early afternoon, LA City Councilman Bill Rosendahl stood before the press and proclaimed "Cyclists need a Bill of Rights!"

Concerns that the case would be handled as a traffic collision instead of a criminal act were cleared up by the LAPD's Captain Eaton who flanked Councilman Rosendahl and assured the public that this was a road rage incident that would be investigated as a felony criminal assault. This show of force went a long way toward reassuring the cycling community that justice would be pursued.

As for Paul, he slipped into the pool of anonymity that comes with being one of 550 LA Fire Department medical transports that occur each day in the City of Los Angeles. Of those 550 transports, approximately 100 of them are the result of a traffic collision and they include motorists, pedestrians and cyclists. Paul was just one of many.

The public clamored for more information on the Mandeville Canyon incident, the press responded with radio, television and newspaper coverage. The blogs were filled with activity and comment sections had to be shut down because of the intense debate and personal animosity that took place.

Meanwhile, Paul's wife worked quietly to investigate the circumstances that left her husband lying on the street with multiple broken bones and a left frontal lobe injury that resulted in Aphasia which is the inability to form words.

It took two days for Rosendahl and Eaton to step up to the microphone and to address the Mandeville Canyon incident. It was eight days before Paul's wife received the Police Report in the mail with information on Paul's collision.

The report detailed the location, the motorist and the cyclist. There wasn't much else there except that Paul's bicycle had been transported to the Fire Station. It's curious that the bike wasn't considered evidence but, of course, that would imply an investigation.

Paul's wife went to Fire Station #59 and found Paul's bike with very little damage. One of the firemen looked in the log, found the incident number, and said the team who responded to the accident was not working, except for the Captain who was out on a call.

Paul's wife left and called Capt. Cessor, introducing herself and asked about Paul and the traffic collision. She asked if Paul was conscious when the LAFD arrived at the scene but Cessor responded "Can't answer that. Can't answer anything medical due to confidentiality."

Questions about who called 911, what happened to Paul's helmet, which corner the collision occurred on yielded a response that was completely discouraging.

Cessor informed Paul's wife "I don't know where your questions are going, so I'm going to refer you to the Arson Unit as they are the legal experts." She passed over the phone number for the Arson Unit adding "They probably wouldn't have any information about this accident."

By now, Rosendahl was calling for a Cyclists' Town Hall to address the issues that cyclists encounter as they ride the streets of Los Angeles. He went on to convene the Mandeville Task Force that would look for ways to mitigate tensions between cyclists and motorists. He continued all the way to the Transportation Committee and then the City Council where he urged his fellow Councilmembers to incorporate the Cyclists' Bill of Rights into the city's Bicycle Plan.

Paul's family spent the same period of time struggling to navigate the medical system and the insurance labyrinth and the emotional journey, celebrating the fluttering of eyelids and the twitches and grimaces that they counted as the signs of Paul's recovery.

Paul left UCLA and went to the Barlow Respiratory Hospital and then back to UCLA and then out to Casa Colina in Pomona. Through it all, his family was by his side, playing music, talking to him, struggling to communicate and to encourage and to maintain hope through the recovery process.

Periodically there would be some activity in the Mandeville Canyon case and members of the cycling community would hold vigil at the LAX Courthouse, hoping against hope that justice would be served and reporting back on the developments.

As for Paul, justice was limited to battles his family and his doctors fought with the insurance company's grievances and appeals representatives, quite a tough position for the victim of a crime.

Apparently, when Rosendahl told the world "Cyclists need a Bill of Rights!" it didn't include Paul Moore, a cyclist whose life was ruined by a motorist who "right-hooked" him in violation of CVC 21750 which specifies that “the driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle…”

The Cyclists' Bill of Rights claims, as right #4, "Cyclists have the right to the full support of our judicial system and the right to expect that those who endanger, injure or kill cyclists be dealt with to the full extent of the law."

This past week, the cycling community threw a virtual Twittertape parade when the jury in the Mandeville Canyon trial came back with a guilty verdict on all seven charges for Thompson including Assault with a Deadly Weapon and Mayhem. Thompson was considered a flight risk, denied bail, remanded into custody where he awaits sentencing.

Unfortunately, there are many more cases out there, including the motorist charged with the hit-and-run death of a cyclist on PCH, the motorist charged with the hit-and-run death of a cyclist on Glendale Boulevard, and the motorist charged with the hit-and-run death of a cyclist in Santa Clarita.

Add to the mix the motorists who are charged with hit-and-run assaults on cyclists on the Westside and in Echo Park and Downtown and the Mandeville Canyon case starts to look like the exception, not the rule.

Most alarming is the simple fact that Paul Moore's life was destroyed by a motorist who right-hooked him just 1500 yards from Bill Rosendahl's Westside office and Paul never made it past dispatch statistic for the LAFD team that transported him to UCLA. He spent 6 months in the hospital, he lost the ability to move and to talk and his family was left to struggle with his recovery and with the surgeries and with the seizures and the financial struggles and the insurance battles, and in the midst of all of the debates over equality and justice, Paul was completely forgotten.

