August 1, 2014 § 26 Comments
This will only excite men over fifty, but last year Brooke made an appearance at the Brentwood Grand Prix. She walked around and chatted with folks, and even took in some of the racing.
This year, the race offers something even more exciting than the chance to mingle with former child stars: the Expo Ride. Roaring into the 19th Century full speed ahead, the Los Angeles metro is expanding its train stops so that you will one day be able to go up and down the west side without having to sit on the freeway or ride a bus. It’s a revolutionary and radical concept, and one day other major cities such as New York, Paris, Berlin, Tokyo, and Beijing may one day follow suit. Visionaries even predict that one day the train will go from downtown to the airport.
While we’re waiting for those backwater capital cities get with the program, however, Los Angeles will be building ten new rail stops on the west side of the city, and you can sign up for the August 3 Expo Ride to take a bike tour of the planned train route. The 11-mile, leisurely paced tour starts at 9:30 AM and will show you how the new stops can be integrated with bike travel to make your west side transportation seamless and coordinated with your bicycle.
I often cringe at encouraging people to enter bike races, any bike race. This isn’t because I dislike races, it’s because sending someone off to a bike race feels like sending them off to the Battle of the Somme. But … if you’re going to do a bike race … and dog knows why you would want to … Brentwood Grand Prix is a good one.
It’s well organized, it has great prize money that most of us will never win, it’s in a fantastic location, it’s on a challenging course, and this year it’s also raising money for the Melanoma Research Alliance and for the Los Angeles County Bicycle Coalition through the Expo Ride.
There are a couple of simple reasons to support these two organizations. The first is that MRA actually raises and donates money to research on melanoma. This is the disease that sneaked up on and almost killed west side legend Stuart Press. In a perfect world, the government would spend our tax dollars on melanoma research instead of spending $1 trillion on military aircraft that don’t work, but that’s a different rant.
LA County Bicycle Coalition is the strongest, most committed bike advocacy group in our area, and one of the best in the nation. It helps pass legislation. It helps get infrastructure implemented. It defends the legal right of cyclists to ride in the lane. It has educational programs for law enforcement and for schools. And it works to solve problems through dialogue and mediation rather than ideological broadsides. Plus, Eric Bruins is my good friend.
Some things are worth doing. The Expo Ride at Brentwood Grand Prix is one of them.
July 31, 2014 § 40 Comments
When Laura Weintraub posted her inane video, insinuating that hitting cyclists in your car was not only good, but something that everyone secretly wants to do, the shit hit the Internet. She is now in hiding, having received death threats and having been told that she would be decapitated. She has also been booted off the Santa Paula police force, where she served for three years in the records department as a reserve officer.
She will never work in law enforcement again.
Moral of the story: The Internet’s a bitch, yo.
But as with every story, there’s a back story as well. When Chief Steve McLean offered to talk with anyone who had concerns about Ms. Weintraub’s “embarrassing” video, I took him up on the offer. Expecting voicemail, I was surprised to speak with the chief himself. “You pick the day and time, and I’ll clear my calendar for you,” he said.
So last Friday, Eric Bruins of LA County Bicycle Coalition, Nina Moskol of the Santa Clarita Valley Bicycle Coalition, Randi Zabriskie of Yield to Life, her husband David, and I met with Chief McLean in Santa Paula to figure out what had happened and how we could make some lemonade. Quickly.
What became clear after only a few minutes is the following:
- Chief McLean took responsibility for his employee, even though Ms. Weintraub made it off the clock, as a civilian, in a different city, in a different county, and never affiliated herself or the video with the police department.
- Administrative action was immediately taken against Ms. Weintraub. She was put on leave, then terminated from the force. This all happened in less than 72 hours.
- Despite the fact that none of Ms. Weintraub’s actions had any affiliation with the department, the city and the police department felt the full wrath of the bicycling community.
Many people might be fine with that last part. I’m not, because it turns out that Santa Paula is hardly the bike-hating, cyclist-murdering place that Ms. Weintraub’s actions have wrongly made it out to be. The city has hosted the Amgen Tour of California three times. The city has implemented a $4.2 million bike trail, part of a rails-to-trails project that will ultimately connect Piru to Fillmore to Santa Paula to Ventura to the sea. Santa Paula is the first city in the project to complete its segment of the trail.
