They Won’t Obey The Law. So Why Pass It?

 

Community Board 6, Manhattan . Photo by Kevin Dugan for Streetsblog NYC.

People kill people. Therefore, laws against homicide and manslaughter are pointless.

Any lawyer who made such a statement probably wouldn’t be a lawyer for much longer. And anyone else who uttered it might be committed—or, in some places, elected.

While nobody in Manhattan’s Community Board 6–which includes the east side of the borough from 14th to 59th Street, one member of that wise and worldly body said something that is, at least to mind, just as logically flawed.

Or could it be that Jason Froimowitz has access that I lack to powers of reasoning. He was reactingto a bill, proposed by City Council Member Robert Holden, that would require, “ every bicycle with electric assist, electric scooter, and other legal motorized vehicle that is not otherwise required to be registered with the DMV, to be registered with DOT and receive an identifying number which would be displayed on a visible plate affixed to the vehicle.”

That sounds good on its face. But, perhaps not surprisingly for anything from Holden—who’s never met a cop or car he didn’t like—it’s not very well thought-out.  For one thing,  doesn’t address a legal loophole that allows moped buyers to leave the shop without registering the vehicle. So someone could buy a moped and the city would be none the wiser—and thus unable to enforce a mandate to plate.

The bill also does not acknowledge a major source of dangerous moped and ebike operation:  food delivery apps, which guarantee customers that their ramen will be delivered within 15 minutes or some similar time frame.  As it stands, delivery services and the restaurants that employ them face no penalties when their delivery workers maim or kill someone.

To be fair, requiring registration—from the point of sale onward—would make it easier to hold Doordash and their ilk to account, in part because the police will have one less excuse for not enforcing bans on motorized vehicles in bike and pedestrian lanes—and for not citing dangerous operation on the streets.

Froimowitz's objection to the bill, however, has nothing to do with the flaws I have enumerated.  Rather, he seems to think that passing any law to address the issue is pointless.  This would-be bastion of jurisprudential logic instead offers up this analogy as his reason for voting against the bill:

We currently require registration and license plates for motor vehicles in New York City and there is a prolific problem of vehicles obstructing, and removing, and defacing those license plates, so I fail to see how a solution requesting new implementation of  license plates would be effective. 

Before I proceed, I must say that I fail to see how a vehicle can obstruct, remove or deface a license plate.  And I am trying to wrap my head around "a prolific problem."  When someone or something is "prolific," they produce something in abundance, whether it's fruit from a tree or writing from a blogger.  A problem does not produce anything; it is produced and whatever produces it might be prolific if it is making more problems or anything else.

Now that I have pointed out the mixed metaphors and overall lazy use of language by a member of a community board that includes some of the city's most affluent and presumably best-educated residents, I will say, in fairness, that he is right on one count:  No regulation will stop all dangerous, discourteous and simply stupid behavior.  But to use that as a reason not to require registration and plating is a bit like saying that there shouldn’t be any restrictions on guns because someone, somewhere will find a way around them.

Bringing Us Our Daily Bread

People curse and depend on them.  I'm talking about those food delivery workers on e-bikes who weave, at breakneck speeds, through traffic and buzz pedestrians and cyclists.  People complain when they're nearly struck, or simply scared, by those couriers whom they expect to bring pizza, tacos, General Tso's chicken, sushi or pad thai to their doors within 15 minutes after placing their orders.  And, since most of those delivery workers are paid by the number of deliveries they make, and depend on tips, they will continue to rush within a hair's breath of anyone who's walking or pedaling in "their" bike lane.  As much as that annoys, exasperates and freaks me out, I try not to be too angry with them:  After all, many of them are supporting families here and in their native countries (nearly all are immigrants, many of them undocumented) and have limited job opportunities because they speak English poorly or not at all and may have educational or professional credentials that aren't recognized here.

Still, as much as I respect their work ethic,  I have to admit that no delivery worker I've seen has anything on this one in Cairo, Egypt:

#video
bread delivery in Cairo 🥖
🚲#ifb #SaturdayKitchen #Food #bicycle pic.twitter.com/dxqQBUr64R

— You Must Do✍️SURVEYS (@youmustdo1) August 14, 2021

Lancaster Bans eBikes From Sidewalks

Some of you may believe that I have a bias against e-bikes.  I won't try to disabuse you of that.  My prejudice stems, in part, from pride (apologies to Jane Austen):  I can pedal; I don't need no stinkin' motor," I tell myself.

OK, now I have revealed two more things about myself:  I talk to myself and, worse, I use double negatives. About the latter, I tell myself, if they're good enough for other languages, why not English?

Anyway, now you can, if you wish question my grammatical competence and my mental health along with my impartiality when it comes to two-wheeled vehicles.

Oh, but there's another component to my bias against eBikes, which I haven't revealed to very many people--until now. (And it still may not be very many people, depending on how many readers this post garners!)  You see, one of my very first encounters with an e-bike, a couple of years or so before the pandemic, was much too close.  I crossed Broadway at Crescent Street and was walking toward one of those stores you go to for a light bulb or a battery when something glanced off my left elbow.

