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July 8, 2008
LADOT's Michael May to Violate Brown Act
Left to right: LADOT Staff Michael May, CD-4 Larry Hoffman, Mayoral appointee Glenn Bailey at a LABAC meeting | Photo courtesy by Alex Thompson
Shocked by the horrific road raging motorist vs. cyclists incident on Mandeville Canyon Road this past holiday weekend, the cycling community has rallied in the last four days to fight for justice and to ensure that Los Angeles city leadership, law enforcement and the judicial system respond to incidents such as this.
Brad House, council district 15 representative to the LA Bicycle Advisory Committee (LABAC), which is the official body charged with advising the LA City Council and Mayor on cycling issues, brought the incident to LAist contributor Stephen Box's attention, and called for immediate action from the LABAC.
Other members agreed that the LABAC must act decisively, so a discussion took place internally about convening an emergency meeting of the LABAC.
LADOT's Michael May, who acts as support staff for the committee, responded by tentatively scheduling a meeting in the LADOT 9th floor offices in the Caltrans Building. The use of this location has come under fire in the past because the location violates the Brown Act by restricting public access. Private citizens cannot attend without submitting their identification, which California correctly prohibits because it is a deterrent to public participation:
California Code 54953.3 A member of the public can attend a meeting of a legislative body without having to register or give other information as a condition of attendance.
May and the LABAC have been reminded about this provision in the past -- it is because of this law that the committee can no longer meet in the Department of Water & Power building. Should the committee violate this rule, not only will the decisions and discussion from the meeting be stricken from the record, but each participant is guilty of a misdemeanor.
LADOT staff's actions may render the committee unable to take swift action on the awful incident in Mandeville Canyon. It's a good thing when positive action is about to be taken, but it needs to be done legally, otherwise why is the city wasting time?
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Because doing something you know will get nixed because you violate rules, and then blaming it on "the bureaucracy" it is a politicians wet dream. You can take credit on both sides of the issue.
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So if I show my ID I can attend?
That's worth doing.
When and where?
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As far as I know, it hasn't been scheduled yet, but we'll let you know jrb.
To some people, showing their ID is no big deal, but to others and to the law, it is illegal to force someone to have an ID. This simple-to-fix violation will cause any action taken by the board as null. Why have a meeting in the first place then?
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Bikers are rude and very bad. As a driver, I really despise them, because most of them act as if they own the road. The claim to follow the rules, but rarely do they stop at stop signs and the pack never stops for a red light. And what is with the deal with not getting over to the right? They hog the road.
The fact is no one will really do anything for the bumble bee crowd. I laugh at the notion of an "emergency meeting". What, will they compare the latest technology of water bottles or have a pinch-off to see who has the lowest body fat?
Bikers should just stay off the road. The doctor flipped out. Other people have flipped out. People in the future will flip out. It is obvious to anyone there is a reason people are flipping out over the bikes. The articles herein would have you believe the injured bikers were without any fault. That might be true, but I'm sure there was a bit of pre-event activities between the parties.
I'm thinking about starting a defense fund for the doctor amoung my fellow drivers who despise the bumblebee crown.
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I needed a good laugh, No. 4. Thanks.
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Karsrule,
You hate cyclists because? Cyclists have the right to the entire lane. They don't hog the road they use it because they have the right to use it (CVC 21202.) In my neighborhood cars hog the road so bad sometimes that I can't even get through with my bike. Cars split two lanes into three.
Killing and hurting people should never be justified no matter what one uses for transportation. This is a civil rights issue!
I wonder if you would feel the same way if your loved one would be hit by an angry driver. How would you feel if your loved one would be killed in a car because he/she is in the way? Because he/she is driving too slow? Would you defend the doctor? People with as much hate as he should be taken off the road and locked up! Cars can be a great tool but they can be a weapon. And if someone uses that weapon against someone they should be prosecuted to the full extent of the law. Just like if they would use a gun.
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#4, Karsrule FTW!!!
Is it humor? OR is it Trolling? Or is it both?
You decide!
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Not sure if this is humor or not. As they say in the movie business, I just wanted to throw some puppies on the freeway to see what happens.
I see that I captured the attention of #6. I'm looking to see how far the bike apologists will go in their defense of the bumblebee cult.
Hey someone will defend the doctor. I would advise him to plea temporary insanity caused the non-stop weekend swarm of bumblebees on the downhill road.
I'm confident there are many motorists who would mow down all the bumblebees if they could be assured of immunity. Likewise, there are many bumblebees who dream of a car-free world.
I like to spend my time mocking this polarizing behavior and indulging myself in my own shallow behavior of thinking and chasing hot women.
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Karlsrule,
Hot women are on bikes and they dream of a car-free world :-)
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Not sure that I'm seeing that many hot women riding bikes. However, what I do see is many hot women riding around in sporty cars.
