“Biketown continues to show us that we can make biking available to everyone.”
-Commissioner Jo Ann Hardesty
With a month and a half left in the year, Portland’s electric bike share system Biketown can already declare 2022 a huge success. After starting the year off with a major expansion into north and east Portland, Biketown’s trajectory has been unstoppable this year. Thanks to a confluence of factors — ranging from skyrocketing gas prices to more awareness of the Biketown for All reduced price program to an overall embrace of electric bicycles as car alternatives — bike share in Portland has never been more popular.
To put some numbers on it: over half a million trips have been taken on Biketown so far this year. This surpasses the previous annual ridership record of about 400,000 set in 2018 (back when the bikes weren’t electric).
We covered many of the major moments on Biketown’s 2022 highlight reel which give some insight into the efforts the program took to get more people on their bright orange bikes. One of the first signs of the bike share system’s growth took place during Earth Day weekend, when the program shattered their previous daily records after allowing everyone to ride free of charge for three days (it didn’t hurt that weekend was sunny and gorgeous).
Data from Ride Report shows how far Portlanders traveled on Biketown in 2022. (Source: Ride Report)
As their user base grew larger, it also diversified, which they program proudly announced in a report this spring. Then Biketown ramped up their outreach efforts throughout the summer. They set up tents at Sunday Parkways events, sponsored Pedalpalooza rides and teamed up with non-profit The Street Trust (TST) to draw more people into Biketown for All so they can ride for free (or almost free). We even spotted some local politicians on the orange bikes at the Blumenauer Bridge opening.
In a press release from the Portland Bureau of Transportation heralding Biketown’s big year, PBOT Commissioner Jo Ann Hardesty expounded on the program’s success.
“Biketown continues to show us that we can make biking available to everyone when we work together to prioritize community members who need green, affordable transportation the most,” Hardesty said.
TST’s André Lightsey-Walker, who’s been leading the non-profit’s outreach efforts with Biketown for All to increase transportation equity in Portland, told BikePortland the work has been enlightening.
“Yes, we need more bikes, but we also need to make sure that the people who would benefit most from having access to them are able to do so seamlessly within the system we already have.”
– André Lightsey-Walker, The Street Trust
“This year’s record numbers prove that there is high demand for the expansion of Portland’s bike-share system. The Street Trust’s partnership with Biketown and Lyft offered a ton of insight into what needs to be considered as the system grows,” Lightsey-Walker said.
However, some advocates fear Biketown has a major blind spot holding back its success: supply and demand. As ridership increases, it appears the program has struggled to add new bikes to its fleet at the same pace. Especially during the summer months, it was very common to see stations completely empty of bikes, which obviously inhibited some people from renting them. But even as Biketown excitedly shares their impressive ridership statistics, the program still doesn’t appear to have plans to expand its inventory. During the rainy and cold winter, this may go unnoticed, but once the weather warms up again it seems likely they’ll have to address this dilemma.
Lightsey-Walker said he thinks outreach to low-income Portlanders and increasing supply of bikes should work in tandem with each other.
“Yes, we need more bikes, but we also need to make sure that the people who would benefit most from having access to them are able to do so seamlessly within the system we already have,” he said.
It’s great to see how much Biketown has grown this year. Clearly, the people are hungry for electric bikes (no big surprise to those of us who sing their praises as sustainable transportation game-changers). My experience with Biketown was one impetus for me to embrace getting an electric bike of my own, and I would guess others have felt the same. The more people on bikes, the better, so we eagerly await the expansion of the fleet and whatever else might come next!
It might not feel like it yet, but the lawsuit filed Friday by BikeLoud PDX could be a very big deal once the legal process plays out.
Why is that my hunch? For starters, the lawyers representing BikeLoud are no joke. I sat down with one of then, Scott Kocher of Forum Law Group, on Friday. Kocher rolled over to the BikePortland Shed (our new workspace I can’t wait to invite you to someday!) to talk to me about it just hours after he filed the paperwork at the Multnomah County Courthouse. And Kocher is joined on the case by the three lawyers from Thomas, Coon, Newton & Frost — one of the most respected law firms in Oregon.
In our conversation Friday, Kocher says he’s based their approach to the case on precedent set by the Oregon Court of Appeals in the landmark 1995 lawsuit that transformed the Bicycle Transportation Alliance (now The Street Trust) from a tiny grassroots group into a significant player in statewide transportation politics.
In this episode you’ll learn more about why BikeLoud has brought this case, what the Oregon Bicycle and Pedestrian Bill is, why Kocher feels like it has important parallels to the American with Disabilities Act (ADA) law, and how he he thinks it should apply to specific projects like the recently “Pave and Paint” project on Hawthorne Boulevard.
Listen above or wherever you get your podcasts. If you have a smart speaker, just tell it to “Play the BikePortland Podcast.”
Use code bikeportland22 and save 20% off at ShowersPass.com!
