Tour de Frankfort, Stage 4: exhausted

Today marked another major learning experience. After over a year of trying to get meetings with legal experts regarding the problems of pedestrians and bicyclists struck by motorists, suddenly David Morse and I found ourselves in a room with two key legislators and six of the leading (and most influential) legal minds in Frankfort, to discuss House Bill 88. It quickly became apparent that House Bill 88 is dead for this session. We got new hope, though, of resolving some of the conflicting legal interpretations that have confounded us since the beginning of this campaign.

I still don't know who called the meeting or assembled the invitation list, but Rep. Jim Wayne and Pierce Whites were prominently involved. Pierce Whites serves as general counsel to House Speaker Greg Stumbo, and formerly served as Deputy Attorney General under Stumbo. Also present were House Judiciary Committee Chairman John Tilley, a lawyer from Kentucky State Police, the state's Public Defender, and two key staffers of the Legislative Research Commission (both lawyers, one a leading expert in Kentucky criminal law). Obviously, David and I knew less about the law and about the legislative process than the others present.

I'm too exhausted to give a fair accounting of this meeting now, but wanted to give you the capsule update. House Bill 88 is dead for now. The key sticking points are:

1. the idea that existing laws already cover most or all of the cases of concern to us; and
2. the belief that reckless driving resulting in collision with a pedestrian or bicyclist is not so grave as domestic violence or DUI, the only two exceptions in the Kentucky law that otherwise requires a law enforcement officer to witness a misdemeanor in order to issue a citation or make an arrest for it. Lacking this gravity, legislators and law enforcement officials do not want to allow police officers to cite crash-causing reckless drivers without witnessing the crash.

This first opinion marks a stark contrast with the repeated statements of Louisville Metro Police Department officials. The panel of lawyers assembled in Frankfort today seemed amazed that we had been told that police and prosecutors had no options to prosecute the drivers who hit Chips Cronen and Cynthia Flowers, for examples.

Rep. Wayne remains committed to our cause. Rep. Tilley agreed to hold a meeting of the Interim Joint Committee on the Judiciary this summer to address our concerns. Reps. Wayne and Tilley will invite to testify at least one prosecutor and at least one police official, to gain clarity on the lack of prosecutions of apparently reckless drivers to whom various existing criminal statutes would seem to apply. Perhaps we will decide that the answer lies in educating police officers and prosecutors rather than in changing the law. Perhaps we will decide to pursue a change in the law, but take a different approach than used in HB 88. Perhaps we will decide that HB 88 does exactly what we need, and that we merely need to build and apply a stronger citizen advocacy network to pass it. I'm open to any of these options. You can be sure, though, that Bicycling for Louisville will not abandon the cause: Everyone in Kentucky, especially pedestrians and bicyclists, will benefit from a drastic reduction in reckless and inattentive driving. We will not likely see this drastic reduction without serious real-world penalties for reckless drivers who hit people.

Tour de Frankfort, Stage 3: stuck in the pack

The statistical brief from yesterday's visit to Frankfort for House Bill 88:

Number in Bicycling for Louisville delegation: 5 (a new record)

Number of conversations with legislators: 6

Number of new cosponsors for HB 88: 0

Yesterday, David Morse, Fred Crismon, Dennis Pastor, Ron Schneider, and I went to Frankfort in an effort to influence Rep. John Tilley, chairman of the House Judiciary Committee, to schedule a hearing and vote on HB 88 in the Judiciary Committee. Without this, the bill will die in committee, never going back to the House for a vote. Based on our conversation with Rep. Tilley a week ago, we knew that we faced an uphill climb.

We hoped to influence Rep. Tilley by getting other members of the Judiciary Committee and the House Democratic leaders to urge him to have the Committee act on HB 88. Three committee members told us yesterday that they would ask Rep. Tilley to do so. A fourth seemed so discouraging about the bill's chances that I chose not to ask her to speak with Rep. Tilley. House Speaker Greg Stumbo and Speaker Pro Tem Larry Clark did not make themselves available to meet with us yesterday. I don't hold this against them - they both have many more powerful organizations and individuals seeking their time on behalf of other issues. We have no idea whether they support or oppose HB 88, if they have thought about it at all.

I left Frankfort yesterday wondering whether our window of opportunity for HB 88 had passed. With the Judiciary Committee not acting on the bill this week, I knew that we might not have enough time for the bill to make it through all of the necessary steps before the end of the short legislative session.

A phone call came a half-hour ago giving me new hope for passing the bill in the current session. Rep. Jim Wayne, the sponsor of the bill, just planned a meeting tomorrow with some key legislators, leading legal experts in the Legislative Research Commission, and outside interests with a stake in the bill. Bicycling for Louisville will have a seat at the table. He hopes that we can work out compromise language to resolve legal issues raised by some members of the House Judiciary Committee. Rep. Wayne would not have added this meeting to a very busy schedule if he considered it hopeless to pass the bill in the current session.

