I had a great time celebrating the election at the Citizens for a Responsive Local Government party tonight: more about that later. Right now I want to share an interesting bicycling related interaction that I had on my way home.
The following story is made all the more interesting because of a conversation about bicycling I had at the Election Party. The person I was listening to had just returned from a visit to Europe, and she told a wonderful story about the friendliness toward bicycles in the area she visited. She told of not riding in a car for the whole duration of her stay. She said that car drivers customarily expressed an attitude and behavior of respect toward bicyclists. It sounded to me like car-drivers made a general point to give bicyclists the right of way.
Now, what a contrast that is to here in Olympia, where every time I get on my bicycle I feel like I have to fend for my life. And I worry about those cyclists amongst us who are less defensively minded. And I really strongly wish we had a safe environment to ride bikes around here.
After having a delicious cup of Sleeping Universe at SIZIZIS ($1 off tea on Tuesdays...) I stopped by the new City Hall in order to graph some photons (pictured). After that, la-dee-dah, I got on my bike and started riding East on 4th Ave toward home. I was on the left side of the street, and since I turn left off of 4th Avenue, I stayed in the left hand lane the whole way from Cherry Street until my turn-off. One-half block from where I turn off 4th (on Quince) I heard a loud voice behind me saying "Get in the bike lane." So I yelled back, "what am I supposed to do if I am turning left?"
Turns out the loud-voice was that of an Olympia Police Officer.
I was pissed. I mean I could understand it if was a private citizen. Someone just trying to give a guy a hard time - after all people do need ego reinforcement, and our society doesn't provide a whole lot of healthy ways for people to boost their self-esteem. But this was a cop.
So I stopped. I wasn't being pulled over, but I wanted to ask what's the deal, and share a piece of my mind. When the officer pulled up I said, "What am I supposed to do if I am turning left?" The officer said something like, "Well you weren't turning left three blocks ago. There's a bike lane - and it's the law that you have to use it."
So why should I have to change lanes, and cross traffic, just to ride in the bike lane for two blocks before turning left?
I told the officer that I didn't think it was true, and the officer opened the door of the squad car, and halfway started to get out saying, "maybe I should just write you a ticket." I said, yea, maybe you should (because, after all, I would look forward to having my day in court.) The officer said, do you want me to write you a ticket? I said, of course not.
I said that I still didn't believe it - that I thought there is no such law. The officer said that it is the law - and also the officer stated, "I wouldn't lie to you." The officer told me to look it up in the RCW. I didn't say what I thought of that (- a bunch of baloney.) Like I should be expected to go out of my way to look it up! The officer knew nothing of my personal circumstances, or how difficult it might be for me to look up a law like that! If the officer is such an expert, why couldn't the officer pull it up on the handy-dandy tax-payer-funded in-car-laptop-computer - or alternately, call into dispatch to have someone there look it up.
So, it just so happens that I do have the time and the ability to look up the RCW. And so, in almost no time at all, I found this handy-dandy website that has bicycle relevant RCW referenced and laid out plain (reference: Bicycle Alliance of Washington RCW - you can also reference the RCW here: apps.leg.wa.gov/RCW/).
So, thanks to a two-minute search on the Internet, it just so turns out that it is actually perfectly and completely legal for a bicyclist to occupy the left hand lane, while traveling with flow, on a one-way street. There is no requirement for a bicyclist to use the bicycle lane. None. Nada. Zilch. Nadisimo. That's it. Very plain. And simple.
So, either 1) the police officer lied to me. Or 2) the police officer doesn't know bike laws, and the officer likes to act otherwise. Or 3) the police officer likes to make up laws to suit the officer's particular fancy. Or some combination of any of those three. That's all I can deduce. I didn't get the officer's badge number.
What a sad state of affairs.
Maybe I will report this incident. Do you think that is a good idea? Would it be good to report? Would it help? I can find out who the officer was if I decide to file a report. Heck, maybe I should sue for emotional damages. I have a lot of emotional damages over the years relating to treatment by abusive cops. The abuse stretches back for years now. Certainly it goes back to when I started actively protesting this dirty rotten system that we live in.
I believe that nobody should be subjected to abuse by cops, and I believe that we need a way to hold police officers accountable for their behavior.