I recognized the guy--a delivery worker I'd seen before on a mountain bike that had as much rust and gunk as paint or rubber (and possibly metal).  That night, he was astride one of the first eBikes I'd seen in this city.  I cursed at him, not only for nearly knocking me down, but for his seeming indifference, which was reflected by the manager of the restaurant when I complained to him.

I haven't patronized that restaurant since--which, to be fair, I hadn't patronized much up to that point.  But I guess that, like most New Yorkers, I have become accustomed or resigned to the eBikes.  As I've mentioned in other posts, I can understand why some delivery workers would use them:  They might be delivering orders from one of those apps that promises you'll get your pizza, tacos or whatever within a certain time frame.  Or they might be a family's main breadwinner--whether that family is here or in El Salvador or China or some other far-away place-- speak little or no English and be aging--and have few or no other employment prospects.  

But one opinion I've developed, and won't change, is this:  They don't belong on any path lane, sidewalk or other pathway used by bicyclists, pedestrians or anyone else moving about without a motor--with the exception of motorized wheelchair users.

The Bureau of Police in Lancaster, Pennsylvania seems to share my opinion.  This week, they released a statement banning electric bikes--along with skateboards and unicycles-- from sidewalks. 

Now, since I don't cross paths (pun intended) with  skateboarders and unicycles as often, I haven't developed as strong feelings about them.  My main complaint about skateboarders is that they stop frequently, sometimes in the path of cyclists, often without intending to do so.  The few times I've had to do a quick dodge around a skateboarder, he (nearly all I've encountered have been teenage boys and young men) was apologetic and polite.  And I've had so few encounters with unicyclists that I really don't think about them.   But, I can understand why some pedestrians--especially if they are elderly and have mobility issues--would feel endangered by skateboarders and unicyclists.  

What, And How, We Have Delivered

Today is Labor Day in the U.S.A.  I am going to talk about some people who make their livings on their bikes.

No, this isn't about professional bicycle racers.  Rather, I am referring to messengers and delivery workers.

I was a New York City bicycle messenger for just over a year, in 1983-84.  FAX machines were becoming fixtures in offices and other work (and, in a few cases, residential) settings;  a decade would pass before the Internet would connect them.  Still another decade or so would go by before documents like contracts that required signatures could be sent digitally.

Nearly four decades ago, most restaurant and other delivery workers rode bicycles; so did just about all messengers.  The differences between and among us were in the kinds of bikes we rode.  Some restaurant and pizzeria delivery workers pedaled specially-made industrial bicycles with fitted baskets, most of which were made by Worksman Bicycles, still located just a few miles from my apartment.  Others--and some messengers--rode whatever they could get, from whomever they could. (It was common knowledge that if your bike was stolen, you should go to (pre-gentrified)  St. Mark's Place where, shall we say, one didn't ask questions.)  And then there were messengers who rode the then-newfangled mountain bikes or bikes that seemed newfangled to most people even thought they'd been around since the early days of bicycles. I am talking, of course, about fixed-gear machines.

Such was the case until well into the 2010s.  These days, however, you never see a delivery worker on a pedal-only bicycle:  They're riding e-bikes.  The reason for that is, of course, that most are working, not for the restaurants themselves, but for app companies like DoorDash, who classify their deliverers as "independent contractors."  That means those workers are paid--and their terms of employment depend on metrics the company keeps.  

I, and most other messengers, were paid in the same way.  The difference was that we weren't working for app companies that recorded our every move and turned the data into "metrics."  If we got that contract or sample--or, in one case I recall vividly, a paining from a Soho gallery (Yes, the neighborhood hadn't yet become an open-air mall.) to Judy Collins (Yes, that Judy Collins!) in a timely fashion, we were considered "good" messengers and got more work.  

As the wheels under delivery workers turned from pedal bicycles to eBikes, bicycle messengers disappeared.  I rarely them anymore, even in the Financial District and other dense neighborhoods of Manhattan.  Much of the reason for that is, of course, the digitization of documents.  Not only does that mean much less work overall; it also means that are few urgent or "rush" deliveries.  That, in turn, means customers are less willing to pay more than a couple of dollars to have, say, a sample of a neon hoodie brought to their door.

Photo by Cole Burston, for the Toronto Star

I hope I don't sound like an old fogie (after all this is Midlife Cycling!) pining for "the good old days."  But there is much I miss about the messengering milieu of four decades ago.  For one, I was able to make pretty decent money--which is precisely what enabled me to move back to New York.  For another, it was a job that people like me, a young misfit, could do.  Finally, being an "independent contractor" meant that I was, well, independent:  As long as the jobs I took on were done quickly, people didn't care about how I dressed (though I did try to be neat, as I occasionally entered professional offices) or, for that matter whether I was hung over or high.