"What about Paul?"

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

CityWatchLA - LA & Sydney: Visions Lost & Found

CityWatch, Sept 1, 2009
Vol 7 Issue 70

It has been many years since my family left Australia aboard the SS Canberra, sailing past the Sydney Harbor Bridge and the Opera House on our way to America. That was my last impression of Sydney until my Down Under Walkabout this week took me back and the strong sense of homecoming was intense.

In fact, for a moment I thought I was back in Los Angeles. The similarities between Sydney and Los Angeles are uncanny. It’s as if they have the same DNA.

Both Sydney and Los Angeles were founded by small groups of people whose first task was simply to survive, such were the obstacles that stood before them. The formative years of both cities were spent avoiding death from starvation, the elements, infighting and self-inflicted extinction.

Somewhere along the way, they prevailed and became the new home to settlers from around the world, and in both cases, now boast extremely diverse and robust mixes of cultures and ethnicities, with enough languages spoken to give the UN a run for the money.

Both cities grew rapidly, so fast that for the most part, the development of the municipal authority was spent in a mode of reaction, to public health, to public safety, to transportation, to land use, to the organization and management of assets, in short, to the many issues that arose and demanded the attention of the city’s leaders.

This is where the two cities start to differ. While Los Angeles is still in the crisis management phase of City maturity, Sydney has advanced into the Vision phase, one where the Lord Mayor has established a blueprint for the future and all actions are based on moving the City of Sydney into the future based on an agreed upon game plan and destination.

Of course, to say that Los Angeles has no vision may seem a little harsh because the Mayor of Los Angeles, Antonio Villaraigosa, has actually used the “V” word in campaign speeches, in inaugural speeches, in State of the City speeches and in press conferences. Surely there exists a “Vision for Los Angeles” document somewhere that lays it down for all to see?

As for Sydney, there is no doubt that the Lord Mayor, Clover Moore, is leading the city on an adventure that is driven by the Sustainable Sydney 2030 Vision. The doors to Sydney’s Town Hall open automatically when guests approach, revealing banners that articulate different elements of the Vision.

Town Hall has a room on the same level completely filled with a scale model of Sydney which details the Heritage buildings, proposed development and the master plan. Lest anyone miss the fact that Town Hall is driven by a vision, the outside of the building is wrapped with 8’ high banners detailing elements of the vision.

When it comes to Transportation, the Lord Mayor declares that Sydney is “A City for Pedestrians and Cyclists.”

Moving in a different direction, Villaraigosa Chairs the Board of the Metro, LA County’s Transportation authority, which is in the process of developing a plan to restrict the access of cyclists to Metro’s Rail System.

When it comes to Planning, Sydney’s Mayor commits to “Sustainable Development, Renewal and Design” and supports that commitment with a “One Stop Shop” on the ground floor of Town Hall along with a Town Hall Concierge.

Again, moving in a different direction, LA’s Department of Planning, a Charter Department, enters the current budget crisis with 25% of its authorized positions empty and then gets in line with the rest of the city to take the 10% “share the blame” cut.

One would think that the middle of a significant crisis would be the time to double down on strategic planning for the city, but not Villaraigosa. He’s going to wing it!

As for the Environment, Sydney commits to starting at home, greening the Council Operations first and leading by example.

Team Villaraigosa, on the other hand, commits to starting in your home, charging you more for less and maintaining its cash cow relationship with the Department of Water & Power.

Sydney has embarked on an ambitious plan to create a “Liveable Green Network” of safe and attractive walking and cycling routes across the City’s streets, parks and open spaces.

Los Angeles, by way of contrast, commits to enhancing transit with vehicle parking and connecting the proposed Civic Park with more cement, simply failing to conceive of parks as the City’s lungs, as water reclamation opportunities, and as tools for enhancing public safety.

Sydney offers its local neighborhoods an accounting of its performance and conducts Community Forums where the Mayor, the Councilors, City staff and the local Area Command all travel to local areas to listen and to report on local projects.

Los Angeles also gets talk, loads of it, but nothing in the way of accountability, as Villaraigosa positions Connectivity, Diversity, Sustainability, Density, Technology, Entertainment Industry and Education as the touchstones of excellence that will allow Los Angeles to take its rightful place as the “City-on-the-Hill” but offers no buy-in or game plan for getting there.

Sydney invites the public to the Community Forums and gives specific transportation instructions (Train or Bus) and indicates that there will be bicycle parking.

Villaraigosa rides the train for Press Conferences and then hops back into his Yukon, often flanked by his Hummer driving Deputy Mayor, unable to even give the simple directive that all city functions be held at facilities accessible to pedestrians, cyclists and mass transit passengers.

