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.

Will Seattle Repeal Its Helmet Law?

In March, I wrote about how debates over Seattle's bike-helmet law came to include arguments about racial and economic justice.  As with so many laws, it has been unequally enforced:  African-Americans and Native Americans (the latter of whom the Emerald City has one of the largest communities) are more likely to be cited, fined and even arrested for cycling bareheaded.  If Black and Native cyclists ride bareheaded, it's not because they value their brains less or feel more impervious than, say, White or Asian cyclists.  Rather, helmets--which, I believe, should be bought unused--sometimes cost more than the bicycles people ride, which may have been bought cheaply, donated or gifted to their riders, or rescued from a dumpster.

Now another facet of that racial/economic justice has surfaced as the King County Board of Health considers a vote to repeal the law, which has been on the books since 2003.  Most bike lanes in US cities didn't exist when law was passed.  Neither did three kinds of vehicles that, today, often outnumber traditional bicycles on those lanes:  electric bikes, motorized bikes and scooters.  While scooters, especially those with electric or motorized assists, are ridden (at least here in NYC) mainly by the young and relatively affluent, riders of e-bikes and motorized bikes are older or, most often, delivery workers who are (again, at least here in NYC) most likely to be poor immigrants who may speak little, if any, English and thus have few other options for earning income.

Ever since I started wearing a helmet, I've encouraged others to do likewise.  My endorsement of them has grown more emphatic over the past year because the surgeon who examined me said, in essence, that I came out of a crash I suffered last year because I was wearing one.  And, while I was once sympathetic to the libertarian arguments against helmet laws, I feel that there should be incentives for wearing them.

Most important, though, I think that if any jurisdiction wants to mandate helmets, it has to enforce the policy consistently and fairly.  That has been the main argument for repealing King County's law:  It has never been enforced equitably, let alone fairly, and doing so has become even more difficult.  So, the argument goes, why should a law exist if it can't or won't be enforced.

Photo by Sylvia Jarrus, for the Seattle Times

That logic makes sense for some laws, such as the ones against using, possessing or selling marijuana.  As with the 1920s prohibition against alcohol or the cabaret laws that ostensibly led to the 1969 Stonewall Inn raid, it was used mainly as a weapon against certain groups of people.  I agree that a law shouldn't be enforced disproportionately against some people, but I also think that not all laws are equally valuable, or even necessary.  To wit:  I think there's no reason to prohibit marijuana, alcohol or some other substances.  The only laws regarding them, I believe, should impose an age limit on who can purchase or use them and the contents of those substances.  And there's no reason to limit what goes on in a bar or cafe as long as it doesn't harm employees, patrons or the general public.  On the other hand, the burden of obeying a law shouldn't fall on some people more than others.  People who pedal traditional bicycles are far more likely than those who ride motorized or electric bikes, or scooters.  (I almost never see a scooter-rider with a helmet.)  

So, if the folks in King County want to repeal their helmet law, I hope they do so for the right, or at least good, reasons.  An unwillingness to enforce it--equitably, or at all--is not one of them.

His Research Confirms It

Two weeks ago, I wrote "Are Helmets An Issue of Racial and Economic Justice?"  In it, I described a perhaps-unintentional consequence of laws mandating helmets:  Black, Hispanic and Native American cyclists are far more likely to be ticketed for infractions than White or Asian cyclists.  That begs the question of whether non-white or -Asian cyclists are less likely to wear helmets and of why some don't wear them.

One answer to the latter question is economics:  Nonwhite cyclists are more likely to be poor, or even homeless, and riding bikes they bought for very little, inherited or rescued from a dumpster.  People don't buy a helmet if they can't, or can just barely, afford a bike.

Cyclist pedals by the Suzzallo Library (Photo by Nicole Pasia)

But the question of whether some groups of people are less compliant than others is still open.  Ethan C. Campbell might have an answer--or, at least a reason for a non-answer.

