Cyclists, cars, and cops don't mix The cautionary tale of Cyril and Moe
By: Gordon Sinclair Jr. <gordon.sinclair(a)freepress.mb.ca>
http://www.winnipegfreepress.com/local/cyclists-cars-and-cops-dont-mix-2038…
I suppose you could call this a cautionary tale.
But it's more than that.
You might also call it an ugly example of the guerilla road war between
motorists and cyclists that usually heats up with the spring weather.
But it's more than that, too.
For a year now, I've been tracking the case of the pair I'll call Cyril the
Cyclist and Moe the Motorist.
The story begins on the chilly morning of April 18, 2012, when both were on
their way to work, headed north with the early-morning airport traffic on
Century Street.
That's when the altercation happened.
According to a police report I would wait 11 months to finally see, a
cruiser was dispatched at 7:46 a.m. that Wednesday. Two days later, in an
email to the Free Press, the cyclist, then 23, would describe what happened
from his perspective.
Cyril wrote that he had strayed about a metre away from the east curb
because of puddles and potholes, and that several vehicles passed him
without issue until the driver of a minivan, upset at the cyclist who was
blocking the lane, "laid on his horn and flew past me, leaving inches
between my left shoulder and his mirror."
It was Moe the Motorist, a man who appeared to be at least two decades
older than Cyril.
"I made eye contact with the driver and gave him a dirty look," Cyril
wrote. "He had already begun to hastily roll his window down and started to
shout at me."
The usual back-and-forth name-calling ensued, followed by Moe reaching out
his open window and punching Cyril in the left eye.
And then speeding off.
Cyril managed to get the licenceplate number and called 911.
When the two officers responded, Cyril told them he wanted to press charges
for assault. He said police responded by saying something along the lines
of "we may just give him a traffic ticket for imprudent driving."
Later, after interviewing the driver, police called Cyril at work.
The victim and the accused were about to change roles.
Moe the Motorist didn't deny striking the cyclist in face, but he claimed
Cyril initiated it all by starting the screaming match and then spitting on
him.
Cyril would deny he spit on Moe.
That left police to try to defuse the incident by telling Cyril the
assaults were "very minor in nature" and no one should be charged. Again
Cyril insisted the driver shouldn't get away with hitting him. Police
cautioned him that he may be charged with assault, too, but Cyril wouldn't
back down.
Later that afternoon, after consulting their sergeant, police arrested
Cyril at work and charged him with assault and a highway traffic offence
for straying too far from the curb.
Two days later, Cyril would write this: "The whole situation left me
feeling intimidated, confused, embarrassed and quite fearful of both this
driver and the authorities in place to protect a person in my situation."
I don't know how Moe the Motorist felt, but I can guess.
Lucky.
Why did police charge Cyril for allegedly spitting on Moe, when Moe
admitted to punching Cyril?
Basically, they chose to believe Moe's version and believe he acted in
self-defence. More specifically, they offered four reasons in their report:
Cyril confronted Moe; Cyril initiated a verbal argument with Moe; Cyril
spat on Moe, causing Moe to defend himself; Moe immediately drove away,
removing himself from the situation.
Jay Prober, the lawyer Cyril hired to defend him, argues punching someone
in those alleged circumstances is excessive, and a law professor I spoke
with agrees. At the very least, in Prober's opinion, if Cyril was charged,
Moe also should have been. Then let a judge decide who's telling the truth.
But a case like this was never destined to end in court. The Crown diverted
it to mediation, where it was resolved late last summer despite the absence
of Moe the Motorist, who passed on the opportunity to apologize to Cyril
for punching him, the way Moe apologized to police at the time. This week,
on the anniversary of the incident that made Cyril fearful to ride his bike
this winter, he is out an estimated $2,000 in lawyer's fees and lost wages.
And he's still traumatized.
Cyril the Cyclist has learned to better control his feelings about the
drivers who show no understanding or respect for bike riders. But sadly, he
says he has also learned something else from this cautionary tale.