This week’s Monday Roundup is made possible by Showers Pass, makers of quality waterproof rainwear and gear that’s proudly designed and tested right here in Portland!
Here are the most notable stories our writers and readers came across in the past seven days…
Feedback on feedback: Transit expert Jarrett Walker opines on what’s wrong with public engagement and how agencies can do a better job gathering it. (Human Transit)
Poor location: A new report shows how people with lower-incomes tend to live near highways where they face greater negative impacts from auto pollution than the rest of the population. (Urban Institute)
Awash with neglect: People are so tired of waiting for a new crosswalk in a Seattle neighborhood they painted one themselves — only to have it washed away by DOT staff a short time later. (Capitol Hill Seattle)
Bitchin’: That’s all I have to say about this beefy, cool tall-bike based on a Bombtrack frame. (Bike Rumor)
Carfree crazies: Brussels’ government is about to establish carfree zones in its central city that will be enforced by plate-reading cameras — but some folks are so mad they’ve decided to protest and dismantle official signs. (Bloomberg)
Hot e-bikes: E-bike battery fires are no joke, but the answer is to improve safety through programs and regulations, not to make riding the bikes even harder. (Curbed)
The real toll: The Street Trust Executive Director Sarah Iannarone is not having the argument from legislative leaders in Salem who want to boost the case for using highway tolls to build more freeways. (The Oregonian Opinion)
Look up: Let a Pulitzer Prize winning journalist sweep you away on this important narrative piece on what is going on with the climate crisis right now. (The New Yorker)
Truck tragedy: A little girl was killed by the driver of a jacked-up truck that was pulling a float in a Christmas Parade in Raleigh, North Carolina. (CBS)
Scary scooters: In light of recent fatality, and steep increases in deadly scooter crashes in the last year, even very progressive Paris Mayor Anne Hidalgo is said to be considering a ban on the popular micromobility vehicles. (The Guardian)
“Every day I think about the simple crosswalk improvements that could have prevented the crash.”
-Michelle DuBarry
Behind every faceless statistic on Portland’s traffic crash fatality report is a real person whose future was shattered in the blink of an eye, leaving their family and friends with a hole in their lives that can never be filled. This isn’t always obvious in traffic crash news reports, which can be impersonal and often chalk up the tragedy to an “accident” carried out by an inanimate object.
At yesterday’s World Day of Remembrance for Road Traffic Victims event in Portland, advocates pushed to move the needle on how people understand and act on road violence. About three dozen people gathered in outer southeast Portland near the intersection of SE Powell and 122nd Ave to hear from local leaders and people who have been directly affected by traffic violence.
In their speeches, they challenged the idea that changing the car-dominant status quo on our streets requires too much money or that it’s impacts would be too uncomfortable for people who drive cars. How could any of that be more unimaginable than losing a child?
Participants walk on Powell Blvd, approaching a “High Crash Intersection” sign.
The event was organized by members of the local Families for Safe Streets chapter, in collaboration with advocacy groups The Street Trust, BikeLoud PDX and Oregon Walks. Michelle DuBarry, Darla Sturdy and Kim Stone — three street safety advocates who lost children in traffic crashes — stood at the front of the group. They held photos of their children who were killed: Seamus DuBarry, who was just a year old when he died after being struck by a careless driver in north Portland in 2010; Aaron Wagner Sturdy, who was 16 when he was struck and killed by a MAX train while biking across light rail tracks in Gresham in 2003; and Joe Stone, who was 25 when he was hit and killed by an SUV driver while trying to walk at a crosswalk on outer Division Street in 2008. There are too many more of these names and stories.
DuBarry spoke first. She was accompanied by her young twins Gus and Greta, who sat beside her holding signs that said “safe streets for all” and “change your ways, ODOT.” Gus and Greta were born after Seamus was killed, but DuBarry and her husband keep his memory alive by telling their kids about the sibling they lost.
“They only know their brother through photos and the stories that we share about him,” Dubarry said. “They never met him because a driver struck him in a crosswalk on Lombard Street in north Portland.”
Lombard is one of several “orphan highways” in Portland — former state highways that now function as neighborhood streets but have not been treated accordingly by their owners, the Oregon Department of Transportation. ODOT-owned roads are some of the most dangerous in the city. This includes Powell Blvd, which the event was held adjacent to so participants could hear car traffic whizzing by. Last month, a woman named Sarah Pliner was killed while trying to bike across a different stretch of Powell, an incident that sparked renewed outrage in ODOT’s management of Portland streets.
“[ODOT’s] number one priority is to move cars through quickly, not to keep kids like Seamus safe,” DuBarry said. “Every day I think about the simple crosswalk improvements that could have prevented the crash.”
Michelle DuBarryMeg NiemiDarla Sturdy
DuBarry called on ODOT to reconcile claims they can’t afford to make changes to streets like Lombard and Powell while planning to spend billions on freeway expansions.