Santa Paula has recently completed the design phase for a Class II bike lane from Harvard Boulevard to Santa Paula Street. This $650,000, grant-funded project soon moves into the implementation phase. Additional planned projects will connect the bike lane to the rails-to-trails corridor.
The city is more than committed to the recreational and transportation side of cycling. It has three full-time bike officers, an impressive number for a city that only has 28 police officers total. An annual bike fair and bike rodeo have taken place in the city for years, and, what’s a revealing statistic for cyclists accustomed to getting harassed by law enforcement, there hasn’t been a single traffic citation written for a cyclist in the past year.
Tack on the fact that Santa Paula is a key part of the popular cycling corridor that goes to Ojai and Lake Casitas, and it’s no exaggeration to say that with regard to Ms. Weintraub’s actions, the city and its police department have gotten a bum rap. Unlike Calabasas, the city where Ms. Weintraub lives and shot the video, a city that is one of the wealthiest enclaves in California and the home to numerous celebrities and movie stars, Santa Paula is a gritty small town with significant social problems.
The biggest one is crime. The city has suffered from a plague of violent crime — nine murders last year alone — after the city council reduced the size of the police force. As LA-area gangs and drug runners have moved in, the city hired Chief McLean to deal with the problem. He reduced violent crime by 40% in his first year alone, this in a city where many of the families have one parent in jail, and where many others are headed by a single parent or by two parents who both work full time. With a shoestring budget, the police department and the community have done much in terms of outreach to bicycle riders.
Nonetheless, every city can improve when it comes to bike-car-community relations. Chief McLean took the meeting by the horns and worked with us to develop the following three proposals:
- Bring in a bicycle education course from LA County Bicycle Coalition, to be delivered to the city’s bicycle cops.
- Use the bicycle officers to perform outreach and education to the broader community at the annual bike expo and other venues.
- Designate two school resource officers to teach bicycle safety at the elementary and middle school level in Santa Paula.
We also discussed a wide-ranging series of possibilities for furthering bike-community-motorist awareness, not limited to an education and registration program modeled after the LA Sheriff’s Department program that Chief McLean spearheaded when he was captain at the Alta Dena Substation. What was clear was that increased coordination and cooperation with Santa Clarita Valley BC, LA County BC, and Yield to Life were all things that the department was more than willing to commit to.
What was also clear is that Chief McLean and his department deserve praise for the way they handled an incredibly tough situation. They’re ready to move ahead. Let’s judge them not by the mistakes made by a rogue employee, but by their efforts to make Santa Paula a better place to ride … and to live.
If this is the kind of advocacy you support, please subscribe to this blog: $2.99/month, cheap.
If you like Chief McLean’s attitude and approach, drop him a line on Facebook, Santa Paula Police Department, to voice your support.
July 28, 2014 § 51 Comments
As part of the “Cyclists Belong in the Lane on PCH” project, on Sunday the Los Angeles Sheriff’s Department met us at 8:00 AM in the parking lot of Will Rogers State Park. They were in an unmarked Ford Explorer. Greg Seyranian and Dave Kramer had rallied the Big Orange troops, along with other riders from the West Side and the South Bay. There were about fifty cyclists total.
This was the second phase of our law enforcement-cyclist cooperative. The first phase involved getting ticketed for riding in the lane, and then throwing a shit-fit about it followed by meetings with Captain Pat Devoren and his team of deputies. Much of the heavy lifting was done by Los Angeles County Bicycle Coalition wunderkind Eric Bruins. Give them some money if you’re feeling so disposed.
As a result of the meetings, Captain Devoren suggested a ride-along where deputies would follow behind a Sunday group ride. This was going to be our opportunity to educate them about the realities of riding a bike on PCH, and about how much safer it is to ride in the lane than in the gutter.
The Big Orange peloton had prepared an excellent ride plan. From Temescal to Las Flores they would ride in the gutter, switching to the lane at those points where the shoulder vanishes, or where there are cars parked on the shoulder, or where other space considerations make continued progress in the gutter impossible. This would give the following deputies an opportunity to see how dangerous it is to continually switch from gutter to lane.
After Las Flores, the peloton would ride single file “as far to the right as practicable” per CVC 21202. This would show the deputies two things: first, that a line of 50 riders going single file on PCH is significantly more of an obstacle to motorists than a single, compact peloton riding 2×2. Second, it would demonstrate with utter clarity that even when riding “FTR” there is not enough space for a bike and a car to share the lane — and that’s without the 3-foot passing law that kicks in this September.