That his biggest mistake was calling police.
*gordon.sinclair(a)freepress.mb.ca*
*Republished from the Winnipeg Free Press print edition April 20, 2013 B1*
Please circulate widely.
Dear Bike to the Future members and supporters:
After a lengthy series of discussions and a recommendation from a re
branding expert, Bike to the Future's Board of Directors has decided to
change the public name of our organization to Bike Winnipeg and change our
domain name to bikewinnipeg.ca. We will also be changing our logo.
In making this change, we are following in the footsteps of many other
cycling advocacy organizations such as Bike Calgary, Bike Minneapolis, and
Bike New York.
It is our hope that bikewinnipeg.ca will be easier to remember for members
of the public, the media, government officials, and our current and new
supporters. We also hope that the name Bike Winnipeg more clearly and simply
defines who we are and our central mission , which is to encourage more
Winnipeggers to choose to bike more often, to bring impediments to cycli ng
to the attention of elected and government officials, and to inform the
public and media about the various benefits of cycling.
____________
Bike Winnipeg Logo Contest
Please send us your idea/design for a Bike Winnipeg logo. The logo will
support the new name of our organization: Bike Winnipeg ( bikewinnipeg.ca ).
All logo submissions must be in two-tone, black and white. You may add a
color logo if you wish.
Everyone who sends a logo to info(a)bikewinnipeg.ca by May 1, 2013 will be
entered into a draw for a 1 Metre Please jersey.
We will acknowledge the receipt of all submissions, and we will publicly
credit the designer of the chosen logo when we unveil it.
By sending us a logo, you agree that, if we select your idea /design, full
ownership of all intellectual property rights will belong to Bike to the
Future, Inc.
--
Mark Cohoe
Executive Director
Bike to the Future
http://biketothefuture.org
____________________________________
Bike to the Future -- announcements
announce(a)lists.biketothefuture.org
http://biketothefuture.org
These employees get paid to drive too, but its a start. On CBC news there
was another company that was simply paying their employees $ 1.00 per
kilmeter to ride.
http://www.thestar.com/news/city_hall/2013/01/29/cycling_in_the_city_toronto
_employers_peddle_incentives_to_bike_to_work.html
Cycling in the city: Toronto employers peddle incentives to bike to work
JASON FRANSON / THE CANADIAN PRESS
You could call it biking for bucks. Increasingly, Torontonians want to
incorporate cycling into their work lives - and some companies are now
paying people to do just that.
At Bursting Silver, a growing technology company with consultants in several
Canadian cities, employees who bike to meetings get paid double the mileage
they would recoup if they drove a car - $1 per kilometer rather than 50
cents.
It's a new policy that came out of a conversation between Edmonton-based
founder Al Povoledo and principal consultant James Schwartz, who regularly
rides his bike to visit clients in Toronto.
Povoledo says the policy underscores the company's social conscience. But it
works for everyone.
It helps keep staff healthy and active, and "I actually think it saves money
for customers," he said.
If a consultant has to drive from the suburbs to a client downtown, the
client gets charged 50 cents per kilometer, plus $25 for parking. That can
add up to a $45 charge for the client.
"If someone takes their bike, we're paying them $1 a kilometer and that ends
up being cheaper," said Povoledo.
If there's air travel involved, the savings can be greater, says Schwartz,
who works in Toronto and actually cycles to the airport
<http://www.thestar.com/news/gta/article/1281452--man-encourages-cycling-to-
pearson-airport> .
"When I ride my bicycle to the airport for client travel, I am entitled to
$24 for the 24-kilometre bike ride . However, if I took a taxi to the
airport, it would cost the client $55. So on a return trip to the airport, I
am saving my client $62, I get to keep healthy, and we have one less taxi to
clog the road to the airport," wrote Schwartz on his blog
<http://www.theurbancountry.com/> .
But it's not just about the bottom line, says Povoledo.
"We wanted to integrate the concept of giving back to our culture and the
way we work on a daily basis," he said.