I will prepare myself to represent clearly the aims of the bill and how we hope it will work with existing statutes. Even if we succeed tomorrow, our bill faces several other challenges before it can pass. After yesterday's disappointments, the meeting tomorrow is a cause for hope.

I thank David, Fred, Dennis, and Ron for spending several hours yesterday lobbying as citizens for HB 88. If we have success tomorrow, Bicycling for Louisville will put out a call for citizens to join us in Frankfort next week to show support for HB 88 at the crucial Judiciary Committee hearing. Stay tuned to our website for updates!

Tour de Frankfort, Stage 1 results

When in Frankfort with friends last week to lobby for House Bill 88, I realized that our legislative advocacy effort had much in common with a stage race. Many months of preparation took place before we made our first appointment to visit a legislator, just as a racer puts in months of training before entering a race. The effort to pass this bill will unfold over several weeks; each day's results contribute to the overall cause, but a single day's success or failure usually does not dictate the outcome. If we do not win this year, "there is always next year" as in racing. Those of you who follow bicycle racing might think of this post in the same light as blogs kept by racers between stages of stage races. I'll keep it short in order to get back to work on the campaign.

HB 88 defines a new criminal violation, "vehicular assault of a bicyclist or pedestrian," as a vehicle operator hitting a bicyclist or pedestrian while driving recklessly. It authorizes law enforcement officers to issue a citation or make an arrest for this violation on the basis of probable cause (in other words, good reason to believe that the violation has been committed). Current law prohibits officers from issuing citations or making arrests for non-felony traffic infractions unless they witness the infraction, except in cases of DUI. For this reason, police rarely file charges when bicyclists are hit, regardless of the severity of injury suffered by the cyclist. HB 88 would change that.

We visited several members of the House Judiciary Committee, which must report favorably on HB 88 in order for it to progress to the full House of Representatives. Three legislators decided to cosponsor the bill, and three others said they would consider supporting it, perhaps with some modification. It was clear to us that face-to-face conversations with the legislators helped us make the case for the bill and build support for it. We learned quite a bit by listening to them, too. I would say that we had a very good day for Stage 1.

Stage 2 takes place on Friday, when we return to Frankfort to meet Judiciary Committee chairman Rep. John Tilley (D-Hopkinsville) in hopes of winning swift committee action on the bill. The legislative session lasts only three more weeks, with the committee meeting probably three more times. We have a small window of time in which to get the committee to act on HB 88. For now, our full effort must go toward winning the support of Rep. Tilley and Judiciary Committee members. If that goes well, we will return to Frankfort to lobby the entire membership of the House. If our work with the Judiciary Committee does not bear fruit, our race is over... for this year.

Learning from the best and brightest

Some of my recent posts have suggested ways that officials in greater Louisville and elsewhere in Kentucky and Indiana could improve bicycling conditions and traffic safety by adopting innovations proven elsewhere. I am following my own advice. From last night through Tuesday morning, I am attending the Leadership Retreat of the Thunderhead Alliance for Bicycling and Walking, the North American network of bicycle and pedestrian advocacy organizations. The organizations represented here range from embryonic (not yet incorporated, with no staff or membership) to established and powerful (up to 30 years old, with staff of up to 40 people and annual budgets of up to $3 million). Each person here is passionate about expanding and enhancing walking, bicycling, or both, and all of us have experiences and wisdom to share with each other.

At the Thunderhead retreat, I learn what our peers throughout North America have done to develop good relationships with partners in government, industry, and the media, to pass legislation strengthening the rights of bicyclists and increase funding for bicycle-related projects, and to serve the needs of cyclists in a wide range of communities. We inspire and educate each other, sharing what has worked well and what has fallen flat. We also give each other moral support to face challenges and stay true to our visions of our states and cities taking full advantage of the transformational possibilities of bicycling and walking. The retreat is taking place at a beautiful retreat center on Bainbridge Island, WA.

On Tuesday, most of us (including myself) will take the ferry to Seattle for the ProWalk/ProBike Conference of the National Center for Bicycling and Walking. This conference will have a more technical tone, with presentations describing leading research and practice in areas of urban planning, design of bicycing and walking facilities including roadways, and public education and other programs to encourage safer walking, bicycling, and driving. People who have led the development and use of street designs that I have recommended in this blog will be on hand for informal discussions as well as formal presentations.

Both of these events give me a chance to learn about the state of the practice and bounce ideas around with some of the most experienced practitioners in North America. They energize me for my work back home, and send me home with ideas, information, and contacts to make that work more effective in making bicycling safe, enjoyable, and convenient. As the week progresses, I'll share high points with you.