I sincerely dislike being harassed. Cops shouldn't ever harass people - even when people have done something against the law. But when cops harass people who aren't even breaking the law, then it's an even more serious matter - because a seriously important trust has been broken. Cops are supposed to protect people! Not abuse and harass them!
I sincerely and very deeply dislike being threatened - especially when it's by cops. Tacoma has a Citizens Review Panel. I am not sure if it works very well. But I think that it is time for Olympia to figure out a way to hold members of the police department accountable for harmful and abusive behavior.
I wish that Olympia was a City where everyone could feel comfortable bicycling. I have heard many people comment that they would like to ride a bike - but don't feel safe on the roads. It's a real shame. It is sad that people don't feel safe on bikes around here.
And it's all the more sad, additionally - it's a serious societal problem - when people are made to feel unsafe by police officers. Police officers, after all, are sworn to protect and serve.
I find it really interesting that the officer took the time to say, "I wouldn't lie to you." The officer made this statement twice. There must be something in a police officer's training that leads them to behave as if they are superior to other people. Whatever the reason - I believe lying like this is wrong, and that it is worse when people in positions of power lie, people like cops or politicians.
So in retrospect, maybe I should have said, "yes, I want a ticket." I would like to have seen a ticket for "failure to ride in the bike lane". But who knows, maybe saying yes would have put me in danger. What might have saying yes to wanting a ticket have led to... It might have been interpreted as a challenge to the police officer's power. It might have been interpreted as an insult. And who knows what would have happened then.
Who knows what is going on in the mind of this police officer, what is happening in the personal life of this officer.
Perhaps challenging the authority of this officer would have resulted in my being physically attacked. It's possible. It happens all too often. Police officers are known to commit physical assault against people who stand up for themselves under the threat of police power. So I probably made the right choice. But oh, am I pissed.
So, what do I want? I want an apology. And seeing as this is not an isolated incident (speaking of my own personal experience, this was not the first time I have been harassed by a cop while riding my bicycle,) I want an official written apology from the Olympia Police Department. In fact, I think the OPD owes the whole City an apology - for harassing people - and for acting to create an environment where so many people do not feel safe bicycling.
...People are driving around on the roads like we're in some sort of a war-zone (and thinking about it, well, maybe we are.) — Speeding is the norm, not the exception. It seems like so many people are in a rush - and it's all the time. I think that it's terrible, rotten, and no good. So, please people, slow down. You maybe taking your rate of motion for granted. But please, wake up! And slow down!
And while you're at it, please, why don't you show some respect for cyclists. Share the road, especially you police officers! After all, we're all human!
Comments
quit whining, those of us
Lost in all this is the fact
Berd,
The next meeting will be on November 18th at 6:15p.m. in the Associate Building Conference Room at 825 Legion Way, SE.
Bike laws & Higher Ground
I wanted to add my two cents in: From the Washington State Bicycle Traffic Laws brochure I produced with help from the WA Traffic Safety Commission:
RCW 46.61.770 Riding upon roadways and bicycle paths.
(1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe. A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists.
2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
The law specifically has the word "MAY" and not "SHALL" in it. Therefore cyclists are not required to use any provided facilities.
Furthermore,while cyclists are required to travel as far right as is SAFE, they are not required to ride as far right as is POSSIBLE. The two are very different.
Lastly, as mentioned above, on multi-lane one-way streets, a cyclist may ride as far LEFT as is safe.
Regarding what to do about the treatment you received, Berd, I have some thoughts. Unless you taped the conversation, you can't prove that the officer anything in particular. I believe you, but in terms of getting a response from OPD, you probably wouldn't get anywhere. But more importantly, ask yourself what is the best outcome? Is it a flavor of revenge, or is it that all OPD officers truly understand the law and apply it in an unbiased fashion? I think I know you well enough to assume it's the latter (and I admire that about you).
With that said, I suggest a well thought out letter that you can deliver in under three minutes at City Council Public Communication. Council and staff and viewers will be more aware of the law as well as a need for enhancing officer training regarding cyclists' rights. I would be happy to help in drafting that or proofreading it. Thanks for your consideration.
____________________________
- Larry Leveen
I'm a little late to the party
but I came across a pretty interesting article today that I think is pertinent.
http://www.slate.com/id/2234011/pagenum/all/ While this article discusses the tension between pedestrian and auto, it relates just as well to bicycle and auto and how cars have come to dominate the roads and all other users have been declared dangerous nuisances. This wasn't always the case.