Perhaps on a "per capita" basis the biking women take the prize, because there are an awful lot of fuggly women tooling around in cars.
I'm also thinking that most hot women are either dreaming of me or dreaming of finding ways to get to me.
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Okay, wait a second. I've read about this incident and I just have to ask:
"What does LADOT have to do with some guy, in a private car, hitting a bunch of bicyclists?"
Don't get me wrong--the guy should be locked up for awhile, no question. But what will LADOT do? Was he hit buy a bus? No? A Train? No. Was the road in need of repair? No.
What do we expect the LADOT to do?
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RedMercury,
Different article. Different topic. Same writer.
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YOU CAN’T BE SERIOUS!
I have two cycling buddies in the hospital with multiple injuries. And you people are wining you have to show your ID to go to a meeting.
Get real….What is wrong with you?
If you want to get the lunatic who hit them…grow up and take your personal agenda and shove it. Because you are not helping my cycling mates. Put the mirror up to your face, you are just as bad as the lunatic doctor.
I’m telling everyone in La Grange you are not helping our injured friends but you are only interested in standing on your on soapbox. Truly pathetic.
I hope you show up for the meeting on 7/14/08, so I can stand by the door and check your ID.
Wait are they checking ID's maybe you shouldn't go.
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Hi Cycledogg,
You can't be serious.
1. LAist broke this story, which the mainstream media picked up and was calling LAist on the phone to get more information. An 11-time Emmy Award winning journalist was speaking to me on the phone at 8 at night. So if you rather us not help you and your friends the next time. Okay then. We have only written like 10 posts on this in four days.
2. I missed fireworks on the Fourth of July because I was on the phone with the fire and police department gathering the first bits of information about the incident as they came out. That's how I spent my holiday Friday night.
3. While it may seem whiney to complain about Brown Act Violations, if found guilty, every action by the committee could be reversed. So if anything the city council passed via the LABAC is law today, it would be reversed. Luckily, the LABAC has not done much in terms of official matters, but as they get stronger, this issue becomes more important.
4. See you on the 14th. But it's not a Brown Act meeting, so checking my ID or not doesn't matter.
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The Brown Act is a State Law that has been around for approximately 50 years and guarantees the public the right to participate in the process.
One of the simplest ways to test the waters of transparency and inclusiveness is to start at the front door.
If the Brown Act covered entity (legislative and advisory bodies serving in an official capacity) fails at the front door to abide by the Brown Act and is non-responsive to the public's requests for adherence, you can rest assured that the process is not open, inclusive, transparent and public.
Now, more than ever, you should be demanding the right to participate in the process. Now, more than ever, you should be supporting a demand that those who act on our behalf do so legally and transparently.
The cyclists Bill of Rights articulates in #4: "Cyclists have the right to the full support of our judicial system and the right to expect that those who endanger, injure or kill cyclists be dealt with to the full extent of the law."
Let's work together to make this a reality and to make sure that we take to the streets as equals.
See you on the Streets!
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LAist did excellent work on this story.
LAist was also very responsible, in removing personal information that being posted, (names, addresses, etc.), of people who lived in the area with the same name as the perpetrator.
There was a great deal emotion and anger in the bicycle community which could have lead to mob violence against people who had the same name, lived in the same area, and may not have even been involved in the incident. Quick action by LAist quite possibly averted violence done to innocent people and a huge stain on the public perception, and reputation of the bicycling community.
Mob mentality is an ugly thing. There is nothing rightious about it. Justice should always be handled by the authorities.
LAist deserves our thanks and recognition for doing that.
LAist is becoming an open forum and sounding board for the bicycle community with their many articles and contributors who are intimately involved in this new emerging bicycle culture.
So let's not get angry at them and blow this opportunity that they are giving us.
They are our allies here.
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cycledogg,
This incident took place on July 4th and it competed with fireworks, celebrations and holiday traffic tragedies. It wasn't news over the weekend and even the LAPD responded to inquiries with the traditional "It's under investigation, it may be a criminal investigation, it may a traffic investigation, we won't have any details for a week or two." Contacts in mainstream media didn't think it was newsworthy.
Once LAist broke the story on Monday morning and once people started calling their Councilmembers and once the blogs started loading with shocked commentary, Councilmember Rosendahl's Chief of Staff started posting online, Councilman Rosendahl went public, the Police Captain went public and news crews started swarming. LA Times and several TV stations now found it to be newsworthy.
To dismiss objections to Brown Act violations as "whiny" is as much of an insult as some of the many comments from motorists that accuse cyclists of being "whiny." (Almost 400 comments on the LATimes - lots of them speaking negatively about cyclists)
The process is important and it starts with access and adherence to the law. I'm sure you're not suggesting that our leadership is above the law. Are you?