He is a doctoral student at the University of Washington and a member of advocacy group Central Seattle Greenways.  As part of his research, he has been working on an infractions analysis of tickets issued to Seattle cyclists from 2003 to 2020.  So far, he's learned that Black cyclists were cited for helmet-related infractions at 3.8 times the rate of White cyclists.  For Native American and Alaska Native cyclists, that rate is 2.2 times.  On the other hand, Asian and Pacific Islander cyclists were cited at only 10 percent of White cyclists.  

(I could find no mention of Hispanic cyclists.  Perhaps they are not as statistically significant as they are in cities like New York.  From what I've heard and read, Native Americans and Alaska Natives are a larger percentage of the population than they are in other US cities.)

To be fair, the disparities are more egregious in other cities:  In Washington, DC, for example, Black cyclists were almost ten times as likely to be stopped as White cyclists, while that ratio in Oakland, CA is five times.  

While Campbell's findings are important, he admits there are two significant problems in compiling and analyzing them.  First of all, it's difficult, without someone sitting on a corner with a counter, to gauge each demographic group's share of bike trips in Seattle.  (And, I might add, some people's racial and ethnic heritage is not easily idenitifiable.)  For another, says Campbell, "we don't know the demographic of who wears a helmet."  In other words, does the fact that certain groups of people are cited for violating a law actually mean that they are more likely to violate said law.

(Memories of my youth--which, I admit might be a bit hazy (ha, ha) give me an answer of "NO!":  While the white students I knew in college were more likely to smoke weed, black "townies" were more likely to be busted for it!)

Even with those questions, Campbell's research confirms that if you're Black or Native American or Alaska Native in the Seattle area, you're more likely to get a ticket for not wearing a helmet.  That reflects realities in other parts of the US, some of which I've witnessed:  Almost everyone who's cited for riding on a sidewalk in New York City is non-White or -Asian. 

And, of course, Black, Hispanic, Native American and Alaska Natives are less able to pay for the tickets they receive--which leads to all sorts of other inequalities.

Are Helmets An Issue Of Racial And Economic Justice?

 Four decades after helmet-wearing became widespread among cyclists, at least here in the US, helmet laws and regulations remain controversial.  Medical experts are all but unanimous in recommending helmets, citing their efficacy in preventing brain injury (something to which I can attest).  So, most doctors and surgeons favor requirements to wear head protection.

On the other hand, not all cyclists favor such regulations. I admit that sometimes I miss the wind through my hair, and I'm sure I'm not the only one who feels that way.  But I want to keep on riding, so I am willing to sacrifice that to keep my brain intact. And, as much as I respect this country's Constitution, with all of its flaws, I don't buy civil libertarian arguments against helmet laws--which some cyclists voiced years ago but I rarely hear anymore. (That, of course, may be a consequence of where I live and the people I normally see.)  Still, I am conflicted about helmet laws.  I certainly encourage cyclists to wear helmets, but I also understand that laws have unintended consequences.

One such outcome has played out in the Seattle area.  In a way, as upsetting as it is, it shouldn't come as a surprise because it's a result of a pernicious, pervasive problem:  the unequal enforcement of the law. 

If you are, or are perceived as, a member of any "minority" group, whether by race, gender identity or expression, sexual orientation, or socio-economic class, you are more likely to be cited for minor infractions--or for no infraction at all--than other people are.  (Yes, it's happened to me.)  Turns out, one such minor infraction can be riding bareheaded in places with helmet laws.   And, if you are a member of a "minority" group, that citation for a minor infraction is more likely to turn into a major fine or even a jail sentence, just as a cut is more likely to turn into an infection or something more serious if you don't have the means to treat it.

The key word here is "means."  "Folks aren't riding around without helmets because it's fun," according to Edwin Lindo.  "They're doing it because helmets aren't cheap."  Lindo, who identifies as Central American Indigenous, started the NorthStar Cycling Club to support Indigenous, Black and other cyclists of color in the Seattle area.  He was referring to Seattle Municipal Court statistics showing that while an estimated 4.7 percent of the city's cyclists are Black, they receive 17.3 percent of the summonses for not wearing helmets.  For Native American and Alaska Native cyclists, those numbers are 0.5 and 1.1 percent, respectively.

