Cyclists as a protected class?

Posted by Andrew Hartsock June 19, 2009 at 9:01 a.m.

A certain city to the east just got a little more bike-friendly.

At least, that’s the spin of the new bike-harassment law the Columbia, Mo., City Council approved the other day.

According to the new ordinance:

(a) A person commits the offense of harassment of a bicyclist if the person: ... (1) Knowingly throws an object at or in the direction of any person riding a bicycle; or (2) Threatens any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle; or (3) Sounds a horn, shouts or otherwise directs sound toward any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle; or (4) Knowingly engages in conduct that creates a risk of death or serious physical injury to the person riding a bicycle. (b) Harassment of a bicyclist is a Class A misdemeanor.

Now, I’m not going to get into any other quality-of-life debates about Lawrence vs. Columbia.

And while I’m sure this new law — following the lead of a couple of states, like Colorado and South Carolina — is well intentioned, I’m not sure just what it will accomplish, if anything.

According to the PedNet Coalition that championed the new law, bicycle harassment is difficult for law-enforcement officials to target, and though there are existing laws that can protect cyclists, it is difficult to get convictions, and The Man can be reluctant to pursue convictions.

I’ve had lots of junk thrown at me, from batteries and ball bearings to fireworks and Big Gulp cups. For the most part, the detritus has missed. Thankfully. Thrown from an approaching vehicle, even the smallest object can do more than raise a welt. In fact, some can be almost deadly. I once had to dodge a full (or nearly so) 44-ounce beverage thrown from a truck at highway speeds. I hate to think what it would have done had it connected.

If it had, though, I’m pretty sure that would have crossed over into battery territory.

Much more frequent are threats, honks, shouts or “otherwise directed sound,” most of which, I can only assume, are meant to frighten or disturb. Heck, I get frightened or disturbed — mostly disturbed — on a weekly basis. Most of these I simply shrug off.

I guess what bothers me most about the Columbia ordinance is that it tries to make cyclists into a protected class.

I don’t like being harassed any more than the next guy, but I don’t think I’m entitled any special rights just because I tend to get around on two wheels instead of four.

Why should cyclists have any more protection than pedestrians or runners or skateboarders or, heaven forbid, even rollerbladers?

Criminal is criminal, regardless of a victim’s choice of transport.

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Irish (Leslie Swearingen) says…

How would you go about proving the intent of the driver?
June 19, 2009 at 9:41 a.m.
rooster (anonymous) says…

It's a catch 22 since bikers deserve the RIGHT to ride and we should support them for not driving. Likewise I firmly believe that there are some dumb bikers that need to be reminded to pay attention and a honk works well.

At the end of the day I can see how this type of law comes to be. It's cause there are too many inconsiderate drivers and no biker should be intimidated. Possibly the best course of action is to increase the penalty for actions by drivers against bikers like the case of the off duty officer who was killed. The penalty for that murder should have been much stiffer.

I hope that drivers can come to terms with motorcyclists and bikers alike without being prompted by another law and remember that they deserve to ride without fear.
June 19, 2009 at 10 a.m.
MeAndFannieLou (anonymous) says…

I used to signal my turns (while bicycling), but drivers going the other way thought it was funny to reach out and smack my hand as they passed me. I think that dangerous behavior should carry more of a penalty when it's someone driving a motor vehicle. Everyone needs to behave safely and responsibly, but vehicle drivers most of all.
June 19, 2009 at 10:10 a.m.
Everyones_A_Critic (anonymous) says…

You're an idiot, and it's embarrassing that you call yourself a cyclist. Why protect exposed cyclists more than those surrounded by steel? Hmmm?? Takes a rocket scientist. Protect pedestrians and skateboarders too. I cannot believe someone wasted time and ink to write this.

And there should be no "quality of life" debate between the two cities because Columbia wins hands down. I've lived in both and would choose properly developed Columbia 100 times over congested, pooly-maintained Lawrence.
June 19, 2009 at 10:24 a.m.
storm (anonymous) says…

I'm not sure Everyone_A_Critic read the article (since s/he agrees with the writer).
June 19, 2009 at 10:51 a.m.
parrothead8 (anonymous) says…

Irish, I think if an item comes flying out of a vehicle and passes by or lands near a cyclist, that proves intent.