“We are here today because ODOT’s budget priorities do not reflect the needs of our community,” she said.
DuBarry was followed by Meg Niemi, whose son Eli was hit while biking at 45th and Powell earlier this year. Eli survived the crash, but the incident still left their family reeling. Then Darla Sturdy took the mic and to talk about her son Aaron.
“It changes your life in a second. Who would imagine that your son wouldn’t come home?” Sturdy asked. “I wonder why God left me here and took my son.”
Sturdy said about four years after the crash, she got involved in activist work to push TriMet to make their light rail crossings safer and then became involved in safe streets advocacy at large. She followed a similar trajectory to many other people who have experienced unbelievable tragedy and used that as the impetus for advocacy work to try to build a world where this doesn’t happen to anyone else’s child.
“We parents work hard to help, because we know that we could still have our kids had someone just stepped up,” Sturdy said. “It can’t be about money. It’s got to be about life.”
Carolanne FryEstelle MorleyMark Linehan
Other speakers giving personal testimony included Estelle Morley, who was hit and seriously injured after being struck by a driver while riding her bike last year, and Carolanne Fry, whose boyfriend was struck and killed while biking in 2020. Fry’s speech was particularly poignant — she hadn’t expected to speak and didn’t have anything prepared except what was in her heart.
“I’m here today because my boyfriend Brandon was killed on 148th and Powell, just a few blocks up the street, on April 14, 2020,” Fry said. “The only thing that comforts me is the hope that the ambulance person was holding his hand because I couldn’t be there with him.”
Fry said there will be a trial for the driver who hit Brandon beginning in just a few weeks. But whatever happens at the trial won’t be enough to change what happened.
“The thing about the trial that really bothers me is that no one wins. Brandon is dead. This person is probably going to prison for several years based on his criminal actions, but that doesn’t bring Brandon back and it doesn’t save this other guy’s family from what they’re going through knowing that their son killed someone,” Fry said. “The hurt that traffic violence causes, the people who are left behind…it’s just awful.”
Then BikeLoud PDX member Mark Linehan stepped up. He had been hit by a driver a few blocks from the event location while riding with the rest of the BikeLoud group. (See more about the crash here.) This was a reminder of how pervasive traffic violence is on our streets.
“I’m so sorry to hear about the people who are killed. And I must say I’m lucky that it didn’t happen to me because it could easily have done just within about the last hour,” Mark said.
Jo Ann HardestyAshton Simpson
After the personal testimony, several local leaders including Portland Bureau of Transportation Commissioner Jo Ann Hardesty and incoming Metro Councilor Ashton Simpson (who currently heads Oregon Walks) addressed the group.
Hardesty spoke differently yesterday than she has at other events like this in the past. Since she wasn’t reelected to her City Council position earlier this month, she didn’t talk about her own future plans to lead traffic safety efforts in Portland and instead called on others to continue pushing leaders to act.
“I don’t want any other parent or loved one to have to show up and tell the same stories over and over and over again,” Hardesty said. “What will stop it is you showing up at Council or in Salem and demanding that traffic safety become a public health issue, because that’s what it absolutely is.”
Simpson finished the main part of the event with a rousing and candid speech.
“These families behind me and the folks that have spoken today helps hold a compelling experience that they have to live with every damn day,” Simpson said, choking up. “Not just something that we read over gloss over as everyday folks, but something they have to live with and go through and feel every day.”
“Nobody wants to hear about the slow grind and bureaucracy and doing this and doing that. They want to see things get fixed.”
– Ashton Simpson, Metro
Simpson said the most important thing local agencies can do is make infrastructure changes that prioritize people over cars.
“We can obviously see that drivers cannot be responsible enough to slow the hell down,” Simpson said, garnering cheers from the audience. “How do we fix the infrastructure so that we can control the streets and keep people safe? Isn’t that the job of the government to keep folks safe? So why aren’t we doing more of that?”
As an elected official whose first term in Metro Council is on the horizon, Simpson is in the opposite position as Hardesty, and he said he wants everyone listening to hold him accountable once he enters office.
“I’m going to be on the other side of that fence and y’all are going to be yelling at me to fix things and I’m going to be yelling at [other leaders] to fix things. Because guess what? It takes intentionality. It takes urgency to get these things done,” Simpson said. “Nobody wants to hear about the slow grind and bureaucracy and doing this and doing that. They want to see things get fixed.”
After Simpson’s speech, the group went on a walk down Powell across 122nd Ave to experience what it’s like to walk at the intersection of two of the most dangerous streets in the city. Along the way, we heard drivers rev their engines for no apparent reason, sometimes yelling out the window just at the sight of a group of people standing near the street. From these experiences, it’s abundantly clear how impermeable car culture is on our streets, especially in east Portland.
