citymaus

15.02.2012
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Tags: policy law berkeley east bay bay area bicycles bikes news

» Berkeley's Bicyclist Anti-Harassment Ordinance becomes law tomorrow, Feb 16

On January 17th, the Berkeley City Council approved a Bicyclist Anti-Harassment Ordinance, joining the City of Los Angeles as the second city in the nation to provide specific civil recourse for harassed and assaulted bicyclists. This new ordinance becomes law on February 16, 2012.

Why is this ordinance needed?

It may be hard to fathom for those who rarely ride a bicycle, but there are drivers out there who will assault or harass bicyclists simply because they are using the road…

What does this new ordinance do?

This new ordinance in Berkeley allows bicyclists who are harassed or assaulted to take a driver to civil court. A bicyclist may bring suit against a driver who:

1. Assaults, or attempts to assault, a bicyclist;
2. Threatens to physically injure a bicyclist;
3. Injures, or attempts to injure, a bicyclist;
4. Intentionally distracts a bicyclist with the intent to cause injury; or,
5. Intentionally forces a bicyclist off the roadway.

Everything listed above is already illegal. This ordinance doesn’t create new crimes, but rather addresses the difficulty of seeking recourse. The burden of proof for criminal cases is high. Police officers and public prosecutors have been extremely reluctant to bring charges for what they sometimes consider to be “minor offenses”. Unless a police officer is on-hand to witness the incident, charges are almost never filed.

The ordinance adopted by Berkeley and Los Angeles is groundbreaking because it makes harassment and assault of a bicyclist a civil offense as well as a criminal offence. There is a lower burden of proof for civil cases as the penalties are financial and remedial. Making this harassment a civil offense also puts legal tools directly in the hands of bicyclists, letting them bring suit rather than having to go through the City Attorney’s office in a criminal case.