At Cross Creek the peloton would flip it and ride back to Temescal utilizing the full lane. This would let the deputies compare traffic flow, safety, and predictability of the cyclists versus the other two methods.
The peloton rolled out and we hung back in the unmarked vehicle for about a minute. Then, we got a little surprise: because it looked like we were tailgating the cyclists, a park ranger put on his flashers and pulled us over. It’s pretty awesome getting stopped by law enforcement when you’re in an unmarked vehicle with two dudes carrying LASD badges. Suffice it to say, no one got a ticket!
The deputies were immediately impressed with the difficulty and inherent danger of doing gutter-and-lane back-and-forth maneuvers. Although motorists didn’t harass anyone or honk, the constant motion from gutter to lane was plainly fraught with potential conflict, especially since the traffic at 8:00 AM on Sunday is incredibly light compared to what happens on this stretch of PCH during a weekday, or later in the day on a nice weekend.
When the Big Orange group shifted to single file, it was also clear that there was no possible way that a car could safely share the lane with the cyclists. The deputies immediately saw that putting fifty riders in a long single file created an extremely long line of riders. When I told them that as of September the weekly Big O contingent would be double that in size, they understood the importance of keeping the group as compact as possible.
On the final leg from Cross Creek back to Temescal, the chief concern of the deputies was how traffic would be obstructed. It wasn’t, not even a little. One deputy commented that it was no different from a motorist who has to go around a slow moving vehicle like a bus or a dump truck. They also noted the incredible number of obstacles for any rider who might choose to ride in the gutter. Cars parked up against the fog line, people opening doors, surfers magically appearing with surfboards, and bad surface conditions in the gutter were all things that became easy to understand when pointed out while following the peloton at a slow speed of 20/21 mph.
The deputies were fully on board with the idea that the best place for a group is in the lane. This is a huge change and represents a watershed in the way that law enforcement views bicyclists on PCH. The only concern they still had was how this type of lane control would affect traffic when it was only one or two riders and when it was done during rush hour.
I volunteered to do another drive along, this time with only one or two riders so they could see that although the obstruction of traffic was minimal, the motorist harassment is extreme and terrifying. We’re going to set up a date for that experiment, perhaps this coming week.
The take home for cyclists who want to ride in the lane on PCH is this: the deputies will report back to Captain Devoren and based on their report we will follow up with LASD to confirm that for now, at least as regards groups of riders, cyclists can expect not to be cited for CVC 21202 violations simply for riding in the lane. Hopefully we’ll be able to get that confirmation in writing or as a directive that is sent out to deputies working traffic enforcement on PCH.
I want to stress that this is a work in progress. We’ve gotten key deputies to examine this stretch of PCH from a cyclist’s perspective, and in their words, “We’ve been educated about what cyclists face on PCH.” It doesn’t mean that the issue is fully resolved, especially with regard to solo riders or cyclists in groups of two or three.
Although it’s tempting to describe this as a “victory,” it’s much more a significant step in the right direction. The sheriff’s department has been professional and not even the slightest big adversarial with regard to these discussions. With the continued support and open-minded approach of LASD — not to mention the riders who are willing to come out and help with the process of educating law enforcement — we may not be too far from the day when all cyclists will be able to exercise their right to ride in the lane all the way from Santa Monica to County Line and beyond.
Huge thanks to all of the people who have given time, lent encouragement, and donated money to keep this project moving ahead. Thanks as well to Captain Devoren and LASD for being open to change. If you want to get involved as a volunteer, send me your contact info to email@example.com. You can also:
- Subscribe to this blog: Your $2.99 monthly donation helps me advocate for cyclists.
- Join California Association of Bicycling Organizations. $10, cheap.
- Join LA County Bicycle Coalition.
- Talk with your club and discuss riding in the lane on PCH the next time you’re out that way.
It’s been less than a year since Greg Seyranian and Big Orange began using lane control on their group rides on PCH. Thanks again to all who have helped.
July 22, 2014 § 72 Comments
… makes the whole world blind.
Of course, if you saw the video put up by Santa Paula reserve police officer Laura Weintraub, you might well have gone blind with rage. Her “satire” included a diatribe against cyclists that openly condoned hitting them, and concluded with an image of one of the most horrible bike-car accidents ever photographed. She captioned the photo, “Like you never thought about it.”