It's the kind of idea Povoledo and Schwartz say is becoming increasingly
mainstream.
Toronto Environmental Office director Lawson Oates agrees. Cycling rewards
increasingly resonate with younger workers and employers, he said.
"It's the wave of the future. (Companies) want to attract and retain
topnotch employees," and these people don't necessarily function in "the old
9-5 mould," he said.
Top Drawer Creative founder Howard Chang is a pioneer when it comes to
bike-friendly employers. In 2003 the ad agency began a bike-to-work program
offering an honorarium of $2 a day for employees who cycled to the agency's
old Leslieville location. To make the idea more attractive, Top Drawer
installed showers and locker rooms and provided secure, indoor bike parking.
Chang even made a deal with a bike supplier so employees could buy wheels at
wholesale prices.
The company has since moved to the Beach and the honorarium has risen to $5
a day.
It's a policy Chang says is one factor in helping retain employees in the
transient advertising industry - and yes, many of them are younger. But
among the 40 per cent of Top Drawer's staff that cycle to work, at least one
participant is in his 50s.
Chang, who acknowledges that not everyone rides year-round,
<http://www.thestar.com/news/gta/transportation/article/1311772--bike-lanes-
being-peddled-for-richmond-and-adelaide> would like more employees to sign
on but says, "I'm not messianic about it."
He figures that the program has cost Top Drawer tens of thousands of
dollars, but it's an investment.
"Our agency's very focused on social responsibility," he said. "I just want
to make sure we walk our talk, that we're authentic.
"It's one thing to advocate commuting to work, it's another thing when
you're actually investing in it," he said.
Hi Physical Activity Folks,
As most of you know, for the last few years the WRHA Population & Public Health team and a whole host of community partners have partnered together with the Red River Exhibition to offer health related information and opportunities through the creation of the GO4health EXpo.
As the Physical Activity Promotion team and a partner with Winnipeg in motion, we (along with many community partners) have been in attendance to provide education, opportunities to try, and connections to community programs, opportunities, and resources to support physical activity.
>From the survey evaluations (2010, 2011, 2012) we've received positive feedback from attendees that the information/resources provided has been of value and appreciated. They indicated an increased awareness of the importance of a physically active lifestyle and where to be active within their community. The surveys also indicated that there was an increase in the attendees intention to make behaviour change, in many instances, behaviour change had already occurred in one or more healthy lifestyle changes.
Planning has begun for 2013. This year, things are changing slightly as we've reduced the footprint of the GO4health EXpo within Exhibition Place and have moved from the back 1/3 of the building to the front corner. With our smaller digs, we have made the decision to no longer host a physical activity demonstration stage.
>From our initial discussions, TWO main themes have emerged for the Physical Activity Promotion area at the GO4health Expo:
1 - Active Play (children, youth & adults)
2 - Active Transportation (children, youth & adults)
As key players in physical activity promotion, we would like to invite you to a meeting to further explore creative and engaging ways to promote physical activity in these themed areas.
Date: Tuesday, April 30
Time: 2:00 - 4:00 p.m.
Location of meeting: Room 119 - 490 Hargrave Street(please use the door located on the corner of Hargrave and McDermot)
Call in option:
- Call 1-877-727-8553
- Participant code - 904444228
Items up for discussion -
- Supporting play
o creation of resources that teach play
o highlight play opportunities in the community
o focus on fundamental movement skills
o play leaders to assist with staffing the play zone
o training leaders/sharing expertise for play zone
o providing families an opportunity to play together
o giveaways to support play
- Active Transportation
o creation of resources that highlight trails and AT routes
o highlight active transportation events/opportunities
o giveaways to support AT
o using technology - touch screens/iPads, etc. to help people find a route
o highlight active and safe routes to school and active commuting
If you are unable to make the meeting or call in but have ideas, please give me a shout. Thanks!
Have a great "in motion" day!