Drivers are supposed to be aware of their surroundings (and, not to mention, are not supposed to throw items from their vehicles anyway), so if they "don't notice" a cyclist nearby while they are throwing items from their vehicles, there are larger issues going on.

Most cyclists I know are fairly fit, muscular people. Most wear helmets, carry metal multi-tools and small metal tire pumps, and wear shoes with metal cleats attached. Why anyone would go out of their way to piss off a cyclist is beyond me.
June 19, 2009 at 10:55 a.m.
zissou (anonymous) says…

"You're an idiot, and it's embarrassing that you call yourself a cyclist. Why protect exposed cyclists more than those surrounded by steel? Hmmm?? Takes a rocket scientist. Protect pedestrians and skateboarders too. I cannot believe someone wasted time and ink to write this."

Yeah, Andrew, you're a moron. You wasted INK writing an internet blog. That totally makes sense.
June 19, 2009 at 11:22 a.m.
mom_of_three (anonymous) says…

to everyones_a_critic -
I don't think anyone would mind if you moved back to Columbia, and stayed.
June 19, 2009 at 11:24 a.m.
KS (anonymous) says…

If you want to ride your bike on the street, fine. Just get a bike license and be required to pay for some liability insurance to cover it. A little road tax might be in order too. Nothing different that what a motorcycle has to do. Fair is fair.
June 19, 2009 at 11:27 a.m.
consumer1 (anonymous) says…

Fine just as long as more cyclist get ticketed for running stop signes, not using signals, passing on the right, and flipping off motorist for obeying the laws. Fair is fair.
June 19, 2009 at 11:41 a.m.
SouthernBelle (anonymous) says…

I agree with both "KS" and "consumer1". Cyclists want all of the rights but none of the responsibility.
June 19, 2009 at 12:02 p.m.
Irish (Leslie Swearingen) says…

parrothead8 I agree with you. I am just trying to figure how it would actually play out in court.
Isn't tossing something out of a car littering and isn't that against the law?
I remember reading a while back how someone saw a can being thrown out of a car, and they took the tag number and phoned it in and the police tracked them down.
I guess we could all start doing that.
June 19, 2009 at 12:03 p.m.
denak (anonymous) says…

Ok this is one of my pet peeves and I will not doubt get jumped on but here it goes anyway.

No, there is no "right" to ride a bike. It is a stupid and dangerous ordinance. The majority of the time, there is absolutely no reason an individual needs to ride on the street. They should have to ride on the sidewalk. First of all, how many people do you actually see walking on sidewalk anymore. The worst that can happen to someone on a bike is that their tire catches on a crack. Even if he or she were to run into an individual walking on the sidewalk, the injuries to both of them would be far less than the injuries sustained by a cyclist if he gets hit by a car.
It is stupidity itself to think that a 160lbs guy on a bike can go up against a minivan and walk away from it. If two minivans get into a wreck at least there are safety devices on both vehicles to minimize the injuries, there are none for a cyclist.
Secondly, if it is illegal for a person on a car to drive slow enough to impede traffic, then it should be illegal for a cyclists to do so. I can not tell you how many times I have had to slow down to a crawl because a cyclist was in front of me. If you can't go the speed limit, get off the road.

Third, I would probably feel a little kinder towards cyclists if the majority of them knew what a stop sign was. Two days ago, I was downtown and yet again, a cyclist blew through the stop sign. If a cyclist wants to be on the road, then he or she should, in my opinion, have to get a liscense of sorts that proves that they know the proper hand signals and that they have the proper safety featrues on the bike and that they have a orange vest for night riding. And a helmet.

Lastly, they should get the same tickets that I get. If I blow through a stop sign, I get stopped by the cops and ticketed. So should they. If they are impeding traffic flow because they are going less than 30 miles an hour, then they should get ticketed.

As I said earlier, I know I am going to get jumped on but I am going downtown later today and I know without a doubt, I am going to see some cyclist ignoring a stop sign.