"The very word jaywalk is an interesting—and not historically neutral—one. Originally an insult against bumptious "jays" from the country who ineptly gamboled on city sidewalks, it was taken up by a coalition of pro-automobile interests in the 1920s, notes historian Peter D. Norton in his book Fighting Traffic. "Before the American city could be physically reconstructed to accommodate automobiles, its streets had to be socially reconstructed as places where cars belong," he writes. "Until then, streets were regarded as public spaces, where practices that endangered or obstructed others (including pedestrians) were disreputable. Motorists' claim to street space was therefore fragile, subject to restrictions that threatened to negate the advantages of car ownership." And so, where newspapers like the New York Times once condemned the "slaughter of pedestrians" by cars and defended the right to midblock crossings—and where cities like Cincinnati weighed imposing speed "governors" for cars—after a few decades, the focus of attention had shifted from marauding motorists onto the reckless "jaywalker." "
You felt bullied by that
My general opinion of
Maybe...
...we should wait for Berd to pursue this before, oh, I don't know, listening to a one-sided story?
But the general tone of this thread sucks. Laurian going off all F bomb, again. What is that, 3 times today? Where's Sarah and Berd when you need them?
whining?
just pass nicely is all I ask-
-I'll be sure to do the same when I'm behind the wheel
you sir, are probably correct
Good idea.
Best Outcome
Larry, thank you for your clear and thoughtful comments. I agree with you about the best outcome, and I am heavily biased in the direction of restorative justice, as opposed to punitive justice. I don't want revenge, and I mean that truly and from the bottom of my heart. What I really want is to educate the OPD and the public about the law, and bicyclists' rights. What I really want is to work toward reconciliation (restoring friendly relations) and healing the relationship between OPD and Bicyclists.
So, I think your suggested approach of a well thought out statement for delivery during City Council Public Communication is probably the best way to go.
I think the best outcome would be to show how the officers' actions affected me. I was really hurt, and aggravated. I just don't want to have to go around in fear of the cops. And I don't want anyone else to. Bicyclists, pedestrians, or anyone who is "different" for any reason.
The best outcome would be to forge a consensus amongst the people of the city in the belief that in the future, no one, bicyclists or anyone else, should ever be subject to harassment.
Due to the fact that I was harassed, (and because this was NOT the first time, and because other people get harassed all the time) I think filing a police report of this incident might very well also be appropriate. I do feel it would be appropriate in this case to ask for an apology, since the police officer 1) abused me, 2) threatened to write me a ticket, and 3) intimidated me with a posture of physical violence, all under the color of law.
I don't think that filing a report would mean that I am seeking revenge in any way. I just want the harassment to stop. And I want the OPD to stop behaving as if they are superior. The OPD has a job to perform, if they can act as servants, rather than as bullies, then Olympia would be a better place.
But you might be right - that it might be better to ignore the serious allegation of misconduct approach, I have filed a report about serious misconduct before - only to find myself feeling more intimidated, bullied, harassed, and distressed as a result. But this is a different situation than that. So I don't know. It's sad that people are made to fear those who are sworn to protect.
I very well may decide to do both, that is, to file a report and provide testimony to the Council regarding the hurtfulness of the police officer's behavior.
I just wish that cops wouldn't act as if they are superior, and that they wouldn't abuse, bully, or harass people.
Fantastic author
wilson
Berd is lying?
I said that? No. I said
I said that? No. I said what frankly should have been said from comment one - file the complaint, let the officer respond, and then match up the facts. That's the only way to be impartial.
Look at the title, "Bicyclists Shoud Have the Right of Way." Really? How about we share the road, huh?
I missed something...
You got that from my
I'm Sorry
Ehver Green, it seems to me like you feel threatened by my advocacy of bicyclist rights. I am sorry about that.
Not at all. I support
Not at all. I support bicyclists and their right to a shared road.
Is it really so tough?
Just relax and give pedestrians and bicycles the right of way like you're supposed to. You and your "accelerator-pedal to speed up / brake-pedal to slow down" car have it a hell of a lot easier than they do!
Having been both a cyclist and a driver... when I'm driving and get behind a bike I always try to remind myself how much easier I have it in the comfortable seat of a motorized vehicle. Thus I remember to give them all the room, time, and respect they deserve. They're the one's really putting their physical all into the process of traveling, after all.