Despite these huge challenges, participants seemed to leave the event with a feeling of hope. The people who have lost loved ones due to traffic violence have been able to find a future in each other and the work they do to make the world a better place. Hearing testimony from people who have been through hell and are still standing, still giving voice to their truth and tragedy, should give us all momentum to keep up the fight for safer streets.
“We have the solution. Other cities have solved the problem of traffic violence. We need our transportation leaders to act…to treat this crisis with the urgency it demands,” DuBarry said. “So thank you again for being here and for demanding accountability and action.”
More photos below:
Oregon State Rep Khanh Pham and her daughter (in purple) hold the banner in a group photo.
A man who was riding his bike was hit Sunday around noon on Southeast Division. It happened as a group of riders were crossing southbound on 117th. The driver of the van that hit him didn’t slow down at all, despite having a red signal.
The victim was Mark Linehan, one of the leaders of nonprofit bike advocacy group Bike Loud PDX. In the video above (taken by Amit Zinman), you can see that the van driver plowed right into Mark, just narrowly making full contact. Luckily, Mark was not seriously hurt and was able to get up and walk away from the incident. His bike sustained significant damage.
Also in the video, you can see that the walk signal had at least 15 seconds on the countdown remaining for the bicycle riders as they cautiously made their way across the intersection. Drivers in the two lanes closest to them had stopped, but the van driver continued on their path. The bicycle riders were in legal positions on the road and it’s worth noting that almost everyone on the ride were dedicated bike advocates who are well-aware of both the laws and the dangers in not following them.
Red arrow is van driver’s direction. Green is bike riders.Mark Linehan spoke at the event just minutes after the collision. (Photo: Taylor Griggs/BikePortland)
Another rider in the group, Paul Buchanan, immediately chased after the driver. Paul told me this morning that he and other road users caught the driver near SE 112th and Powell. They called 911 and the police arrived within five minutes. I’m still awaiting a response from the Portland Police Bureau to confirm, but I’ve heard that the driver has been cited and possibly charged with several misdemeanors (will update this post when I have that confirmation).
Ironically, Mark was in front of a small group of riders who were on their way to the World Day of Remembrance of Road Traffic Victims event. BikeLoud PDX hosted the ride to help folks get to the location of the ride (SE 122nd and Powell) safely. Most of the riders wore yellow, hi-visibility vests (event organizers asked folks to wear yellow); but even that didn’t prevent this driver from hitting Mark.
I reached out to Mark to hear his side of the story. “I feel shaken up but am otherwise fine. I have a minor bruise that is not bothering me. I was very lucky,” he said.
Mark confirmed they were crossing with the “Walk” signal in their favor. He said he had just hit the “beg” button to activate the signal. The striping and signals at this intersection are only two months old thanks to the recently completed Division Transit Project that was a partnership between TriMet and the Portland Bureau of Transportation.
Here’s more from Mark:
“The crosswalk is well marked with broad white zebra stripes. The cross-traffic in two of the three lanes on SE Division was stopped, but one was clear and a white van came blasting through against a red light. I was most of the way across SE Division when I saw the van out of the corner of my eye and turned sharply left. think that is what saved me. My front wheel was hit (and destroyed) by the van, but I was only brushed by the side of the van. Perhaps I was hit by the driver’s side mirror, which ended up in the street. I was knocked off my bike but not badly hurt.
I’m very thankful it was just me. A few seconds later, and more of the group could have reached that lane – and been mowed down by that driver.”
A TriMet bus was right behind the white van driver that hit Mark, so there should be good camera evidence in addition to Amit’s video if it’s needed for a future investigation.
UPDATE, 9:25 am: The PPB have confirmed for us that the driver has been arrested.
25-year-old Yingzhi Chen, of Seattle, was arrested/cited and charged with Reckless Driving and Failure to Perform the Duties of a Driver (Hit & Run). The van was towed as evidence.
UPDATE, 11:15 am: We’ve uploaded a longer video that shows clearly that Mark and the other riders entered the intersection on a green WALK signal.
We are a growing bike shop looking to hire a few mechanics to join our team!
Looking for one experienced mechanice and another one looking to cut their teeth in the industry (assembly and tune ups). We would consider part-time for the right wrencher.
Must be comfortable working with customers.
Must love riding bikes – bonus if passionate about electric bikes.
Comfortable working on all types of bicycles.
We are looking for a team oriented and enthusiastic bike person with great propblem solving skills.
Should expect to work weekends.
Guaranteed 2 consecutive days off every week
How to Apply
What you should have:
A strong work ethic
Thirst for knowledge
A drive to ask questions first
The ability to own up to mistakes, and learn from them
Love for people, bicycles and learning
Love for order, detail and communication
Eagerness to service and ride electric Bikes
Compensation starts at $21/hour and includes vacation and PTO. We will be launching health / dental plan shortly.
