the public has the legal right to
ride a bike on paths like this one
on Hayden Island.
(Photos: Marcus Griffith)
The sometimes complicated rules that govern public use of private pathways is at the heart of a recent incident between a group of people cycling and a resident of Hayden Island, community situated in the Columbia River between Oregon and Washington.
North Portland resident James Wota and two friends were out for bike ride into Vancouver when they opted to stop for lunch at Lotus Isle City Park. After lunch, they noticed some enticing paths and started to explore them on their bike.
“We got on the trail by the [Red Lion] hotel and were biking east when we got stopped by a woman who told us we couldn’t bike on the path because it was private property,” said Wota.
“She told us that we were trespassing and if we didn’t leave the path immediately, she would have security arrest us.”
— James Wota
The woman was later identified as “Meredith,” a self-described condo owner on the island.
According to Wota, he and his friends dismounted their bicycles per Meredith’s instructions and continued on their way. About an hour later, Wota and company met Meredith again. This time the interaction turned unpleasant.
“She told us that we were trespassing and if we didn’t leave the path immediately, she would have security arrest us,” said Wota. According to Wota, when he pointed out he and his friends were walking their bikes as she requested earlier, the woman allegedly become upset and screamed at him.
“She yelled ‘you people don’t belong here’ and pulled out a phone and started to call someone,” said Wota. At that point, Wota and his friends, left the path and continued into Vancouver.
Wota says he is “confused” about why he and his friends were stopped.
“I don’t know why we got threatened when there were lots of people [walking on the path] and there were people actually biking that didn’t get yelled at,” Wota said.
Four days of contacting Hayden Island residents and Home Owners Associations hasn’t clarified that matter either.
When contacted, Meredith stated she “didn’t have to have a reason to tell people to leave.” She declined further comments and instructed me to vacate the area when I asked for her last name.
At this time, it isn’t certain if Meredith has legitimate authority to revoke anyone’s right to use the path way. Requests for copies of the covenants, conditions and restrictions (CC&R) that govern public access to the private paths were denied by the Home Owner Associations. Those rules should list who has the authority to ban people form the path way.
The complex nature of right-away on the island appears to even confuse locals.
“It’s complicated… I live [on the island] and can’t tell you which sidewalks are public or just allow public access,” said Hayden Island resident Kathy Whaley.
Part of the confusion is due to the path along N. Tomahawk Island Drive east of Lotus Island Park looks like a public sidewalk, but is posted with signs stating it is a private path.
Regardless of the right-of-way issues, conflicts between the public and property owners are “rare” or “infrequent,” according to island residents. Hayden Island Neighborhood Association board member Victor Viets somewhat humorously compared the annoyance of dealing with the occasional scofflaw cyclist to that of dealing with the island’s wildlife.
“We do occasionally yell at bikers because the path is too narrow for riding. Most just get off and walk their bikes. No problem. We also yell at the geese who leave a big mess on the path and lawns,” Viets stated via email.
The City of Portland is currently reviewing the right-of-way issues on the Island. A response is expected later this week.