No sympathy for the devil
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.