The terrible swift sword of justice was quick. Santa Paula’s police chief, Steve McLean, immediately repudiated the video and placed Weintraub on administrative leave. She resigned the next day, but not before NBC News, the LA Times, Facebook, Twitter, and the Internet blew up. Outraged cyclists tracked down her phone number and threatened to kill her and dismember her body.
At 4:30 AM on Monday I woke up and checked the LA Bike Blog. Ted Rogers, who had been on top of the story from its inception, penned an insightful piece wondering if, perhaps, we’d squandered the “teachable moment” for the blood lust of watching Weintraub’s head roll. Wasn’t this, Rogers wondered, in actuality an opportunity to forge understanding?
I thought about that and emailed Chief McLean. Here’s what I said:
Hi, Chief McLean
I’m a lawyer and cycling advocate in LA, and have been working with Captain Devoren over at the Lost Hills Substation and with CHP regarding cycling safety issues on PCH.
I’ve followed the matter regarding Laura Weintraub closely, and appreciated her apology as well as your department’s swift response.
I think this matter has created a great opportunity for outreach and education. Although the video clearly offended many people, it has brought attention to the conflict between cyclists and motorists in Ventura County and the need for better relationships on all sides.
If you have some time today I’d be more than happy to call and talk about some ways that we can turn this into a win-win situation for your department, for cyclists, and for motorists in Santa Paula.
Later that morning I phoned Chief McLean, and was surprised when he took the call personally. I’ve dealt with law enforcement in many adversarial situations, and fully expected McLean to be defensive and skeptical regarding my motives. He was nothing of the kind. To the contrary, when I suggested a meeting with representatives from LA County Bicycle Coalition and Ventura County cycling advocates in order to explore ways that we could provide outreach and education opportunities to the police department, he said this: “I would very much like to have such a meeting, and sooner rather than later.”
After a phone call to Eric Bruins of LACBC, we were able to set up a meeting for this coming Friday. The idea is to bring cycling safety issues to the forefront and to combat some of the most common motorist prejudices as expressed by Weintraub in her video: that cyclists are a nuisance, that their lives don’t really “count,” that people who look different deserve persecution, and that cyclists don’t really belong on the roads.
My conversation with Chief McLean convinced me that the views of Weintraub are not the views of the department. It is regularly involved with pro-cyclist activities, not least of which included acting as a host city for the 2014 Amgen Tour of California. With regard to education regarding cyclist safety issues, the new 3-foot passing law that goes into effect in September, and some of the more technical aspects of cycling law such as CVC 21202, we now have a great opportunity to provide education and outreach to law enforcement in an area heavily frequented by cyclists.
Our biggest challenge in Southern California, which is the epicenter of American car culture, isn’t how to demonize our opponents, although I’ve been known to lob my fair share of Molotovs at aggressive cagers. Our real challenge is getting law enforcement and the community to recognize and accept our right to be on the road. The city of Santa Paula’s police department seems ready to meet that challenge head on, and for that they deserve our respect.
Do you support advocacy for cyclist rights? For safer streets? For better relationships between law enforcement, the community, and bikers? Here are some ways you can have an impact:
- Subscribe to this blog: Your donation helps me advocate for cyclists.
- Join California Association of Bicycling Organizations. $10, cheap.
- Join LA County Bicycle Coalition.
- Sign up as an activist by emailing me your contact info at firstname.lastname@example.org
- Get out on your bike and take the lane; learn CVC 21202 by heart!
July 18, 2014 § 8 Comments
The work that has been done in Los Angeles County to bring attention to cycling and lane control on Pacific Coast Highway is already paying dividends. Thanks to the efforts of LA County Bicycle Coalition, local activists, and most importantly to the cyclists who are taking the initiative to utilize lane control techniques while riding on PCH, others in Southern California who face the same issues as we do are taking matters into their own legs.
David Huntsman, a friend, fellow lawyer, and board member of the Orange County Bicycle Coalition, has been following our experiences on PCH in Los Angeles. The reason is simple: Laguna Beach in Orange County has an even worse problem with motorists on PCH than we do here in Los Angeles (although we do have Cher, which makes our stretch of PCH aesthetically much less appealing).
