Even though many people have thanked me for a job well-done and congratulated me on a "victory", for some reason I still don't feel like celebrating.

I have also heard from several of you, both in emails and in person, that you are curious about where things stand. Here's what I know...

A recording of the July 13th broadcast has still not surfaced. Local cyclist Jasun Wurster—the man behind the picnic event and website that organized much of the protest—has contacted affiliate markets where The Playhouse is broadcast. Wurster has also connected with bike advocacy groups in those markets to inform them about the situation.

As one concerned individual trying to do what he feels is right, Wurster is doing great work and we should all thank him for his dedication to this issue.

As for the FCC? Even though they've likely received hundreds of complaints about this situation, they don't seem to be able to intervene. After this story was mentioned in a League of American Bicyclists newsletter (scroll down) I was contacted by a lawyer from Cincinnati who worked on a similar case involving Clear Channel in 2003. He got in touch with his friend who works at the FCC in Washington DC. He asked if the FCC can request the tape from the station and this was the response:

[About all the FCC can do]

"There isn't any statute or FCC rule that requires broadcast stations to either keep or supply transcripts, tapes, podcasts, or anything else. We don't even require program logs anymore. Lots of stations do keep tapes and transcripts for advertising purposes (to demonstrate, if needed, that they aired the spots bought and paid for) or if they want to collect and package the DJ bits. But there isn't any way to force or coerce the station into coughing up any of those tapes or transcripts. We have this question come up pretty regularly, and folks are pretty regularly shocked by the answer."

That's news to me.

There was some talk about filing a lawsuit against the station, but without the tape the case is risky and complex. At this point no one has stepped forward to file. Although I think a lawsuit does have some potential, I personally have decided to not be named as a plaintiff.

And what about supposed negotiations with station manager Tim McNamara?

He told me on the phone he would "do anything to make it (the backlash) stop." He mentioned possible donations, purchases of bikes for 700 kids, free airtime for bike-related public service announcements, and so on.

Since McNamara isn't too fond of me, the BTA stepped in to do the negotiating. They enlisted lawyer and BTA board member Craig Bachman to do the talking.

When I asked BTA Director Evan Manvel what the results of those negotiations were, he said that he thinks they're running some PSAs about the upcoming Bike Commute Challenge, but that he hasn't heard them himself.

I wanted to know more so I emailed Craig Bachman. I said the bike community has a right to know the outcome of the negotiations. I emailed him over a week ago and as of this morning I still hadn't heard back, so I gave him a call.

Bachman chose his words very carefully when speaking with me. When I asked what came of the negotiations he said he didn't want to "perpetuate that situation." He then questioned whether more "web chatter" was a constructive way to move forward.

Bachman refused to share the outcome of his negotiations with me (even off the record) and said he preferred to have lunch with Evan Manvel and I so we can have a "fuller discussion off the record" because "there are more moving parts to this situation than just the radio show." He kept repeating that his goal was "to achieve a positive outcome," and that "all of us have to look very critically at our actions."

I'm not sure what all the mystery is about, but I hope to learn more soon. when Manvel, Bachman and I get together for lunch later this week.

So, at this point we have no tape, no known outcome to negotiations, and I feel like the station has wiped their hands clean of the whole thing simply by doing one very savvy PR move.

I know I should probably just leave the whole thing alone and move on but I remain frustrated because the situation still feels unresolved.

We're at a crossroads with the Jammin 95.5 situation and the community is choosing to venture down separate paths.

The choices are to either negotiate for a settlement and try to work with the station in good faith or to continue to protest by any means necessary until the tape is released and can be vetted by the authorities.

No matter how you feel, one thing is clear; the community response to this issue has already had an impact on the host and the station.

Judging from P.K.'s recent on-air tone and from today's story in the Willamette Week, it seems he is sorry for what he did and that he has a new sensitivity to the safety issues and concerns faced by cyclists on the road. As for the station, they have come under pressure from advertisers, advocates, lawyers, and the community and they say they'll do "anything to make it stop" (anything that is, except allow us to hear the tape of the July 13th broadcast).

Given all this, several people have advised me to just accept victory graciously and move on. Yet for some reason I don't feel like this is over...and neither do many people in the community.

Some cyclists continue to demand and hunt for the missing recording. One of them told me she has posted a notice on Craigslist in each of the show's 13 other markets hoping someone has it in their iPod. There's talk of a special Critical Mass ride (this Friday) to the station where they will chalk, "Let us hear the tape" on the sidewalk and then have each rider sign their name.