If you are interested, please repond with a resume, cover letter and at least 2 current references to Info@ebikestore.com.
BikeLoud Chair Kiel Johnson speaking at SE 26th and Powell.Co-counsel Scott Kocher and BikeLoud leader Cathy Tuttle.Riding to the courthouse.Co-counsel Scott Kocher at the courthouse.
Earlier this afternoon, BikeLoud Chair Kiel Johnson led about two dozen advocates to the Multnomah County Courthouse to drop off their lawsuit against the City of Portland.
The ride began on SE 26th and Powell at the memorial to Sarah Pliner, a woman who was struck by a driver and killed while bicycling last month, where Johnson spoke about why BikeLoud is suing the City.
Johnson said BikeLoud is aiming to create a Portland where there are no more ghost bikes or memorials to people who die while biking or walking.
“Wherever you want to ride your bike, to the grocery store, to the park, to wherever you need to go, you feel safe and comfortable and able to do that: that’s the mission that BikeLoud is working for,” Johnson said. “We’ve taken on this job to do it. We are doing this to make our streets safer, so you can walk and roll and ride your bike where you need to go safely.”
BikeLoud board member Cathy Tuttle set up a string of 129 flowers at the Pliner memorial — one for each person who was killed in a traffic collision in Portland over the last two years. These acknowledgments of the real death toll inadequate bike infrastructure has set the tone for the ride. The plaintiffs want people to know their lawsuits aren’t frivolous: people’s lives are on the line.
When we made it to the courthouse, Forum Law Group attorney Scott Kocher, who is representing BikeLoud in the lawsuit, encouraged people to keep up the hype.
“This is not the kind of case where we have to really be super low-key. You’ll hear people talking about it,” Kocher said. “I’m really grateful to everybody for your advocacy.”
Stay tuned next week for an interview with Kocher on our podcast.
Community Cycling Center staff at the billboard unveiling this morning. (Photos: Jonathan Maus/BikePortland)
The Community Cycling Center has many reasons to be grateful as we head into this holiday season. 616 of them to be exact. That’s the total square footage of the massive billboard that debuted this morning on Northeast Sandy Boulevard just east of 22nd.
“It’s one of the most transformative and creative partnerships we’ve been offered in the history of our organization,” said CCC Development Director Brittany Morris as she and a few dozen other staff and supporters braved biting cold winds to celebrate the installation of the billboard. The message, “Moving Forward, Together!” below a seven-person tandem and the CCC’s logo, shop address, and website will now be seen by thousands of people every day.
Space for the billboard was donated by ReRack, the company that owns the building it hangs on. Rerack owner and founder Bo Grayzel was among the crowd this morning. “We’ve been trying to partner with the Community Cycling Center and we just said, ‘Hey, we got this billboard wall, you want to take advantage of it?’ so here we are. It’s a good fit.”
Morris estimates her “scrappy” nonprofit has saved about $25,000 in marketing expenses thanks to ReRack and other donations from the artists who created the image. Portland-based billboard company Outfront Media added sponsorship support.
CCC Community Programs Manager Nissy Cobb did the colorization and background art. I asked them what they hope people think when they look at the image. “I want them to see community. I want them to see themselves in the riders,” they said. “Because these are people that you don’t often get to see riding a bike. And that was the whole goal, to show people that you too can be on a bike and you can get there together.”
“All the people we serve are represented on this bike.”
– Brittany Morris, CCC
The tandem riders range from a child with a backpack, a Black person with their fist in the air, an amputee, and someone wearing a headscarf under their helmet.
“All the people we serve are represented on this bike,” Morris added. “Every single person we serve is at or below the poverty line, and the majority of them are people of color. So we really wanted that to come through. And also that all bodies belong on bikes, all people belong on bikes.”
CCC Executive Director Momoko Saunders called it, “A visual representation of our organization.” She especially likes the “Moving Forward, Together!” part. “We’re going to get there,” Saunders said, staring at the billboard through early morning sun, “There’s still a lot of work to do, but we’re going to move and we’re going to do it together. I think that really encapsulates how we feel right now about our community and our vision for what a bikeable and walkable Portland looks like.”
The billboard will run about 1-2 times per year for up to 4-6 weeks at a time, so get over there and check it out! It’s pretty low, so selfies are easy!
Artist credits:
Jonathan Scarboro: illustrator who donated his labor. Used to own Cat 6 Cycles and now is a professional counselor specializing in creative blocks.
Nissy Cobb: Digital colorization & background artist, also CCC Community Programs manager.
David Kurushima: Digital colorization, also CCC Board Secretary who volunteered his labor.
Lead counsel Scott Kocher (center, with dark blazer) talks to supporters outside Multnomah County Courthouse today. BikeLoud Chair Kiel Johnson is in blue to his right. (Photos: Taylor Griggs/BikePortland)
We just received a copy of the official complaint that was filed moments ago at the Multnomah County Court by lawyers working for BikeLoud PDX in their lawsuit against the City of Portland.