On June 17, slightly more than a month ago, John Colvin was riding his bike on PCH in Laguna Beach in the gutter while training for his first Iron Man. John’s edge-riding position is the default one for cyclists in Orange County along this stretch of PCH, just like it is in Los Angeles. A 19-year-old local resident struck John and killed him. Then, after casually killing John, the teenager drove along for another mile before deciding to stop and notify law enforcement. His car was badly damaged and the windshield smashed in; perhaps if the damage to his Prius had been less the driver wouldn’t have even stopped.
Since he was very distraught at having killed someone, and since he was a local OC boy, law enforcement asked him a few questions, then released him and sent him home to his mother. No charges have been filed, and no explanation has been given for why he hit-and-ran or for why he was driving on the shoulder.
Debra Deem was killed last August, also on PCH, by a cager who “didn’t see her.” This is a valid excuse in Orange County and most other parts of the U.S. for killing cyclists. Like Colvin, Debra was riding on the edge of the road; this stretch of PCH has no bike lane or other infrastructure to accommodate cyclists even though it is heavily used by bicycle riders. The plain fact is that cyclists on this part of PCH who occupy the edge or who are on the shoulder are much less visible than riders who are legally controlling the lane, especially given the dangerous design of the roadway, which makes zero accommodations for cyclists.
Orange County riders commemorate the lives of John and Debra by taking the lane
This Sunday, July 20 at 8:00 AM, the OC Bicycle Coalition will commemorate the lives of Debra and John through a short ride on PCH. Riders will be using full lane control techniques along this stretch of Pacific Coast Highway. The 5.1 route is as follows:
Some riders will go all the way over to Newport Coast; some plan to take mountain bikes high above Laguna to get back; some will head on to do their regular Sunday triathlon training; some will enjoy the trails in the State Park before completing the the ride back into Laguna on PCH.
OC Bicycle Coalition considered and rejected the idea of a traditional memorial ride with police escorts. “It sends the wrong message,” said my buddy Dave. That message, of course, is that bikes don’t belong on PCH except for special occasions and when accompanied by the police. The real message that cagers need to hear is that bikes belong in the lane, that they belong on PCH, that John and Debra’s lives were needlessly lost, and that we refuse to passively ride by as motorists kill us at will.
Riders will not be riding on the edge or in the gutter during this ride, but will be exercising their legal right to control the lane pursuant to CVC 21202. The families of John and Debra want the ride to help make motorists on this deadly stretch of road keenly aware that cyclists have the right to be in the lane; they also want cyclists like John and Debra to know that they are safer in the lane on this stretch of PCH than they are when hunkered down in the gutter.
By forcing motorists to see us by forcing them to change lanes to pass us, and by forcing them to take note our position squarely in the lane, the families of Debra and John support this ride not simply as a memorial to needlessly lost lives, but as a positive agent for permanent change.
So … how can you help?
- When you’re on your bike, ride in the lane, and know CVC 21202 by heart, because you may well get a ticket. (If you do, let me know and I will try to arrange a pro bono defense of your ticket.)
- Join the ride for John and Debra on Sunday.
- Join the OC Bicycle Coalition and the LA County Bicycle Coalition.
- Subscribe to this blog: Your monthly $2.99 donation will be used to promote activities that help secure the right of cyclists to legally ride on California roads, and to provide legal defense for cyclists who are illegally ticketed by law enforcement.
- Follow the best cycling blog in Los Angeles, if not the world, “Biking in L.A.“
- Send an email to email@example.com to be put on my Activist List. I’ll notify you of upcoming protest rides, letter writing campaigns, and general thorn-in-the-eye activities designed to keep us where we belong: Alive.
July 13, 2014 § 43 Comments
As a result of the rants posted on this blog, the videos taken by Big Orange, the letter sent by LA County Bicycle Coalition, the voices of individual cyclsts, and Gary’s green wrinkled shirt with the tomato stains in front, a small step forward has been made with regard to riding 2×2 in the lane on PCH north of Temescal up to LA’s county line.
Captain Pat Devoren, who runs the Lost Hills substation, reached out and suggested a meeting to further discuss the issue of cyclists on PCH. Eric Bruins of LACBC, Greg Seyranian and Dave Kramer of Big Orange Cycling, cycling instructor Gary Cziko, and I met on Thursday with the captain, three of his officers, and two traffic officers who work for California Highway Patrol.