And then there's uber-activist Jasun Wurster. He's leaving no stone unturned in his quest to organize the grassroots and to encourage the FCC to take a serious look at this issue. Wurster has published several pages on the web that include everything from details on how to file an FCC complaint, a list of the station's advertisers, a list of media coverage, and even some telling audio snippets from the Playhouse show on July 17th.

The BTA wants to focus on the positive and work with the station to begin the healing. They are working to negotiate a settlement with embattled program manger Tim McNamara that would likely include some mix of cash donations to local bike groups, some PSAs and hopefully some sort of working partnership to promote sharing the road well into the future.

There has also been talk about the pros and cons of filing a lawsuit in order to force the station to cough up the tape. This lawsuit would potentially be filed by the two cyclists that heard the original broadcast and possibly one other party. However at this point it's just an idea.

Questions linger around all these courses of action:

If the station agrees to PSAs and donations to local bike groups, what about the 13 other markets the show was heard in?

Are a few thousand dollars in PSAs and donations a fitting punishment to the dangerous on-air comments that were heard by thousands of impressionable, young drivers all over the country?

How can we negotiate in good faith with the program manager as long as he withholds the tape and lies about not having it?

Considering the potential PR spin, would a lawsuit to obtain the tape have a positive or negative impact on the safety of cyclists and our ability to work with the station as a future ally?

Should we continue to publicly protest and apply legal pressure until we get the tape to ensure that the station receives the official sanction it warrants?

Or should we cut a deal with them and just move on, hoping they make good on their promises and that they'll never do anything like this again?

What do you think?

As I mentioned last week, P.K.—the embattled radio personality for KXJM whose recent on-air comments got him into some hot water—went for a bike ride with a local reporter.

Yesterday, a commenter tipped me off that he talked about this ride on his show last Thursday. I just finished listening to the show via iTunes.

P.K. said they went on a three-hour ride that included a cruise on SW Broadway Blvd., in the heart of downtown Portland.

After the ride, it was clear he had a renewed sense of just how dangerous the streets are for bicyclists. He said he understands why cyclists get aggravated with motorists...and vice versa.

Overall he sounded like an open-minded, level-headed guy, far from the macho and inciteful "shock-jock" tone he had on previous shows.

I could tell P.K. was taking care to make this segment light-hearted and humorous (he joked about his butt being sore and how he was afraid of how the photos would turn out).

He said the ride was "interesting" and "fun" and even expressed how much he liked the slower pace of being on a bike downtown:

"The thing that's different when you're riding a bike is that you get to slow down and really see some stuff."

He then added:

"When we did the show last Thursday I was a little on the mad side, and I think that this ride definitely brought me back to see the other side."

He then made a direct reference to his comments from that fateful (and now mysterious) July 13th broadcast:

"It was a bad attempt of a joke, it angered some people and I'm willing to 'fess up."

Towards the end of the segment P.K. said he's now "in the middle of the road" and that he "understands the aggravation from both sides."

I think it's cool P.K. is now intimately aware of the dangerous riff on our roadways between cyclists and motorists and that it's a problem that needs to be solved. The question now is, how do we solve the problem and to what extent will P.K. and KXJM be a part of the solution?

Kudos to Willamette Week reporter Jason Simms for doing the ride and I'm looking forward to reading his story (and to seeing the photos of P.K. on a bike) in tomorrow's paper.

When some cyclists got wind of a Jammin 95.5 picnic event at Grant Park on Saturday many in the community urged them not to attend. There was a concern that if any cyclists showed up it would just incite the radio station's fans and tarnish an already tense situation.

Jasun Wurster disagreed. He thought a public park was the perfect place to peacefully demonstrate the community's concerns about the situation, so he organized a bike picnic. Wurster set up a website with information and notified the Portland Police Bureau to make sure they were well aware of the situation and his intentions (they were).

I wasn't sure what to make of it, so I decided not to fully promote the picnic on this site. Instead, I briefly mentioned it and gave people a link for more information.

On the day of the event I rode over with my girls to see how things were going.

Turns out it was a very positive protest. Wurster was there, along with just a few other cyclists, painting signs and writing chalk messages on the paths. He had some music playing, blankets spread out, and frisbees to throw.