Kristine Hayward
Physical Activity Promotion/in motion Coordinator
2nd floor - 490 Hargrave Street
Winnipeg, MB R3A 0X7
Telephone 204 940-1676
Cell 204 232-7546
Fax 204 940-2690
Email khayward(a)wrha.mb.ca<mailto:khayward@wrha.mb.ca>
Follow Winnipeg in motion on Twitter - @wpginmotion
Sign up to receive updates from Winnipeg in motion @ http://www.winnipeginmotion.ca/signup/
PLEASE NOTE THAT WE HAVE MOVED (MAY 5, 2012) - our mailing address and fax number has changed.
This email and/or any documents in this transmission is intended for the
addressee(s) only and may contain legally privileged or confidential information. Any unauthorized use, disclosure, distribution, copying or dissemination is strictly prohibited. If you receive this transmission in error, please notify the sender immediately and return the original.
Ce courriel et tout document dans cette transmission est destiné à la personne ou aux personnes à qui il est adressé. Il peut contenir des informations privilégiées ou confidentielles. Toute utilisation, divulgation, distribution, copie, ou diffusion non autorisée est strictement défendue. Si vous n'êtes pas le destinataire de ce message, veuillez en informer l'expéditeur immédiatement et lui remettre l'original.
Wow! This invention is almost too crazy to be true. Luckily, that sentence
had the world "almost" in it. Enjoy living in the future, everyone.
http://www.upworthy.com/the-invisible-bike-helmet-that-youll-have-to-not-see
-to-believe
Regards,
Erik Dickson
Suite 1120 - 201 Portage Avenue
Winnipeg, MB R3B 3K6
ph: (204) 927-3444 ext. 242
fax: (204) 927-3443
web: www.scatliff.ca
blog: http://scatliff.tumblr.com
Please consider our environment before printing this message.
Green Action Centre and Bike to the Future invite you to join us for a
local viewing of the following APBP webinar at the EcoCentre (3rd floor,
303 Portage Ave). This will be followed by group discussion of local
applications.* *Detailed description provided below.
*Economic Benefits of Walkable and Bike Friendly Communities
Wednesday, April 17th | 2:00-3:00 p.m. *
RSVPs are appreciated but not necessary. Hope to see you then!
cheers,
Beth
925-3772
*
* * * * **
Economic Benefits of Walkable and Bike Friendly Communities
Wednesday, April 17th | 2:00 to 3:00 pm
As communities work to maintain or restore their vibrancy and sense of
place, providing great places to walk and bicycle has been a successful
strategy. This webinar will present case studies on how economic vitality
can be restored in historic downtowns, big cities and rural communities
through improved walk and bike ability.
There is still lots of space in the cycling skills courses being offered
through the City's Leisure Guide. Please distribute widely to remind people
about this opportunity.
City Cycling for Beginners
<http://www.leisureonline.ca/eConnect/Activities/ActivitiesDetails.asp?aid=7
215> : Do you want to ride your bike more often but just don't feel safe? Do
you want to teach your kids how to cycle safely? Can-Bike certified
instructors from Bike to the Future will help you build both the knowledge
and confidence to start riding on the streets and trails in Winnipeg.
Saturday May 4, 2013 - 12:00 to 4:00 PM - Fort Rouge Leisure Centre
http://www.leisureonline.ca/eConnect/Activities/ActivitiesCourseDetails.asp?
cid=456906&LanguageId=1&LanguageIndex=1&SCheck=420583712&SDT=41336.715277777
8
City Cycling for Commuters: Would you like to start commuting but are
uncomfortable on busier streets? Are you already commuting, but want to
learn the cycling skills that will allow you to ride safely in heavier
traffic? Certified Can-Bike instructors from Bike to the Future will help
you build the skills and knowledge to ride confidently in traffic.
Saturday May 4, 2013 - 12:00 to 4:00 PM - Auditorium-St. James Civic Centre
http://www.leisureonline.ca/eConnect/Activities/ActivitiesCourseDetails.asp?
cid=456905&LanguageId=1&LanguageIndex=1&SCheck=420583716&SDT=41336.716157407
4
Thanks
Dave
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