Edwin Lindo

For this reason, and others, Lindo and other activists encourage helmet-wearing but want Seattle to repeal its mandatory helmet law.  They cite the experience of Tacoma, which repealed its own helmet law, because it was, if unintentionally, reflecting the racial and other disparities in law enforcement.

One of the other disparities is economic:  Homeless and poor people are also disproportionately cited for not wearing helmets.  As often as not, they are riding bikes that were acquired for little or nothing.  So, they don't have funds to pay for buy a helmet--or pay for a ticket when they're cited for not wearing one.

So, the question of wearing helmets raises a question the COVID-19 pandemic has brought up:  How does a society promote the health and safety of the greatest number of people without exacerbating racial and economic inequities?

I'm Such A Rulebreaker, Sort Of...

I wear a helmet when I ride.  Well, most of the time, I do.  Whatever the naysayers might say, I have had two occasions when wearing my helmet probably, if not saved my life, then at least prevented serious injury.  In the second of those incidents, my helmet actually broke in two but I escaped with only a few scratches.

I admit, though, that I've ridden bareheaded, even after those incidents.  When I ride in Florida, I don't wear a helmet:  Even on cool days, most riders, it seems, aren't wearing them. And on my recent trips to Paris, Rome, Cambodia and Laos, I went sans casque, except on the Grasshopper tour in Siem Reap.  I think the only reason we had those is that Grasshopper tours is run by Westerners and was probably covered (pun intended) by insurance regulations in the US or someplace else.  Otherwise, in Southeast Asian countries, I'm not sure I could have even found a helmet: I didn't see any in the bike shops I peeked into, let alone the bike stalls of the market places. 

In the Italian capital, I followed the age-old advice: Do as the Romans do.  I did the same in Paris, which meant that in both cities I didn't wear helmets.  It wouldn't have been hard to find a hardhat in either city:  In fact, some rental services offer them. But it seemed that no one else was wearing them, so I didn't.

So, even though I have had occasions in which wearing a helmet might have saved me, I am still hesitant to support laws requiring every cyclist to wear one.  We don't have such a law here in New York, though every once in a while some police officer tickets an unsuspecting rider who isn't wearing one. In some places, like New Jersey, helmets are mandatory for kids; a few other places require them for adults.  But even though helmet-wearing has become more or less the norm in much of the US, there are still relatively few places that require it.

I am more ready, however, to support another ban:  one on headphones, at least ones that cover the ear.   Right now, the city of Washington, DC forbids cycling with headphones.  So do a few other jurisdictions; more, however, do not allow motorists to drive with mini-speakers covering their ears.

Now some startup company, Conduit Sports, has come out with a headphone that doesn't cover the ear and block the ear canal.  Its creators say their device allows for "situational awareness". By that, I assume they mean that you can hear horns and other traffic sounds while you listen to Cardi B or Brockhampton.  

Riding with such headphones may well be safe.  Still, I'll stick to riding without them, or without any other audio stimulation other than what's provided by my surroundings when I ride. Even if I'm doing a ride I can do in my sleep, I prefer to hear what's around me, in part because it helps me to think, meditate or simply relax while riding.  Also, I reckon it's safer than riding even with those new headphones.

But I'll still wear my helmet. Most of the time, anyway.

Edward Adkins: A Victim of Phantom Law Syndrome

During one of my many rides to Point Lookout, I was riding between a traffic jam and the shoulder of Lido Boulevard, just west of the Meadowbrook Parkway entrance.  As I recall, it was a weekday, so I wondered why there so many cars along the Boulevard headed away from Point Lookout. 

I soon had my answer.  Just past the high school, a truck crashed--apparently, from swerving.  The light turned red; I stopped.

"Ma'am.  Get over here!"  I didn't think the burly man in a suit was yelling to me--until he scuttled in front of me.

"I'm talking to you!  When I say come, come!"

"Why?  You're not my father!"

"Don't get cute with me!"