Before we get to the details of the lawsuit, there’s been a big development in the case already: The law firm of Thomas, Coon, Newton & Frost have signed on as co-counsel. This is very notable because TCN & F is well-known in transportation circles statewide and their case history goes far beyond bike law. In 1999, the firm won an $80.3 million settlement (a record at the time) from Big Tobacco. The firm also literally wrote the book on bike law in Oregon and has played a major role in bike and traffic safety legislation for decades.
Now lead counsel Scott Kocher of Forum Law Group has James Coon, Cynthia Newton, and Chris Thomas from TCN & F on his team. Beyond the helping hands, they add significant legitimacy to the lawsuit. (Disclaimer: Both TCN & F and Forum Law Group are financial supporters of BikePortland.)
In the 8-page complaint signed by these four lawyers and filed at the courthouse today, they allege that the City of Portland, “Has not only failed to implement its Council-approved Plans to provide safe places for people to bicycle, walk and use mobility devices on and around Portland streets, the City of Portland has failed to meet its most basic legal obligations to provide safe streets.” Among those obligations is the 1971 Oregon Bicycle and Pedestrian Bill (ORS 366.514). The complaint says Portland has “systematically failed to comply” with that law and they have, “failed to adopt any policies or procedures to implement its obligations.”
The suit goes on to say BikeLoud PDX and its 250 members suffer because of the lack of safe cycling facilities.
There are 22 specific road project locations listed in the complaint as examples of where the Bike Bill was not followed. They include (taken directly from complaint):
The “Hoyt Yards” area of the Pearl District in NW Portland, which comprises at least 24 complete city blocks, and was constructed entirely without bicycle facilities;
NW 13th Avenue;
NW Kearney and NW Johnson from 9th to Station Way;
NW 23rd Ave south of Lovejoy St and the NW Vaughn St intersection;
NW Savier St east of NW Aspen Ave;
NW Thurman St NW 29th Ave to NW 32nd Ave (including bridge);
NE Killingsworth from Commercial to MLK;
NE MLK at Columbia (intersection);
NE Lombard from St Louis to Richmond;
NE Everett Ct from NE 97th Ave to NE 99th Ave
NE 33rd Avenue over NE Lombard St which was constructed and/or reconstructed without bicycle facilities, and in part without pedestrian facilities;
NE Thompson E of 149th;
NE San Rafael from 148th to 162nd;
NE 46th Ave north of Columbia;
NE Couch and Davis East of 97th Ave and 97th Ave;
NE 136th between Whitaker Way and Prescott Ct;
NE and SE 82nd Ave;
Overpasses over I-205 at SE Market; NE Glisan; NE Prescott, NE Sandy;
SE Hawthorne Blvd;
SE Division St from SE 10th to SE Cesar Chaves;
SE 118th Ave from Pardee to Raymond; and
SW 11th from Gibbs to Gaines.
And those are just a sampling of the locations. The complaint says there are “numerous” others.
The lawsuit does not seek any financial compensation (beyond legal fees), but it does ask for four specific things:
a statement from the City that they have not fully complied with the Bike Bill at the stated (and unstated) locations;
an injunction from the court to comply with the Bike Bill at those locations (and any others that meet the legal requirement for action);
in locations where the City can prove they don’t have to comply with the Bike Bill, they must build the bike facilities as outlined in the Portland Bureau of Transportation Bicycle Plan for 2030;
a halt to any current or future projects subject to the Bike Bill unless and until the City can prove they are in compliance with the law.
Take a look at the complaint in the PDF below, and stay tuned for more coverage:
ORS 366.514, a.k.a the Oregon Bike Bill, is back in the spotlight. Leaders and supporters of BikeLoud PDX are meeting today at noon to rally and then ride to the Multnomah County Courthouse to official file their lawsuit against the City of Portland.
If you don’t know much about the bill, don’t feel bad — many Oregonians and even city and state transportation leaders don’t know about it, either. But Portlander Hau Hagedorn does. And I just so happened to have talked to her about it earlier this week.
Hagedorn is an advocate for increasing the Bike Bill’s annual expenditure requirements, but in her thesis she explores the bill’s inconsistent application and the myriad loopholes transportation agencies use to avoid compliance.
Lawmakers signing the Bill Bill in 1971.
Hagedorn’s thesis points out how biking in Portland surged after the BTA won their lawsuit against the city in 1995, setting a precedent for all state transportation agencies to take heed of the law. Since then, the Portland Bureau of Transportation has built hundreds of miles of bikeways and is considered one of the best bicycling cities in the United States. Other smaller Oregon cities like Eugene and Corvallis, also saw a rise in bike mode share in the early 2000s.
But things have since stagnated. Hagedorn makes the case that stronger implementation of the Bike Bill could help spur a much-needed renaissance.
