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Friday, August 29, 2008

Cyclists win a battle in Iowa

The Des Moines Register reports today that Iowa county roads will stay open to group bicycle rides, and a big reason for that is the newspaper itself.

The Register, of course, is the driving force behind RAGBRAI -- the Register's Annual Great Bicycle Ride Across Iowa. A fatality and lawsuit tied to the 2004 edition ride prompted Crawford County to ban large group bicycle rides and the Iowa State Association of Counties to seek state legislation and county ordinances aimed at regulating group rides.

David Vestal, the association's lawyer, told the Register that concessions by the newspaper addressed the issue. RAGBRAI officials will rewrite waivers signed by bicycle rider and will purchase liability insurance that covers counties along the statewide route, he said. The Register story did not say how much insurance coverage will be provided to the counties.

The fallout from the lawsuit also had led to these actions:
  • The association lobbied for state legislation that would have barred bicycle riders from collecting damages from counties and cities for most accidents. It failed to win approval.
  • The association then urged county officials statewide to adopt tough ordinances to regulate organized bicycle rides. The sample draft ordinance that the association wrote would require the sponsors of any qualified bicycle event to purchase a $1 million policy that also covers the county. Violators would face fines of at least $750.
  • In Hardin County, the Board of Supervisors approved an ordinance in July that declared the county's roads were not designed for bicycles. Groups of 10 or more bicyclists must obtain at least $1 million in liability insurance, and they can be fined $750 for first-time offenses.
  • The Dallas County Board of Supervisors considered a similar proposal in June, but it was shelved amid stiff opposition from bicyclists.
Hardin County board members will meet at 10:30 a.m. Tuesday at the Hardin County Courthouse in Eldora to consider repealing its ordinance. Supervisor Jim Johnson acknowledged that the ordinance has been unpopular with bicycle riders, but he said county officials were concerned about protecting county taxpayers.

"If RAGBRAI has this covered, then we are satisfied," Johnson told the Register.

It's good to see the counties association back down from the harsh stand. Had more counties passed the ordinance, it would have been somewhat crippling for RAGBRAI but catastrophic for smaller bicycle clubs and other organizations that hold group rides.

The Register, which is owned by the Gannett newspaper chain, probably would have had deep enough pockets to afford the insurance, even with the shaky economic state of the newspaper industry. But lots of smaller groups wouldn't have been able to afford the policies.

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Thursday, July 24, 2008

Ha, ha, very funny ... NOT! Tacks flatten tires at RAGBRAI

Some slackers desperate for laughs decided it would be really hilarious to throw tacks on a country road near Nevada, Iowa.

Well, dozens -- if not hundreds -- of participants on RAGBRAI, the Register's Annual Great Bicycle Ride Across Iowa, aren't laughing. And neither am I.

Scores of RAGBRAI bicyclists had to detour to repair trailers Wednesday morning after pranksters spread tacks across Story County Road E41 -- an old alignment of the historic Lincoln Highway -- outside Nevada, the Des Moines Register reported. Nevada is about eight miles east of Ames, the home of Iowa State University.

"We changed 100 easily, and we didn't even do them all," bike shop owner Tom Letsche told the Register while pointing to a pile of inner tubes next to his equipment van.

Officials eventually managed to clear the tacks, but not before cyclists spent hundreds of dollars to buy new tubes at $5 a pop. The Register story did not mention whether there were any suspects.

Here's links to Des Moines TV station's coverage of the flat tire debacle:

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Thursday, June 26, 2008

Bicycle battles in Iowa

When supervisors in Crawford County, Iowa, banned RAGBRAI, the Des Moines Register's Great Bicycle Ride Across Iowa, it spurred a debate between counties concerned about liability issues and cyclists who are asserting their rights to ride on Iowa roads.

On Saturday, nearly 100 cyclists staged a protest ride against the RAGBRAI ban.