Sydney demonstrates an ability to integrate the many different departments of the city into one cohesive working group that is focused on one goal, the City's new Corporate Plan.

Villaraigosa convenes regular GM meetings for the heads of the nearly four-dozen departments that all have a piece of LA and is somehow unable to get past the introductions. Add to the mix countless Deputy Mayors and abundant Commissioners, all genuflecting to San Antonio but unable to find their nametags, let alone their marching orders. As a result, Los Angeles is a ship adrift, Captained by the master of unrealized potential himself.

At the end of the day, Sydney and Los Angeles are like siblings who share the same genes, background and opportunity but somewhere along the way, made choices that took them on different journeys. As is often the case, one did all right and the other is still struggling.

Sydney was a city with no plan as recently as the 50’s when the land now occupied by the Opera House served as a maintenance yard.

Somewhere along the way, the folks in Sydney recognized the power to be found in a strong vision. To their credit, it shows.

Los Angeles is also a city that has meandered a bit, losing its City Center and falling victim to sprawl and the notion that “LA is a Battleship, too big to be turned quickly!”

Somewhere along the way the folks in leadership positions discovered the power to be found in fortune cookie philosophy and press conference declarations of progress. To our dismay, it shows.

As Sydney celebrates its past and embarks on its Sustainable Sydney 2030 Vision, it does so as an Alpha City, a title it shares with New York City on the Global Cities Index which rates cities on a number of criteria including economics, transportation, culture, politics and influence.

As Los Angeles ignores its past and struggles with rumors of bankruptcy, it does so as a Beta City, ranking number 43 on the Global Cities Index, in spite of its #3 ranking in Gross Metropolitan Product.

It has been said that the most important skill to be learned on a Walkabout is “Tellum Story” and I believe that to be true.

Sydney has a story, it’s told in the Museum of Sydney, it’s told on the streets, it’s told in the parks, it’s told in the hustle and bustle of a city that is on the move and it’s told in countless homes throughout the city. It’s called a vision.

Los Angeles has a story, but it’s hard to find. If LA is anything, it’s the land of storytellers and yet we’ve lost our connection to our past, to each other, and to our future.

High atop the Hermosa Beach Community Center are carved the words “Where there is no vision, the people perish.”

By contrast, the big space over the entry to LA’s City Hall, (Spring Street, the one with the elaborate forecourt and access to the beautiful lobby) is still blank, never finished.

Of course, most people never see this because the public is now shuttled in through the “service entrance” on Main Street while the front doors to City Hall are reserved for City Staff.

Perhaps it’s time for Los Angeles to go on a Walkabout and to come back with LA’s story, a vision for the future of Los Angeles.

(Stephen Box is a transportation advocate and writes for CityWatch. He is currently traveling in Australia. Box can be reached at Stephen@ThirdEyeCreative.net) ◘

(photo by Floyd B. Bariscale)

CityWatchLA - Public Meets to Frame CD2 Campaign Issues

CityWatch, July 24, 2009
Vol 7 Issue 59

Council District 2 community members are convening a Town Hall this Saturday (July 25) morning at 10 am in order to lay down a community based platform that will drive the issues that frame the upcoming election for the open CD2 City Council seat.

Community leaders from throughout CD2 will be presenting topics for consideration and stakeholders will have the opportunity to weigh in on the different "planks" and to shape the final platform that represents the issues and concerns of the campaign.

The CD2 Town Hall will take place at the North Hollywood Masonic Center, 5122 Tujunga Avenue, NoHo, CA 91601. The location is south of Magnolia Blvd. and is just a short walk from the NoHo Red Line Station and is also accessible via Metro bus line 183. For more info about public transportation directions go to http://metro.net . For those who arrive by car, parking is on the north side of the building. (Make friends with your neighbor and carpool)

Neighborhood Councils within the CD2 boundaries include Sherman Oaks, Van Nuys, Valley Glen, Studio City, Valley Village, Mid-Town NoHo, NoHo NorthEast, Sun Valley Area, Foothill Trails, and Sunland-Tujunga. The Town Hall meeting is open to the public and all stakeholders are invited to participate in the development of the CD2 Community Principles.

CD2's City Council seat was vacated by Councilwoman Wendy Greuel who was recently elected LA's City Controller. More than a dozen candidates have filed with the City Clerk for the open seat and the campaign is already heading up with rhetoric that drifts from personalities to motives but rarely settles on the issues, concerns, and passions of the many neighborhoods that make up CD2.

To that end, the CD2 Town Hall is designed to put the needs and desires of the community first, to frame the campaign with a real focus on the issues that matter, and to position the candidates so that the debates and forums start with a real foundation of vision and commitment to improving the quality of life in CD2.

Greg Nelson, retired General Manager of the Department of Neighborhood Empowerment, will open the Town Hall and frame the process, challenging the community to lay down a vision for their neighborhoods that will live on after the election. (Stephen Box can be reached at Stephen@ThirdEyeCreative.net ) ◘