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BikeLoud lawsuit update: We’ve got the docs, and powerhouse legal team signs on


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.)

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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):

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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:

Take a look at the complaint in the PDF below, and stay tuned for more coverage:

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