Dena
June 19, 2009 at 12:49 p.m.
kmat (anonymous) says…

Thank you Dena. Totally agree.

Had three idiots downtown last night almost cause us to get in a wreck. They were swerving in and out of traffic, going against traffic at one point and harassing drivers.

I have never seen a cop pull over a biker before. They really need to.
June 19, 2009 at 1:11 p.m.
Eride (anonymous) says…

The only thing I find silly is that there are already applicable laws/regulations/ordinances (at least in Kansas, I don't know about Missery) that cover ALL of the types of actions that the bike harassment ordinance covers.

Never mind every single one of those actions is also a tort.

Enforce what is already on the books and this goes both ways. Why don't the police start enforcing traffic ordinances with bikers? It would be nice to see bikers who don't signal, swerve through traffic, run traffic signals, ride at night without proper lighting, etc be held accountable.
June 19, 2009 at 1:19 p.m.
twosides (anonymous) says…

The problem with bicyclist is the same as with automobiles, there are some that believe traffic laws are not for them. They feel like a protected class. The trouble with a bicyclist, when they get in an accident caused by either their own fault or an automobile, they pay dearly. Everything in life has risk involved. Just as vehicles are expected to stop for stop signs, so should bicyclist. Just as it is unlawful to pass to the right of a vehicle downtown on Mass. St. for an automobile, the same is true for a bicyclist. If laws are enforced against motorist they should equally be enforced for bicyclist.
June 19, 2009 at 1:23 p.m.
BrianR (anonymous) says…

Dena, you are absolutely correct.

Bicycles don't have the right to the middle of the road and should never have that right. Ever.
June 19, 2009 at 1:27 p.m.
SouthernBelle (anonymous) says…

Very well put, denak.
June 19, 2009 at 1:30 p.m.
sinverguenza (anonymous) says…

Dena -

On Haskell the other day a biker blew right threw the 13th St. stop. A cop was pulling up to the intersection across from me but I guess he didn't notice because he was so busy picking his nose! True story.

kmat-

You can get pulled over in Germany for cycling drunk. Also a true story.

I can't believe people throw stuff at bikers. I mean, come on, who throws a Big Gulp?

Irish -

I know there's a litter hotline in Oklahoma, but I couldn't find a # for one here in Kansas. I would suggest we write our representatives, but as much as litter sucks, I don't want the state deciding it needs more of my tax dollars to set up a call center to report litterers.
June 19, 2009 at 1:34 p.m.
akuna (anonymous) says…

Okay. I have to chime in.

First, cyclists are supposed to follow the traffic laws. If they don't, they get ticket just like every other driver on the road. I've seen it happen.

Second, motorists are just as bad as cyclist about obeying traffic laws. BTW - expecting a cyclist to go 30 mph or more is just plain stupid.

Third, cyclists belong on the road. It would truly suck to ride a bike on the sidewalks. They are even less well maintained than the road, and a cyclist would have to stop at every intersection. That would be very inconvenient.

Fourth, driving on a road is not a right for anyone. It is a shared space that allows for licensed drivers, unlicensed cyclists, and unlicensed 49cc or lower motor bikes to partake.

Fifth, if you are really unhappy about sharing the road with cyclist, vote for more bike lanes, paths, and trails. Trust me, cyclist would love to have a dedicated "lane" to travel in.

Sixth, if you are throwing stuff at a cyclist (or anyone for that matter), you are an arsehole of the worst sort. Maybe intentional, hurtful actions toward a cyclist should be considered a hate crime. ;) It is obvious by the comments from some on this board that they hate cyclists.

Seventh, if you are upset about having to slow down for a cyclist, you are obviously not a very patient person. Consider moving closer to your work so you don't have to drive as much.

Eighth, this problem is only going to get worse as more and more people wake up to the fact that the car centric community is not sustainable in the long term.