Adjacent to Wurster's picnic was the Jammin 95.5 party. They had several huge bouncy castles and slides for the kids, free food, face-painting, music, the whole nine-yards. My 3 year-old jumped right in and before I knew it she had a Jammin 95.5 temporary tattoo on her arm (kids will be kids I guess.)

I surveyed the scene and noticed station manager Tim McNamara among the crowd so I decided to introduce myself.

Unfortunately, even though we've had several civil phone conversations, it was obvious that McNamara didn't feel like talking. After our initial greeting, he quickly launched into his anger at the chalked messages, accused cyclists of hate speech, then turned his back and walked away.

Meanwhile, Wurster had set up a table with free bubbles, lollipops, I Share the Road stickers and an informational flier. The flier, created by Wurster, explained why he was there on one side, and had an open letter to McNamara on the other.

Overall, I had a very positive experience and I admire Wurster's efforts in letting the station and their listeners know how he feels. At one point I even noticed him talking with a 95.5 employee as the guy grabbed an I Share the Road sticker.

For Wurster's account and photos of the picnic, check out his report.

The response was mixed.

There are all sorts of ideas about what the station should do to mend fences with the bike community; from showing up to Breakfast on the Bridges and running PSAs, to having the host bike commute for a month and issue a public apology.

Other people think that cutting a deal with the station is not sufficient and that pressure must continue to be applied until the FCC (or someone else) can hear the recording. One commenter put it this way:

"Regardless of what amends are made and what forgiveness is extended, FCC action is still needed–and lobbying the FCC (and securing release of the recorded broadcast) should not be negotiable. Why? Because federal investigation and any penalties that follow could set a precedent.

The outcome could help curtail shock-jock bullying of not only cyclists but other potentially vulnerable groups–not only here and now, but years in the future and across the country."

It's important to note that this program is heard in 13 other cities. Would the station pony-up for PSAs and donations for all of them too? I doubt it.

There are people who think this site has blown the situation way out of proportion. One comment said my handling of it has been "equally distasteful" as the host himself. Here's an excerpt:

"I think BikePortland.org needs to take a serious look at its role in this process.

What I am questioning is the way BikePortland handled this. The sense of urgency and daily updates that constantly pushed for some sort of action contributed greatly to the overall perceived problems.

You are not really any different than P.K. (as an entity) and you made some of the same exact mistakes that they did last week.

I lost respect for this site over the last few days, not gained."

I appreciate that comment and believe me, I have questioned my role in this many times. While I don't contend that I've done a perfect job, I have tried my best to both express my concern for the situation while allowing the community to act in the way they feel is most approriate.

Trust me, I could have been much more pro-active in leading a protest but I am trying to walk a very fine line between being a journalist and a concerned advocate for public safety.

I know I have not been 100% objective but that is not the purpose of this site. This site is the work of only one person (me). There is no staff, mission statement, or Board of Directors.

Now, onto the missing recording.

The broadcast of the July 13th show has still not surfaced. This comment echoes the frustration of many people in the community:

"I’d tell Tim that we will decide on the course of action once we hear the full broadcast. It has been said repeatedly that the bike communtiy is reacting to something out of context, so how can we give a proper response without hearing the whole thing firsthand?"

McNamara called me again yesterday and vehemently maintained that he does not have the recording. I have trouble discussing the issue with him because I don't believe he is telling the truth. I simply cannot accept that a radio station does not have access to a recording of their own show. McNamara has been in the radio business for 30 years and I think he's been around long enough to know that if the tape comes out, he could be in some serious trouble.

On the advertiser front, I have confirmed that Les Schwab has pulled all their ads with the station and that the American Red Cross is very concerned and waiting for the outcome to make a decision. I have unverified reports that PGE Park and the Clackamas Fire Department have either pulled out of partnerships or are considering doing so.

Plans to have cyclists show up to Grant Park during a Jammin 95.5 picnic tomorrow are also making the rounds. The Police are well-aware of the situation. They have met several times with the cyclist organizing the picnic and they have even paid a personal visit to program manager Tim McNamara.

While I appreciate and understand the intentions of having cyclists at the park, I also know it's a very tenuous situation that might not go as planned. Regardless of the good intentions, the radio people will think we're there for the wrong reasons. If you go, please be mindful and put your best foot forward.

Who knows, maybe we'll all end up playing frisbee and eating hot dogs together. That's a photo I'd love to take.