Additional Thanks
Also, thank you for your support on this issue Larry.
BPAC Testimony
Thanks for the invite Rob. I may take you up on your suggestion. The only remedial action that I want is for the police to stop harassing cyclists, and to start enforcing laws in a way that makes it safer for all people; people of all shapes, sizes, colors, hair styles, and abilities to feel safe riding bicycles anywhere, anytime.
Bobby
You're not late, you're on OlyBlog time which is in another dimension.
Thanks for the book review! That whole brief period where horses and motor vehicles shared the road, where the old agricultural days and recognizable modern industrial times co-existed on the streets is a ray in time worth highlighting.
Guy with a gun and a badge
I ride every single day in
a pair of what?
Pair of Hemispheres
Maybe Wilson was referring to the dual hemispheres of my brain. ^_^
You know
What I Want
What I really want is for cops to stop abusing, intimidating, bullying, harassing, and threatening people.
What I want is for cops to start protecting all people equally.
So, dear Mr. "I wouldn't lie to you," I want an apology, for myself, and for all of the people you have bullied, harassed and abused during your time in "service."
I am here because I care.
RCW Stupidity
Some RCW stupidity: it's legal to ride intoxicated, but illegal to ride without one hand on the handlebars.
police
I get the feeling that there was some major shift in police training in the past ten years or so, maybe something to do with the whole concept of "terror" and "homeland security" so that now there's an aggressiveness in their stance. I grew up with the whole idea of the police as my friend and it is not so anymore.
On the other hand, I have a hard time believing that it is legal to ride intoxicated. I'm sure it isn't in Oregon, have a hard time believing it's legal here.
Yep, it's legal
A cop Lie!?!
Well I never!
You should report this Berd and you have.
Seriously???
Seriously, PapaDog?
Report it.
I don't bicycle around town - all of where I go downtown is within walking distance, so a bike would be more headache than help. However, I run into a similar version of this I-get-to-do-it mentality: police officers can and will happily speed through a crosswalk as I am in it, less than one lane away. Yet, they will also write someone a ticket for not stopping at the crosswalk. I could understand their rush if they had sirens and/or lights on, and I would not enter the crosswalk in that circumstance. But if they haven't decided that it's urgent enough for lights, then it's not urgent enough to break traffic laws. I've reported this before and I will report it again. The last time it happened I could have reached out and touched the car. The officer called me and apologized. There's no reason you should not get an apology in this case as well. It's legal for you to participate in the flow of traffic, it's safer than moving into and out of the bike lane and it's the sensible thing to do.
get 'em on bikes
My moment was watching cops ride all over the grass at Sylvester Park during a community event (which is a no-no).
<but>
I think the way-to-go would be encourage OPD to put more cops on bikes, then they could feel the love "firsthand".
The RCW says:
"A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe."
If you were tooling up 4th in the middle of the left lane and moving slower than traffic, you were probably not complying with trafic laws. The cop, on the otherhand, was wrong about the bike lane requirement. You should send the Department a friendly email notifying them of this lapse in knowldedge and training.
I wonder though,
You must really love riding your bike
You seem to have all kinds of issues with bike riding and people abusing you or not being aware of you, but you still seem to ride. You must really enjoy your bike.
There's another thing...
Oh I think it's a transportation thing as well
Read this book!
Seriously, I can't recommend this highly enough, even if you just check it out of the library and skim: Bicycling and the Law. Covers all the biggies: where you can and can't ride, helmet laws, BUI, etc. For most things he even goes into some detail about the differences from state to state. (Ie, biking while drunk, riding on the sidewalk, riding w/out helmet? All totally legal in most parts of WA. Not recommended, necessarily, but legal. OTOH, you are required to use a headlight when riding at night.)
He also offers some specific advice about how to handle police who are clueless about bicycling law, which apparently is many/most of them.
And IIRC, in the forward Lance Armstrong writes about being buzzed/forced off the road by jerks in a big truck in Texas. Crazy.
in general
Hey E!
The best thing we can do is not treat each other as a generalization...
...we are all individuals, so let's treat each other with respect and drop the stereotypical generalizations that polarize folk.
That said, please read the book ya'all =).
you are probably right....