Enjoy your day and saddle up.
June 19, 2009 at 1:55 p.m.
storm (anonymous) says…

Andrew writes -
I guess what bothers me most about the Columbia ordinance is that it tries to make cyclists into a protected class.
I don’t like being harassed any more than the next guy, but I don’t think I’m entitled any special rights just because I tend to get around on two wheels instead of four.

eride's post raises some good points about this article.
June 19, 2009 at 2:07 p.m.
merrill (anonymous) says…

These types of laws become necessary due to the people who create the demand..... violators of cyclist safety.

If there are no such laws on the books how can law enforcement issue a citation?
June 19, 2009 at 2:15 p.m.
kmat (anonymous) says…

akuna (Anonymous) says… Seventh, if you are upset about having to slow down for a cyclist, you are obviously not a very patient person. Consider moving closer to your work so you don't have to drive as much.

______________________________________

What a stupid comment. This has nothing to do with commuting. This has to do with jerk offs that take up so much of a lane that you can't easily get around them and they hold up a whole line of traffic.

I agree with another poster that if a car going to slow can get a ticket then why are bikes that go slow allowed on the same streets? It's not a big deal when the limit is 25 mph, but when it's 45 + and some person on a bicycle is holding up traffic, it is a safety concern. All it takes is one jerk yapping on their phone not paying attn to not notice everyone else having to slow down for the bicyclist and almost cause a wreck. Seen it happen on Clinton Pkwy.
June 19, 2009 at 2:17 p.m.
akuna (anonymous) says…

Kmat says, "All it takes is one jerk yapping on their phone not paying attn to not notice everyone else."

Hahaha. The irony is thick.
June 19, 2009 at 2:27 p.m.
akuna (anonymous) says…

Some excerpts from from the Kansas Driving Handbook.

when bicycles are present
As an operator of a bicycle, the cyclist is expected to obey all traffic laws and regulations on the streets, roads, and highways of the State. However, whether the bicyclist is operating lawfully or not, give the rider the benefit of the doubt. As a motorist you should realize that the bicyclist has the same rights and responsibilities as you.

Mutual respect for one another will aid in smooth, traffic flow. The bicycle is a slow-moving and highly vulnerable vehicle, and almost any type of collision will result in injury or death to the rider. You should keep the following facts and safety tips firmly in mind:

1. Be especially careful when passing a bicycle. Sometimes the cyclist is inexperienced; sometimes the rider may make an unexpected maneuver. Give a bicycle plenty of room, and be prepared for a quick stop.

2. Remember that a bicycle is sometimes difficult to see amid other traffic. The hours of darkness, or when visibility conditions are poor, are especially dangerous. Be watchful of cyclists along the road or intersections, and adjust your movements to allow for any turns they may make.

3. If the cyclist is traveling between you and the side of road as you are preparing to turn, be sure the cyclist knows of your intention, and is not in your path as you make the turn. If the rider is riding along the right edge of the roadway, in accordance with the law, your must wait until the cyclist slows down to allow you to turn in front of the cycle, or proceeds through the turning area before you make your turn.

to the bicyclist
Keeping three important principles in mind will help the adult bicyclist to share the road safely with motor vehicles and pedestrians: control, predictability, and visibility.

Before you venture into traffic, make sure that you have mastered the control of your bicycle; riding in a straight line, and turning and stopping smoothly. Riding your bicycle in a predictable manner is essential to your safety on the road. This means riding with the traffic, not against it; signaling your intentions clearly and in plenty of time; and choosing a path of travel which won’t result in you swerving into traffic to avoid hazards. Increasing your visibility will help to protect you on the road. Clothes of bright colors during the day, and white or yellow plastic is an excellent option; it will both protect you and make you more visible. At night, always have the required headlight and rear reflector on your bicycle; a red taillight and additional reflectors are also helpful.
June 19, 2009 at 2:44 p.m.
akuna (anonymous) says…

Continued...

bicycles
Motorists in Kansas should expect to encounter bicyclists on all state and local roadways except for the Interstate system where bicyclists are prohibited or where prohibited by local ordinance. Please be considerate of bicyclists who have rights to the roadway. Expect bicyclists to be two feet from the right edge of the roadway or curb. When passing a bicyclist use extreme caution and pass four feet to the left of the bicyclist.