To: The Public of the City of Portland
From: Commissioner Sam Adams
Re: Inflammatory Radio Comments

July 17, 2006

An open Letter to City of Portland:

It has been brought to my attention by several concerned members of the community that the 95.5 radio broadcast of “The Playhouse” on July 13, 2006 and July 16, 2006 included a number of inflammatory statements that could negatively impact the safety of Portland. These statements may have included sentiments that news of people dying is funny. It is not. The discussion included statements to the effect of:

“When I hear on TV that a cyclist has been hit and killed by a car, I laugh; I think it’s funny,"

“If you are a cyclist you should know I exist, that I don’t care about you. That I don’t care about your life.”

Upon first becoming the Commissioner of Transportation, I set traffic safety as my number-one priority. I believe that one death on our roads is one death too many, and in Portland, we have 10% more traffic fatalities each year than murders. Last year in America (I note that the show in question is broadcast in 12 markets), 43,200 people died in traffic crashes. This was more than any year since 1990. If the USA had shared the same success in reducing fatality rates as Australia, England, and Canada, we would have had 20,000 fewer dead people last year.

It is in this light that I wish to express my extreme concern for the statements in your show that made light of the tragedy that visits families coping with the aftermath of traffic casualties. This past year alone has brought us here in Portland an unacceptable number of tragic pedestrian and bicycle fatalities – fatalities of mothers and fathers, sons and daughters, husbands and wives. While making light of these tragedies exhibits poor taste, the main concern I hold is that the broadcast may have actually encouraged people to behave in reckless and dangerous ways towards others. While I am a strong defender of freedom of speech, incitement to violence is not afforded the same protections as other types of speech.

Through our “I Share the Road” campaign, the City is working to combat road rage and promote safety and tolerance through education, engineering, and enforcement strategies that relate to motorists, bicyclists, and pedestrians. This effort is led by a coalition that includes the Oregon Truckers’ Association, AAA of Oregon, the Bicycle Transportation Alliance, the Willamette Pedestrian Coalition, Trauma Nurses Talk Tough, Elders in Action, and others. We take increasing the civility on our streets seriously. As a coalition, we have pledged to challenge statements that trivialize or dehumanize the effects of road rage.

I have had a chance to listen to some edited versions of the broadcasts in question, and am shocked by some of the inappropriate commentary I have heard. However, since the Jamn 95.5 has taken the full versions of the broadcasts off of their website’s public archives I have not had the opportunity to hear the entire unedited broadcasts. Because of this, I am calling on the 95.5 management to cooperate with community requests and provide a transcript, tape, or the podcast of the show to the public. This action would either alleviate community concern or help to foster a dialogue about appropriate action 95.5 could take to assist in efforts to improve the safety of our streets.

I hope to do what I can to help this seemingly unfortunate incident into a constructive event that may lead to something positive within our community. I look forward to continuing my work with transportation advocates of all sorts, as well as radio staff, in the case that I can be of additional assistance.

Thank you,

Sam Adams
Commissioner of Transportation
City of Portland

And on a similar note, the BTA has now made a statement via their blog.

I assumed Tim had written me off as a rogue, backstabbing blogger (this is what I had heard from other journalists that had spoken with him), but I decided to send him and P.K. one last email to see if we could work things out. I got a call-back within minutes.

Tim admitted that when he heard the comments on Thursday's broadcast he called the station right away. Tim was absolutely appalled that the show hosts clapped at the story of a cyclist being hit.

Tim apologized profusely for what was said on the show. He said, "We all make mistakes, it's how you deal with them and grow that matters."

To make amends, he told me that he made P.K. apologize on-air during Monday's "pro-bike" show and that he put P.K. on a bike with a reporter from the Willamette Week today.

I can confirm the Willy Week claim because I met with the reporter who rode with P.K. right after the ride. They did a 2-hour jaunt through downtown and it was very interesting (that's all I can say). You can catch the story in next week's issue.

Back to Tim.

He claims to have personally replied to 711 emails so far, fielded calls from several lawyers and from people as far away as Australia.

He repeatedly said, "What can I do to make this stop?! I will do anything you ask." He said he would be happy to run public service announcements, give away free bikes, donate to the BTA, and so on.

Unfortunately, according to Tim, the vast majority of the emails have been "out for blood." He read me one that said something to the effect that he should "perform euthanasia" on himself. Geez. If that's true, please mellow out folks. Your feedback to the station has much more impact if you are sensible and level-headed.