After about two hours of discussion, we learned that there is resistance on the part of all law enforcement to allowing bicyclists to control the lane by riding 2×2 all the way up PCH. The resistance is based on disagreement regarding where on PCH the CVC 21202 exceptions apply, and because of the concern that so many cyclists will begin using lane control that the right-hand lane becomes, at certain times, so filled with bicycles that it impedes traffic. Impeding traffic involves a separate section of the vehicle code.
What we were all able to agree on is that there are some sections of the roadway on which it is legal for cyclists to ride 2×2 and to fully control the lane. The disagreement is where we cannot. Rather than engage in an theoretical legal dispute about exactly where the lane is either of substandard width or where it is reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or edge, Captain Devoren make a great suggestion which we immediately agreed to: Let’s do a ride-along with law enforcement on PCH so that we, the cyclists, can point out the points of the roadway that make riding as far to the right as practicable … impracticable and unsafe.
We improved on the suggesting by agreeing that we’d do part of the ride-along following a group of cyclists so that law enforcement can see the difference with regard to traffic safety when you have riders switching from gutter to lane versus controlling the lane in a 2×2 formation. The date for the ride-along has not been confirmed, but it will likely be the latter part of this month. In the meantime we were asssured by Captain Devoren that there would not be additional citations written under the same conditions as the two that were written in the past couple of weeks.
The goodwill and sincerity of LA Sheriff’s Department and the California Highway Patrol was undeniable. They want this to work and they want all users of the roadway to be able to safely and legally use the road. The dialogue was fantastic and I’m optimistic that after a ride-along, law enforcement will see this stretch of roadway differently.
Captain Devoren also invited LACBC to work together by providing education to his deputies regarding application of 21202 and cycling law.
We’ve spent a lot of time and a lot of effort by trying to find a collaborative solution, and we’re not there yet, but it would never have occurred without the support and assistance of so many riders out there, and readers of this blog. I’ve received over $600 in donations as of today, money I’m using to show my wife when she asks why I’m not doing “real work.” Much of that money has come in the form of small monthly $2.99 donations to this blog — are recurring in nature and they add up. Thank you to everyone who has also offered vocal support and who has asked to be put on the list of people who are willing to write letters, make phone calls, and engage in other outreach as it becomes necessary.
Here’s the info about how you can contribute:
- Click here and select the “subscribe” link in the upper right-hand corner. Your monthly $2.99 donation will be used to defray the legal expenses of defending David and Scott and to promote activities that help secure the right of cyclists to ride on PCH.
- Email me at firstname.lastname@example.org if you are willing to actively support these efforts. Activities will include letter-writing, phone calls, organized full-lane rides on PCH.
- Notify me if you or someone you know has been cited for a CVC 21202 violation so that I can try to arrange pro bono representation in defending their citation.
July 7, 2014 § 104 Comments
Bicyclists of California, unite!
The Los Angeles Sheriffs Department has embarked on a methodical campaign of illegal ticketing, threats, and intimidation against law-abiding cyclists who dare to exercise their right to ride in the lane on Pacific Coast Highway.
Despite personal assurances given by Captain Patrick Devoren, assurances made in the presence of me, Gary Cziko, and Eric Bruins of the LA County Bicycle Coalition, the department has stepped up its illegal ticketing and harassment campaign against cyclists. Even worse, the captain and his deputies have targeted the Big Orange cycling club in a brazen attempt to use force, threats, and fines to frighten cyclists out of the roadway.
Bicyclists who believe that they are inferior, who support the right of motorists to abuse and intimidate them, and who think that legally using PCH on a bicycle is counterproductive because it will “anger the motorists of Malibu” will be thrilled to know that they are firmly on the side of the sheriffs department.
Cyclists who do not consider themselves second class citizens will be outraged.
After being promised by Captain Devoren at a meeting in January that we would no longer be cited by deputies for obeying the law, the same abusive deputy — Deputy Duvall — pulled over David Kramer on June 29, 2014 while he was legally riding two abreast in the far right lane on PCH.
David was part of a 20-person contingent, and Deputy Duvall cited him for violating VC 21202, which requires a cyclist to stay as far to the right of the lane as practicable unless the lane is of substandard width or unless the lane cannot safely be shared by both motorist and bicycle. If these either of these conditions apply — and both did — cyclists are not required to ride “FTR” (as far to the right as practicable), and they are allowed to use the full lane pursuant to the section of the Vehicle Code that gives bicycles the same travel rights on roadways as motor vehicles.
