E-Bike bans are all about bullying, but there are four magic words to bully back.
The first two posts in this series were all about how the Elephant wanted to increase opportunities and how the Donkey keeps violating Transportation Equity, in whichever way possible. But this time the hypocrisy is most obvious, since none of these e-bike bans is even remotely enforceable.
Meet Mork and Mindy
For this piece of critical thinking let’s look at two friends of mine. They are roommates living in Boulder, Colorado, where biking is highly encouraged. Mork is an [illegal] alien with solid leg strengths, who likes to ride his bicycle quite a bit.
Mindy used to ride with Mork, but she required knee surgery after a car crash. This made riding a bicycle rather painful at times. They were still trying to ride together but these trips weren’t as enjoyable as they used to be. He wanted to go faster, she needed to go slower and shorter distances.
Enter the Class 3 E-bike.
Buying a fairly cheap e-bike changed Mindy’s approach significantly. She didn’t want to buy a bike for commuting and another one for recreation. She didn’t want to buy a bike for fast streets, another for steep, slow trails, and a third for going to the grocery store. And she certainly didn’t want to drive anymore after that crash.
A class 3 e-bike gave her everything she needed and made riding with Mork fun again.
We would classify Mindy now as someone with physical limitations, who benefits from the occasional boost that a low-speed electric bicycle (750W, 20 mph with throttle) can give her.
Are e-Bike Bans Enforceable?
There have been several great laws regarding low-speed electric bicycles since George W. Bush was president in 2002 and President Trump took office in 2019. Federal orders from both administrations sought to reach out to people with physical limitations and provide them with greater access and opportunities to experience National Parks.
Mindy is exactly the kind of person the federal government must have had in mind when those Elephants were running it. But wherever California’s Donkeys were in charge, they messed it up almost immediately.
At first, Sacramento quickly followed up with laws intending more access to State Parks in the same manner as National Parks. But here is where Sacramento Democrats got it wrong. As often in these cases, they—totally accidentally, of course—left loopholes for local control. And we have seen what local control has done to our school districts. We have also seen what local control has done to our transit projects. We know what local control has done for transportation equity around here.
So the next part was to be expected. Almost immediately Bay Area Democrats – in several jurisdictions (Palo Alto, MidPen, Half Moon Bay, Marin County, Mill Valley, Burlingame) – discussed different forms of e-bike bans and extreme regulations. None of these e-bike bans has been about safety. None of these bans is even remotely enforceable.
E-Bike Laws are unenforceable because the Elephant said so
The Federal Elephant said:
“A low-speed electric bicycle … shall not be considered a motor vehicle.“
[George W. Bush, 2002]
Very important distinction. Since 2002, slow e-bikes have been regarded as regular bicycles. But what exactly is a low-speed electric bicycle?
“For the purpose of this section, the term ‘low-speed electric bicycle’ means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.” [George W. Bush, 2002]
This would include classes 1, 2, and 3 e-bikes.
And most importantly, there is a note saying:
“This section shall supersede any State law or requirement with respect to low-speed electric bicycles.“
[George W. Bush, 2002]
Translation: State law cannot be more stringent than this Federal law. A low-speed e-bike must be treated like a regular bicycle, not like a motorcycle. Any vehicle exceeding 1 hp (or 750 W) is outside these regulations and subject to different laws.
The Federal law and order were all about reducing confusion. This is solid governing, these are clear regulations that any police officer can act on:
- anything <1hp = treat it like a regular bicycle
- anything >1hp = treat it like a motorcycle
This is actionable, this is enforceable.
So why would any State – let alone “green” California – try to supersede a solid federal law that couldn’t be clearer on its ethical intentions? Because of this federal law, all state or local restrictions could not stand up in court. Any solid city lawyer – making $400,000 per year around here – would recommend complying, which is precisely why Half Moon Bay pulled back their ban.
