ACTION ALERT
June 29, 2006
We are in a battle to return a standard of care and responsibility to the design, construction and maintenance of California’s Bike Paths. I'm making an appeal to you individually and to your clubs and advocacy organizations to help us with cash donations.
The California Association of Bicycling Organizations (CABO), the California
Bicycle Coalition, the League of American Bicyclists, John Forester and others,
are supporting a court action to return legal liability to agencies responsible
for Bike Paths. Presently, through previous court decision mistakes, a damaging
precedent was set whereby people have been unable to hold an agency responsible
when they are injured or killed on California Bike Paths even when the incident
was due to a fault in design, construction or maintenance by the responsible
agency (city, county, State, etc.). Precedent was set when courts mistakenly
defined Class 1 Bike Paths (bicycling facilities as defined by State Highway Design
standards) as recreational trails, where users are "at their own risk."
Bike Paths are transportation facilities and were supposed to be on a similar
liability footing as Bike Lanes, sidewalks, and roads.
John Forester, author of “Effective Cycling”, found a Bike Path bicyclist
injury case to appeal and re-set/overturn precedent. We believe that this is
important both to allow an individual to be able to recover
for costs of injuries, but more importantly to help us all to be assured that
Bike Paths get a decent level of attention by agencies that install Bike Paths
and/or encourage or sometimes try to require our use of Bike Paths.
The effort is costly and is rapidly exhausting the CABO legal defense fund. We
are asking for help with donations to cover the legal costs. Costs have now
exceeded $60,000 most of which has been consumed. Now it's your turn… maybe
again.
Our initial “Appellant’s Opening Brief” was filed in May with the Court of Appeal, Second Appellate District, Division 8. Attorneys for the City of Los Angeles have until August to respond. This is an important battle protect and improve the future of bicycling in California.
The Bike Path “Prokop” Defense Fund is being managed by CABO. You may designate
your donation to benefit the CABO legal defense fund in general or to be
specifically and only used for the present action - the “Prokop” case”. With
hoped for success we may get our costs reimbursed in which case donations may
be returned.
Contributions should be directed to:
California Association of Bicycling Organizations
Ruth Barnes, Treasurer
2601 E. Victoria St #344
Rancho Dominguez 90220-7259
Thank you!
Jim Baross
CABO President