OK, now I'll tell you about one of the dirty little secrets of the trade.  In addition to consuming lots of pizza, pasta, rice and beans, french fries and other high-carb foods, we partook of, uh, certain herbal substances.  I haven't smoked weed since, probably, a year or two after I stopped working as a messenger, but in those days, I smoked stuff I rolled myself.  So did just about every other messenger I knew.

(One great thing about getting older is that the statute of limitations runs out on most non-capital offenses!)

I think that for food delivery workers, nearly all of whom are immigrants, there is a more serious consequence. Ebikes are far more expensive than regular bicycles.  Few, if any, can pay for them up front.  So, they are in debt, whether to the dealers who sold them the machines or to whomever loaned them the money.  

Photo by Paul Frangipane, for Bloomberg News

Oh, and even though the New York City Council ruled  that delivery workers for app companies are, in fact, employees who are entitled to minimum wage, unemployment insurance, worker's compensation and other benefits, the companies are simply flouting the law because they know a worker who's in debt and doesn't speak English well or at all is in no position to fight them.

In short, the changes in delivery work--and the near-disappearance of messenger work--has, to whatever degree, contributed to the ever-widening gap between, not just the rich and poor, but also (and more importantly, I believe) between those who can gain a foothold in this economy and move up, and those who can't.  I have to wonder what the young person I was--depressed and angry, unable to deal with office politics or over-entitled clients--would do today.

Their E-Bikes Or Their Apartments?

I haven't said much about electric bikes (e-bikes) on this blog.  I have nothing against them:   I simply have no experience with them.  

They are often touted as a "green" alternative to driving.  That's probably true, but I don't expect people to use them instead of their cars for long trips or if they have to carry a lot.  Strictly based on my own observations, I'd say that most people who are riding them to work or wherever are using them as an alternative to mass transportation, walking or a traditional human-powered bicycle, not an automobile.

I also see a fair number of people who seem to be riding them recreationally.  Here in New York City, however, the largest number of e-bike riders seem to be delivery workers of one kind or another.  E-bikes are faster than regular bicycles, at least for most people, so workers can make more deliveries in less time. That's no small consideration, as many workers are paid per delivery.  

Another thing I've noticed is that many of those delivery workers are older than ones I've seen before the advent of e-bikes.  My guess is that the majority are immigrants, many of whom don't speak English or have other marketable skills or credentials recognized in this city or country.  Some are breadwinners, not only for their spouses or partners and kids, but also for extended families, whether here or in their birth countries.  For them, e-bikes are a form of life support, if you will.

It also happens that a good number of those workers live in public housing, a.k.a. "the projects."  

Thus, the New York City Housing Authority's proposal is stirring up a hornet's nest of controversy.  The rationale for it is the Fire Department's report stating that, to date, 104 fires have been caused by lithium-ion batteries, the power source of electric bikes.

In NYCHA's proposal, "residents and their guests may not keep or charge e-bikes or e-batteries in apartments or in common areas of NYCHA buildings."  The agency defines "common areas" as "included but not limited to stairs, halls, laundries, community rooms, storage rooms, walks, drives, playgrounds and parking areas."  In effect, NYCHA wants to ban e-bikes on all of its property.  Workers wonder whether this will cause them to be targeted if they even enter the grounds of a NYCHA complex to make a delivery.

Nathaniel Hill won't be able to keep his e-bike under a NYCHA proposal. Photo by Noah Martz, for Streetsblog.

While it's true that there is a fire hazard, and a fire can cause a greater number of casualties in a densely-populated housing complex, residents and advocates see the proposal as discriminatory, as electric cars are allowed to park in NYCHA lots and Citibike e-bikes park in docks adjacent to NYCHA buildings.  Also, the proposal, if enacted would put delivery workers who live in NYCHA buildings in an impossible situation. "Nobody should be forced to choose between keeping their housing or keeping their job," said Transportation Alternatives' Senior Organizer Juan Restrepo. He suggests that Mayor Eric Adams come up with other solutions, such as public charging stations and secure parking areas.  

 

No Identity For Delivery Worker

Unless you've been living under a rock for the last 17 years, I don't have to remind you that today is the anniversary of one of the most tragic events in US history.

On this day in 2001, four flights were hijacked.  One crashed into a Pennsylvania field after some passengers tried to subdue the hijackers.  Another hit the Pentagon and the others, as everyone knows, crashed into the World Trade Center.

Even at this late date, remains are still being recovered and victims identified.  But there are some that, perhaps, may never be known. 

One of them, it is said, delivered breakfast sandwiches to office workers in the Towers and never came out.  His bicycle became an impromptu memorial:

Photo from Raisch Studios

To this day, no one seems to know his name.  More than likely, he was an immigrant, possibly illegal.  I can't help but to think that status, as well as his the fact that he was "just" a guy making deliveries on a bicycle, made him a low priority for those in charge of identifying victims.

I also can't help but to wonder how many more like him died that day, after pedaling down lower Manhattan's valleys of asphalt and glass to bring orders of bacon-egg-and-cheese-on-a-roll to folks at their desks.