Crawford County supervisors voted to ban the annual ride last fall after settling a lawsuit with the family of a rider who died in 2004. The lawsuit claimed the county was negligent in its road maintenance, but since the case never went to trial, that was never determined.

"I don't understand what they are so upset about," Crawford County Board Chairman Dan Mulbauer told The Daily Nonpareil of Council Bluffs. "We are not against the riders. We need to have some liability protection. We can't afford another $350,000 lawsuit from someone saying our roads aren't good enough."

In response to the liability issue, the Iowa State Association of Counties drafted a sample draft ordinance that requires all bicycle rides to provide a certificate of insurance. It would require the sponsors of any qualified bicycle event to purchase a $1 million policy that also covers the county. Violators would face fines of at least $750.

You know cyclists are in trouble when you read the first section of the draft ordinance: "County roads are not designed for bicycles. According to the National Highway Traffic Administration, bicycling results in more emergency room admissions than any other sport or activity. Large organized bicycle events that use County roads create a unique risk of injury to bicycle riders. Allowing such rides puts the County, and County taxpayers, at risk for lawsuits and large damage awards."

The draft ordinance (Word document) goes on to say: "The County wants to encourage large organized bicycle events, while at the same time protecting the County from liability. The County has a legitimate interest in protecting itself from liability for injuries associated with the use of County roads. The best way to do that is to require that large organized bicycle events procure insurance that includes the County as an additional insured."

On Tuesday, dozens of bicyclists persuaded Dallas County officials Tuesday to reconsider an ordinance that would require liability insurance for any organized bike ride with more than 20 riders that is based upon the group's draft ordinance, the Des Moines Register reported..

County supervisors delayed a vote on the proposal, which has met resistance from cyclists who say it would hinder cycling clubs and charity fundraisers that can't afford policies.

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Friday, January 25, 2008

Liability shadow hangs over RAGBRAI

Most Iowa communities want to be a part of the Register Annual Bicycle Ride Across Iowa -- better known as RAGBRAI -- because the annual bicycle tour brings thousands of dollars to their communities.

The 38th edition of RAGBRAI starts July 20 in Missouri Valley with stops in Harlan, Jefferson, Ames, Tama-Toledo, North Liberty and Tipton before ending in Le Claire on July 26.

"We've seen towns that get 20,000 to 30,000 people," T.J. Juskiewicz, the ride's director told the Des Moines Register. "That's a lot of dollars. The economic impact, some towns have told us, is $2 million."

But not every local government is thrilled about the ride. This summer's ride doesn't pass through Crawford County, where the county's board of supervisors passed a resolution in October banning RAGBRAI or "any event of like kind and nature," the Register reported.

The supervisors approved the ban after it paid a $350,000 insurance settlement to the widow of a RAGBRAI rider who died in 2004. The rider was thrown from his bicycle after hitting a center-line crack on a Crawford County road.

The Register goes on to report that many county officials want the Iowa legislature to address the problem this year by providing an exemption for future court cases involving bicycles on county roads.

To me, it sounds a whole lot like the 1998 Illinois Supreme Court ruling that made bicyclists permitted, rather than intended, users of Illinois roads. The ruling held that local governments are liable for bicyclists' safety because of road condition only on streets marked or signed as a bike route.

I certainly understand the counties' desire to avoid liability, and I certainly understand that some road conditions that are unsafe for cyclists, including a crack in the middle of the pavement, aren't necessarily unsafe for drivers of cars, trucks and tractors. But my experience cycling on roads in North America tells me that the roads that are substandard for bicycles often are substandard for motorized vehicles as well.

A better solution would be one being offered by Iowa state Sen. Bill Dotzler. The Register reports Dotzler plans to introduce a bill in the Iowa legislature that would enable counties to get state grants to repair the roads.

Of course, that would involve spending money, but spending money to make roads safer for all users -- including cyclists -- seems like a wise use of taxpayers' money to me.

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