minimum speed
Minimum speed limits may also be set on some roadways. Where they are posted, any speed below that is considered to be unlawful under normal weather, road and traffic conditions. Where a minimum speed is not posted, it is also unlawful to drive a vehicle so slowly as to impede or block the normal movement of traffic, except if necessary for safe operation in compliance with the basic speed law.
June 19, 2009 at 2:44 p.m.
merrill (anonymous) says…

road rules from Urbanite Magazine

You probably know these—at least, you should—but clearly it bears repeating. Nate Evans, Baltimore City Bicycle and Pedestrian Coordinator, offers a quick refresher in Urban Biking 101.

* Always ride with (in the same direction as) car traffic.

* Obey all traffic signs and signals, just as you would in a car.

* Ride 4 feet away from parked cars to avoid being “doored.”

* When it’s safe, keep right to allow faster traffic to pass.

* Use eye contact and hand signals to communicate with drivers.

* Use a headlamp or bike lights and rear reflectors/flashers at night.

* Wear a helmet and bright clothing for safety.
============================================
Drivers always assume that cyclists and pedestrians have not noticed your presence. Be prepared to slow or stop.

Cyclists ALWAYS assume that drivers and pedestrians have not noticed your presence so be prepared to react accordingly.

Pedestrians always assume that cyclists and drivers have not realized your presence so be prepared to react accordingly.

Always know that cell phone drivers pose a threat to other drivers,cyclists and pedestrians.
June 19, 2009 at 3:20 p.m.
yankeelady (anonymous) says…

Bravo to kmat and denak. On the county roads bicycles and cars are a bad mix. There are little to no shoulders and the lanes are narrow. I can't count the times I have crested a hill and found a rider in the middle of "our" lane. I don't mind sharing but I am in a car going 50-55. The posted speed is 55 mph. I also have lost count of the close calls I've seen when people have to get around the bikes (remember the speed limit is 55) and almost get hit head on. Granted, there is a time to pass and a time to wait and go 15-20 mph, especially with a pack of bikes blocking the entire lane and oncoming traffic.
And, yes, I know they are supposed to ride 2 abreast. Yeah right. I don't mind being law abiding, but the rules need to apply to everyone. Maybe more bike lanes are the answer, but from previous posts and letters, I'm not sure they would be used.
June 19, 2009 at 4:41 p.m.
parrothead8 (anonymous) says…

I hear you, Irish. I think that would be an interesting court proceeding as well.

"I did not mean to throw that bottle of Mountain Dew at the cyclist, your honor. It just slipped out of my hand and the wind took it across the cab of my truck before it hit him in the ribs."

And akuna...I'm glad someone else saw the irony. I was thinking, "So now the guy on the bike is being blamed for the idiot on the cell phone? Seriously?"
June 19, 2009 at 4:47 p.m.
SouthWestKs (anonymous) says…

akuna,

The Kansas Driving Handbook is not the law, the Kansas Statutes Annotated are the law.. The Kansas Driving Handbook use to ask you to drive on the right side of the road, the law was changed & now you can get a ticket for driving left of center..
June 19, 2009 at 4:50 p.m.
none2 (anonymous) says…

akuna (Anonymous) says…

"Third, cyclists belong on the road. It would truly suck to ride a bike on the sidewalks. They are even less well maintained than the road, and a cyclist would have to stop at every intersection."
============================
I'm sorry, but this is totally wrong. What is more important: Staying alive, or feeling righteous?

When I have ridden my bike, I rode where it was most prudent -- to avoid an accident. That means if the sidewalk is safer, you can bet I'll be on it. Streets like 6th, 9th, 23rd, Iowa, Kentucky, Tennessee I would seldom ride on the road, and only in small sections on the way to get to a safer, less traveled side street. I think someone once stated the law with bikes and sidewalks. I think the l aw is it is fine with sidewalk riding as long as you aren't within so many feet of a business. Sure, if a pedestrian is on the side walk, you need to slow down, maybe even get off long enough to let them get around.

