Is This A Victory For Social Justice—Or A Defeat For Public Safety?

 Last year, I wrote about the debate over the helmet law in King County, which includes Seattle.   The arguments, as I recounted, have been presented as either public-safety or social-justice issues.

On one side, those who wanted to keep the regulation posited the same reasons proponents of similar mandates in other jurisdictions assert: Helmets prevent, or greatly reduce the chances of life-altering or -ending head injuries. This argument is made even more forcefully to require helmets for children, as many locales do. King County has been one of the few jurisdictions to require them for cyclists of all ages.

While opponents don’t deny the value in promoting safety for all, they point to the uneven enforcement of the law. While proponents—who include medical experts as well as some policy-makers and cyclists—cite statistics indicating that “helmets save lives, full stop,” in the words of one researcher, opponents point to equally-persuasive statistics showing that Native Americans (of whom the Seattle area has one of the largest communities in the U.S.), African-Americans and immigrants are disproportionately stopped, ticketed and even arrested because they weren’t wearing helmets.

Notice how I worded the last part of the previous sentence. Too often, critics charge, the helmet law is used as a pretext for stopping non-white, poor, homeless and visibly non-gender-conforming cyclists. Such cyclists are, as often as not, using their bikes as their primary or sole means of transportation.  Or they may be using them to make deliveries or to, in other ways, work. Such riders often ride bikes that were given to them, salvaged or acquired through barter or for little money. This, they may simply not have the funds to purchase a helmet.

Well, opponents seem to have taken the day.  Yesterday, the King County Board of Health voted to repeal the law, which had been on the books since 1993.  This repeal will take effect 30 days after the vote.

While I wear a helmet and encourage others to do the same, I am ambivalent about mandates. One reason is unequal enforcement I’ve described.  Also, as some have noted, attitudes and social norms about helmet-wearing have changed during the past three decades. Thus, some say, all-age helmet requirements probably don’t encourage helmet use: The cycling haven of Portland, Oregon, which has never had an all-ages requirement, has a level of helmet-wearing similar to that of King County.

The repeal, however, does not mean that all cyclists in King County can ride bareheaded:  Seventeen municipalities (which do not include Seattle) have their own helmet codes, which won’t be affected by the repeal.  So, I suspect, the fight is not over.