Check out these two videos, both of which show that Deputy Duvall has no idea what the law is and is simply harassing the riders because he can:
While Deputy Duvall was citing Kramer, I phoned the watch commander who, after patient discussion, agreed with our interpretation of the law: That the cyclists were allowed to ride in the lane 2-by-2 on that section of PCH. Duvall cited Kramer anyway.
The following day I spoke with Captain Devoren, who proposed a meeting — I never heard back from him after that — at which we could explore, possibly with judicial input, the legality of our interpretation of the law, a law which needs no interpretation because it is explicit regarding when and where cyclists are not obligated to ride FTR.
Yesterday, July 6, a motorcycle deputy pulled over a group of Big Orange riders again and cited cyclist Scott Golper for “riding in the lane,” allegedly in violation of CV21202. Scott at the time was at the back of the group and hugging the fog line. The deputy took Duvall’s absurd mis-interpretation of the law even further and told the cyclists that they were not allowed to ride in the road at all. When asked to put the rider’s road position on the citation, he threatened Scott with arrest. He then added that bicyclists on PCH were an endangerment to cars, and if cyclists didn’t want to ride in the gutter they should STAY OFF PCH.
Deputy Young then called the watch commander and told him he was citing “the same group as last week.” It was clear from his tone of voice that the department had decided to target Big Orange, and that they were using this intimidation tactic to get the word out to all cyclists on PCH: Ride on the shoulder or don’t ride PCH at all.
Most incredibly, the deputy admitted to Scott that he probably wouldn’t even appear as a witness to prosecute the case, which means that the case will be dismissed. This is exactly what Deputy Duvall did in a previous case against Greg Leibert, a matter which required multiple court appearances, expert witnesses, and legal representation just so the department could harass cyclists, force them into court, and then not show up to prosecute their bogus case. This is harassment of the worst sort. The ticketed cyclist has to defend himself or hire a lawyer and the deputy just writes the ticket, harasses the group, and goes about his business.
Below is a video of Deputy Young in action, adding his truckload of cluelessness to the body of law enforcement ignorance that already makes riding PCH extremely unpleasant as well as hazardous for law abiding cyclists. That this unpleasantness and danger is exacerbated by the very people who are supposed to make PCH safe is outrageous beyond words.
Keep in mind that there is no law in California that requires a cyclist to ride on the shoulder, and that Deputy Young is telling Scott that he can’t do what’s legal, and that he must do what isn’t required.
What I believed was a professional and honest attempt on the part of Captain Devoren and his deputies to reach an understanding with cyclists about proper enforcement of the law was apparently a ruse that the department has been using to keep us from collective action to defend our right to use the road.
I have taken David’s and Scott’s cases pro bono in an attempt to get a fair decision from the Santa Monica court in which the court will rule in our favor on these tickets and every other one like them. The motorists who pull the strings at LASD have obviously elected to make this the battleground, and it will have repercussions throughout the state of California.
If cyclists can be legally harassed, threatened with incarceration, fined for riding in the road on PCH, and illegally ordered to ride on the shoulder, then you can be absolutely certain that law enforcement will take this very significant victory and use it to illegally prosecute cyclists throughout the state.
Riding in the lane is a matter of safety, and more importantly it is a matter of legality. We are entitled to use the roads only to the extent that we are willing to stand up and fight for that right. Motordom and the police state would prefer that we either ride on bike paths or not ride at all. Imagine every group ride you do for the rest of your life being subject to this new and illegal prosecution of law-abiding bicyclists.
So, how can you help?
- Click here and select the “subscribe” link in the upper right-hand corner. Your monthly $2.99 donation will be used to defray the legal expenses of defending David and Scott and to promote activities that oppose harassment by the LA Sheriffs Department.
- Email me at email@example.com if you are willing to actively oppose this illegal harassment of law abiding cyclists. Activities will include letter-writing, phone calls, organized full-lane rides on PCH, and mass meetings of cyclists with the sheriffs department to demand that they stop their illegal harassment.
- Notify me if you or someone you know has been cited for a VC 21202 violation so that I can try to arrange pro bono representation in defending their citation.