"As if I could..."

"Listen, I don't wanna arrest you..."

"For what..."

"Never mind.  See that truck over there."

I nodded.

"Well, there's a guy on a bike under it, with his skull crushed.  Doesn't look like he's gonna make it."

"Oh, dear..."

"Listen, that coulda been you!"

"Well, I'm careful."

"Well, you were riding carelessly."

"How so?"

"You were riding between cars..."

I wasn't, but I didn't argue.  Then he lectured me about bicycle safety, pointing out that he was a "bicycle safety officer" for the local police department.  I had the impression that everything he knew about bicycle safety, he learned from one of those movies they used to show kids back in the days of "air raid drills".

"That's against the lore (translation:  law), ya' no'."

Then he ordered me to take off my sunglasses.  "Doesn't look like yer under the influence."  Squinting, I slid them back onto my face.

"Where do ya live?" he demanded.

"Astoria."

"You rode all the way from Queens?"  Again, I nodded.

"Well, at least you're wearing a helmet.   The guy under the truck wasn't."

Silence.  Then, "Listen, be careful. I really don't want you getting hurt.  And remember...don't ride between cars.  If I see you doin' that again, I'll hafta write you up."

Later, I looked up the traffic and bicycle codes for the town where I encountered that officer.  I couldn't find any prohibition against riding between cars.  Nor could I find any such regulation in county codes or New York State law. An attorney I contacted called that officer's assertion "nonsense".

Now, the officer I encountered that day may have been upset after dealing with a cyclist who got his head crushed under a truck. Or he may have been having a bad day for some other reason, or had some sort of unspecified rage--or a more specific animus against cyclists, or me as an "uppity" (at least, in the eyes of someone like him) female.  

Or he may have just been suffering from what I call "Phantom Law Syndrome".  

To be fair, police officers aren't the only ones prone to PLS. Lots of people think there are, or aren't, laws against one thing or another in their jurisdiction.  So, they might break a law without realizing it, or keep themselves from doing something because they believe, incorrectly, that there's a law against it. Or they might accuse someone of breaking a law that doesn't exist.

Also--again, to be fair--laws change.  Sometimes they're struck down, aren't renewed or replaced with other laws. Or  they're passed with little or no fanfare.  So, it's not inconceivable that some officer or detective wouldn't be aware of such changes.

I was reminded of those things, and the encounter I've described, when I came across the sad saga of Edward Adkins.

Edward Adkins

Nearly two years ago, a police officer saw the Dallas native riding his bicycle, sans helmet, in his hometown. Apparently, the constable didn't realized that the city's ordinance mandating helmets had been struck down, at least for adults, a few months earlier.  Adkins, 46 years old, lives off odd jobs and didn't have $10 to pay the fine.  

Now there is a warrant for his arrest, which he can pay off--for $259.30.  

Now, I am not a lawyer, and I certainly am not familiar with the police or courts in Dallas.  Still, I can't help but to think that there must be a way to lift the warrant--and to void the ticket because it shouldn't have been issued in the first place.

Even if he has such recourse, though, I imagine it would be very difficult for Adkins to pursue.  After all, doing so would take time and money that he, apparently, doesn't have. 

It also doesn't help Adkins that, in addition to being poor, he is black and lives in a neighborhood comprised mainly of people like him.  Living under such circumstances leaves you even more vulnerable to police officers and other authorities with PLS.  For that matter, laws that actually do exist for such things as wearing helmets and against such things as riding on the sidewalk are more often, and more strictly, enforced in poor minority neighborhoods than in other areas.   I have witnessed it myself:  Not long ago, while riding through the East New York section of Brooklyn, I saw three officers grab one young black man who rode his bike on the sidewalk while a young white couple pedaled through a red light.

Now that I think back to that encounter with the "bicycle safety officer" on Lido Boulevard, I can't help but to wonder how it might've turned out if I'd been darker and poorer (or, at least, riding a bike that wasn't as nice as the one I was riding)--or if I hadn't been wearing a helmet, whether or not one was mandated.