“While several factors may have contributed [to the decline in cycling], one thing that might help to stop the decline in biking is to amend and improve the Bike Bill,” Hagedorn wrote. “ORS 366.514 requires the provision of bicycle infrastructure, but the implementation of the law is still inconsistent and does not always result in the type of facilities that encourage more people to bike.”
Hagedorn has mostly focused on the Oregon Department of Transportation’s Bike Bill implementation (or lack thereof), and she didn’t offer comment on the BikeLoud lawsuit against the city. But if BikeLoud’s allegations hold up, the critiques against ODOT would seem to apply to other agencies as well.
“I’ve worked with quite a few ODOT staff and they believe in biking and walking, but I just don’t see the implementation happening at a pace where it actually makes a difference,” Hagedorn told me.
The problem is that a lot of the details of the Bike Bill are unclear. The basic gist is that transportation agencies must include bike and pedestrian infrastructure in all road improvement projects and spend a minimum of 1% of state highway funds to do so. But exactly what constitutes a “road improvement project” in the eyes of the law is open to interpretation.
BikeLoud’s lawsuit could be a game-changer for exposing the details of how cities in Oregon must follow the intent of the law. If the advocates get their day in court, PBOT officials will need to answer for their past decisions not to include bike infrastructure on streets like Hawthorne Blvd and many streets in northwest Portland that were completely reconstructed to build the Pearl District and still lack bike facilities.
And since the bill applies statewide, it would stand to reason that other communities in Oregon may benefit from Portland advocates pushing for stricter implementation. BikeLoud’s litigation could inspire would-be bike commuters from Ashland to Bend to Pendleton to hold their transportation leaders’ feet to the fire.
“If this lawsuit is successful, it would be capable of being replicated in other areas.”
– Scott Kocher, Forum Law Group and lead attorney on the suit
Scott Kocher, who will represent BikeLoud in their lawsuit, indicated as much when chatting with members at a meeting on Wednesday evening.
“If this lawsuit is successful, it would be capable of being replicated in other areas,” Kocher said.
Hagedorn firmly believes Oregon advocates should be more familiar with the nuances of the Bike Bill and hold leaders accountable to it. Communicating the details of legislation like this can be difficult, but BikeLoud’s lawsuit may get the ball rolling again.
“I think we need to share that information more widely so people understand. It’s not complicated policy, but it’s fairly nuanced,” Hagedorn told me.
“It’s just disappointing. Staff want to do the right thing. They believe in creating bike lanes and sidewalks, yet they continue to implement these unsafe facilities,” she said. “I just feel like we need more people out there to understand the implications of the Bike Bill and how we can use it to move things forward.”
She rocked these shorts. No excuses! (Photo: Jonathan Maus/BikePortland)
Welcome to the weekend.
The Weekend Guide is made possible by our friends at Portland-based Showers Pass, who remind you that they’ve offered excellent and reliable rain gear and other apparel must-haves for 25 years!
Here’s our hand-picked selection of the best rides and events coming your way. For more suggestions, see the BikePortland Calendar.
Saturday, November 19th
Sorella Forte Women’s Group Ride – 9:00 am at River City Bicycles (SE) Nothing helps you get out of the house and on your bike like knowing there will be a group waiting for you. This is a great club and all skill levels are welcome. More info here.
HiFi Warehouse Sale – 9:00 am to 1:00 pm at HiFi HQ (SE) Grab killer deals on wheels and soft goods from this community-minded local company while chomping on snacks and bevs. More info here.
Through the Forest Over the Bridge – 9:00 am at Vera Katz Statue/Esplanade (SE) Join the fun-loving Cycle Cats as they venture north for a loop over the St. Johns Bridge and through Forest Park. More info here.
Sunday, November 20th
Cyclocross Crusade #7 – All day at Baron Park (Estacada) It’s the grand finale of what has been a fantastic Crusade series. The venue is the always-interesting Barton timber park, which has industrial wasteland vibes mixed with send-it sections, a massive run-up and lots of fun places to cheer. More info here.
Ride to World Day of Remembrance – 12:00 pm at MAX Stop on 122nd & Burnside (E) Advocate extraordinaire Cathy Tuttle will gather the troops and march to the big World Day of Remembrance event at 122nd and SE Powell. More info here.
World Day of Remembrance for Road Traffic Victims – 1:00 pm to 3:00 pm at SE 122nd and Powell (SE) Join Families for Safe Streets, Oregon Walks, The Street Trust, and other advocates and community leaders for an event to draw attention to the need for safer streets. Remember to wear yellow. More info here.
See all upcoming events here. Promoting an event? Know about something we should boost? Please let us know and we’ll get it on the calendar.
ODOT graphics from the online open house (left) and Supplemental Environmental Assessment.
“ODOT is using these sleights of hand to hide the fact that they don’t want to study an alternative that does not add additional lanes of freeway into the neighborhood.”