Yes some sidewalks are poorly maintained, but considering someone important just died from a pothole in the road, what makes you think roads are better? I have yet to see potholes in concrete sidewalks. Sure tree roots can make the sidewalk uneven, brick sidewalks can get neglected, some jerks don't even know that the law states that you cannot block the sidewalk with a parked car. Still, if the sidewalk is unoccupied it is the thing to ride on when the alternative is a busy road.

The issues I see with cyclists is that they don't think safety for themselves or others (be it someone in a car who has to baby sit their behavior, or a pedestrian that better watch out.

1) If you must ride at night, dress appropriately and buy a light. Even if you don't care whether a car runs you down and kills you, at least think of the pedestrians who you don't see until the last second. That includes riding on the levee. People running or walking on the levee shouldn't almost get mowed down because you were too cheap to buy a headlight.

2) If you are too good to use the sidewalk, at least don't impede the flow of traffic. This is a big college town, not some Amish farming community.

3) If there are cars or pedestrians around, then you need to obey the traffic laws.

Finally, I would say that almost all the cyclists who frustrate drivers and pedestrians aren't the skinny people in tights with helmets, but ordinary people who who simply don't have a clue to the limitations of the bicycle or nor to the limitations of pedestrians to avoid you.
June 19, 2009 at 5:29 p.m.
laika (anonymous) says…

Cyclists have every right listed enumerated in Kansas law. For SouthWestKs, the applicable statues are KS-8-1405, 8-1586, 8-1587, 8-1588, 8-1589, 8-1590, 8-1591, 8-1592, 8-1592a, 8-1592b. Interestingly enough, they are quoted verbatim in the Kansas Driving Handbook, so in essence that is law. Drivers need to always respect cyclists, end of discussion. Cyclists are the vulnerable party on the street. They have to deal with complex road conditions (potholes, changing lane orientations, etc) while at the same time mentally keeping track of 2 ton or larger vehicles trying to pass them almost all the time.

The argument put forth that cyclist should ride on the sidewalk is inane. First, cyclists have every right to ride on the road, so there is no need to. Second, the sidewalk is not appropriate for many types of bicycles, so this isn´t even a sound argument.

Further, grouping all people who happen to ride a bicycle is ridiculous. None2´s comment includes a particularly outstanding example of this lazy argument making ¨The issues I see with cyclists is that they don't think safety for themselves or others (be it someone in a car who has to baby sit their behavior, or a pedestrian that better watch out...¨ None2, do you know or have you observed all cyclists in Lawrence, in the state of Kansas, in the United States or in the world? No, I didn´t think so. Your generalization is one of the laziest ways to a point I´ve ever seen. Other comments are riddled with this nonsense as well.

Of course, the real tragedy is that we are talking about people´s lives here, something I think people forget all to easily when they get behind the wheel of a two ton car and remember some cyclist who they felt ¨impeded the flow of traffic¨ before. As a cyclist all I ask is that you do not pass aggressively, you provide 3 feet to my left when passing, and always drive in a respectful manner. Remember, you are the one in the two ton car hurtling up behind me, you are not going to be the loser in a bicycle/car collision.
June 19, 2009 at 6:55 p.m.
numbers (anonymous) says…

Bicyclists do not pay Kansas motor vehicle tax, or fuel taxes, taxes that help pay for the roads. How can anybody rationalize they have the same rights to the road as I do, I pay taxes to drive my car.
June 19, 2009 at 9:49 p.m.
boltzmann (anonymous) says…

numbers (Anonymous) says…
"Bicyclists do not pay Kansas motor vehicle tax, or fuel taxes, taxes that help pay for the roads. How can anybody rationalize they have the same rights to the road as I do, I pay taxes to drive my car"

This is a ridiculous argument that I really get tired of hearing. A majority of cyclists in this town also own vehicles, so they are paying road taxes. Also, in Kansas the combination of road and gas taxes does not come close to covering the entire bill for road construction and repair (not to mention traffic enforcement), anyone who pays income and sales taxes in KS also pays for the roads, so yes, cyclists have every right to be using said roads.
June 20, 2009 at 7:52 a.m.