But wait, there is more …
E-Bike Laws – The Four Magic Words
The four magical words that must stop any park ranger in their track: “ADA! Your name is?“
Because Federal ADA laws categorize low-speed electric bicycles as other power-driven mobility devices (OPDMD), no local jurisdiction can ban a person with disability from using them.
Because of privacy laws, no one is really allowed to ask a person about their disabilities. Few abilities or disabilities make it onto an ID or driver’s license (“must wear corrective lenses”), which means no Ranger or Police Officer could verify your particular disabilities anyway.
Basically ,ushering these two sentences makes any e-bike ban impossible to enforce:
- “It’s my ADA mobility device.“
- “What’s your name, I need that for the lawsuit coming your way?“
City staff, State Park Rangers, and even MidPen all know they cannot enforce this. To avoid the embarrassment and cost of a lawsuit, they’d better leave people on e-bikes alone.
When your E-Bike is also your Service Dog
The previous section is comparable to the fact that you now see more dogs in grocery stores.
Basically, because of ADA and laws around service dogs, a grocery store worker is only allowed to ask two questions:
- “Is your dog a service animal?“
- “What tasks does it perform?“
But the dog owner is not required to produce any documentation verifying the dog’s service animal status, nor can they be asked to prove any of their disabilities. Basically, the dog owner can make up any story they like, and the store owner or employee must pretend to believe it.
That’s why most small businesses don’t even care anymore, and you see dogs in grocery stores much more than you used to.
Now the same questions to a person with disabilities on an e-bike are obvious before even being asked:
- “Is your e-bike a mobility device?” You betcha!
- “What tasks does it perform?” Some call it ‘transportation’, I call it fun.
That is why any experienced and smart park ranger wouldn’t even dare to ask those questions anymore. Who wouldn’t like to avoid being embarrassed in public?
And which ranger would want to out themselves as the douchebag that lets Mork ride but tries to rob Mindy of her fun and exercise?
It’s all about Local Control and Local Control is often about Discrimination
Local control always benefits small thinking; it benefits the ‘me-people’ rather than the ‘us-crowd’.
It seems obvious that Mindy should be allowed to ride her ADA mobility device in the same areas Mork can. Either ban both or neither one – it’s really that simple. And if they do ban both, Mindy could still ride her ADA mobility device there and rangers couldn’t do much. If anyone bans wheelchairs from the Bay Trail, good luck fighting that lawsuit. Imagine someone finding out all that talk about equity was just for show.
Local Control always seems to forget the laws regarding Americans with Disabilities. Sidewalks, bike lanes, curbs, traffic signals, stairs, ramps, doors, gates, restrooms, restaurants – Americans with disabilities still have to fight for every right they already have. Local jurisdictions always wash their hands of their responsibility towards the ADA. But then complain about these ‘shady ADA lawyers’ catching their favorite restaurants with the pants down. We should thank these ‘shady lawyers’ for pushing ADA rights to the front news. That reminds everyone that Americans with physical limitations still have their own act.
More Information
- Trump Administration Paves Way for More People to Experience Bicycling on Public Lands
- People For Bikes: E-Bikes on Federal Lands
- MidPen’s E-Bike Politics on 160 miles of trails
- Marin County speed-related crashes top state rates
- Newsom’s climate warrior image is backsliding
- Youtube: Thinking of Buying an E-Bike Over 50?
- Youtube: This SENIOR-FRIENDLY Ebike is a DREAM!
- Youtube: Comparing E-Bikes vs Traditional Bikes: The Real Deal for Riders 50+
- Youtube: 15 Things No One Tells You About Electric Bikes!
- Youtube: Karens vs E-bikes
- Youtube: E-mopeds could be enforced already
- Bicycle Omnibus Bill: (AB1909 2022)
- CAMTB: https://camtb.org/2022/08/02/ab1909-the-omnibike-bill/
Editor’s Note: The views and opinions expressed in all blog posts are those of the authors and do not necessarily reflect those of the Redwood City Pulse or its staff.