-Aaron Brown, No More Freeways
The Oregon Department of Transportation (ODOT) has released the long-awaited Supplemental Environmental Assessment (SEA) for its I-5 Rose Quarter expansion plan. This will kickstart a new era for the controversial freeway project, as it opens up an online open house and another public comment period and faces continued scrutiny from advocates, who are largely unimpressed with the assessment and the changes ODOT has made to the plan.
This is not the full Environmental Impact Statement (EIS) advocates want from ODOT, which would require the agency to study alternatives to the lane expansion – a task they have not embraced (to say the least). Members of the Rose Quarter expansion opposition group No More Freeways (NMF), along with the Eliot Neighborhood Association and Neighbors for Clean Air, have taken ODOT to court on the grounds that they must complete an EIS.
ODOT’s timeline of environmental assessment for the I-5 Rose Quarter expansion project. (Source: ODOT)
In the SEA released this week, ODOT downplays the federal verdict, saying they had agreed with the FHWA that the Rose Quarter design changes needed additional analysis. In reality, this was a setback for the project partially prompted by the NMF-led lawsuit.
ODOT’s big focus in this new Environmental Assessment is the so-called “restorative justice” element of the widening project they say will be accomplished through the highway covers that will go along with the lane expansion. We looked at the details of their latest design for the covers, which will ostensibly reconnect the Albina neighborhood that was severely impacted by the construction of I-5 more than 50 years ago.
Overall, advocates aren’t impressed.
“The [SEA] shows that the covers are, at best, a half-baked policy… [ODOT] is now making it clear it won’t do anything to pay the costs of actually building anything permanent on top of the covers,” Joe Cortright, an ODOT watchdog and co-founder of NMF, wrote in a City Observatory article about the design. “This is clear evidence of the hollowness of ODOT’s promises of restorative justice: they have no commitment to seeing anything actually gets built on these highway covers.”
But any benefits the covers could provide would be possible without a lane expansion. NMF wants ODOT to add these freeway caps to reconnect the Albina neighborhood — no lane expansion needed.
“No More Freeways is excited about and supportive of ODOT’s plans to build caps to reconnect the greater Albina community included in the proposal but believe that ODOT should move forward with the project that does not include adding additional lanes of traffic to pollute the neighborhood,” a recent NMF press release states.
In the new EA, ODOT also heralds the benefits the project will bring for active transportation in Portland’s central city, including for the construction of the Portland Green Loop, which will be routed onto NE Broadway and Weidler with sidewalk-level raised cycling lanes. In the online open house for the SEA, ODOT states that the “movement for people walking, biking and rolling would improve overall with the project compared to without the project” thanks to:
– Improved bicycle and pedestrian connections with the highway cover. – Improved safety through signal timing to separate bicycles and pedestrians from turning vehicles. – Improved safety through physical separation from vehicles.
But in a laudable bit of honesty, ODOT also acknowledges that conditions for bikers and walkers will get worse. They cite crosswalk closures which would create out-of-direction travel for some people, longer delays for bike riders due to new signal timing that separates them from drivers, and they even admit that there is “potential for pedestrian/auto conflict at the proposed new I-5 southbound ramp location, which could increase due to the additional traffic at this location.”
A screen grab from a NMF virtual press conference Thursday afternoon.
Bike advocates are very skeptical about these purported benefits (despite city and state transportation officials’ attempts to quell concerns.) In another recent City Observatory article, Cortright wrote that the new design will create an environment in which “bike riders will have to negotiate on Portland’s busy North Williams bikeway will have to negotiate two back-to-back freeway ramps that carry more than 20,000 cars per day.”
Overall, some advocates think the SEA is a continuation of a historical lack of transparency from an agency bent on promoting the freeway industrial complex at all costs. They want ODOT to analyze the impacts of congestion pricing on reducing traffic impacts on I-5 through the Rose Quarter and study air quality impacts of the expansion – both of which they say the agency has largely avoided doing as of now, even as it releases more environmental analyses.
“We believe that ODOT is deliberately using these sleights of hand to hide the fact that they don’t want to study an alternative that does not add additional lanes of freeway into the Albina neighborhood,” NMF co-leader Aaron Brown said at a press briefing on the Rose Quarter project earlier today.
The fact that ODOT has released this open house and opened the public comment period right before the winter holiday season is also suspicious to agency critics.
“It’s clear that ODOT is making it as difficult as possible for people to comment,” Brown said.
Despite their belief that ODOT has been less than transparent in their communications about this project, NMF advocates want people to participate in the public comment period. They also say they will be launching new efforts for activists to get involved in fighting the lane expansion in the coming weeks.
You can browse all the documents (including the transportation technical report), learn about bike-specific plans, and share your comment at the online open house. Comments will be accepted until January 4. Stay tuned for more coverage on the SEA and advocacy efforts around it.