Tim claims that he has received death threats and that a few cyclists greeted him with threatening comments outside his home early in the morning on Tuesday. Tim says he chased them down and they pushed him off, kicking and screaming as they rode away.

As for the missing recording of the broadcast: It now seems to me that if it ever does surface, the station will have to release it against their will. Tim certainly made no offer to release it himself.

Tim continues to maintain that he does not have a copy of the recording and that he pulled the podcast from the web because a bottle of Rockstar energy drink (who they have $100K in ads with) was crushed on-air and he was afraid they would get upset (the show is also viewable on TV).

I think it's quite clear that the reason the recording has not surfaced is because they cannot handle any more heat (read the last paragraph of this new story in the Mercury).

So now what? It's clear to me that both P.K. and Tim are very sorry and realize they have made a big mistake and I have a hunch that P.K. is starting to see cyclists in a different, more positive light. Tim, while repulsed by what he calls the "militant, violent, and threatening" bike community, seems willing to work with us to turn things around.

I also have a hunch that the word bicycle will never be said on that show again.

Now the question for the community is, do we continue to demand an official vetting of the original broadcast and keep applying pressure until the show receives a more serious, official sanction (which might be regulatory, legal, etc...)? Or do we try and cut a deal with Tim, forgive and forget, and just move on?

If we do make a deal with Tim, what should we ask for?

I'm still not sure. It's been another long day. I think I'll sleep on it.

I have received several emails and many comments about dangerous motorist/cyclist incidents in the past few days. Many cyclists feel they might be targets of drivers who are emboldened by comments made on the radio show and who are upset at the immense response and activism against their show from the bike community.

I feel that an official response from the City of Portland or some other established and respected community organization (remember, I'm just a "rogue blogger" in the eyes of many) would go a long way toward calming things down.

I have heard that letters are being exchanged behind the scenes, but so far nothing has surfaced that is for public consumption.

If we really want to show the community that we take this seriously, and if we want to show the world that Portland stands for livability and transportation equality, there must be an official statement released.

The sooner the better.

• Yesterday, my initial post was voted to the front page of Digg.com, one of the most highly-trafficked sites on the web. Since Friday it has been viewed over 9,000 times.
• The situation has been noted in the KXJM Wikipedia entry.
• The Willamette Week has chimed in, giving the story top billing in its just-released Murmurs column. We can expect several larger stories from the media in the days to come.
• I have heard reports that the City of Portland, the City Council, and the Portland Police Bureau are very concerned about this situation will be making their feelings public in the coming days. They will also apply even more pressure to the station to make the broadcast available to the public.
• Pressure is also building on the show's advertisers as people are contacting them and asking them to reconsider their relationship with the station. So far, at least two advertisers, The American Red Cross and PGE Park, have responded.

I think the radio station is making things worse for themselves by not releasing the tape. The longer they wait, the more guilty they seem.

On the other side, employees and supporters of the show question our credibility because most of us have not heard the original broadcast. I also have a feeling that elected and community leaders are waiting for the orginal recording to surface before weighing in.

I disagree. Even without hearing the original broadcast I think we have every right to move forward and continue to put civilized, non-violent pressure on the station, their advertisers, regulatory bodies, our elected officials, and so on.

I listened to the show on Monday (the comments were made the previous Thursday) and heard callers eager to share their experience of "taking out" a cyclist. Of course the host quickly distanced himself from this, but to me that is all the proof I need that damage has been done.

Whether he admits it or not, the host's comments desensitized his listeners and emboldened them to drive more aggressively around cyclists. This is simply unacceptable in Portland.

I have also heard from three cyclists that listened to the show live and they were all shocked and appalled at what they heard. None of them have axes to grind or any reason to express their feelings other than a willingness to make sure that what they heard does not go unaccounted for.

As cyclists we deal with disprespectful drivers all the time. We will not stand for someone who uses public airwaves to disrespect our right to the road.

As a community we work hard to make our roads safe. We will not stand for someone who decides to reverse that hard work by making inappropriate comments to thousands of impressionable, young motorists.

There is a dangerously thin line between a motorist listening to insensitive, anti-cyclist comments on the radio and the death and/or serious injury of a cyclist pedaling on the road just a few feet away.

Regardless of whether or not the original broadcast resurfaces, this story will continue to develop in the coming days and pressure will continue to be placed on the radio station from every angle imaginable.

I wish this could have been worked out in a more diplomatic way. I gave the host that option but he chose to close the door. Only time will tell if he made the right decision.