Bicycle Licensing: An Instrument of Racial And Economic (In)Justice

Last week, I wrote about the arguments over a planned bike lane in Berkeley, California. One resident referred to it as a "culture war."

If it is, I am surprised that controversy about another bit of bicycle-related policy or planning hasn't been seen in the same way.  I am referring bicycle-licensing regulations.

While bike lane battles have garnered a lot of attention during the past decade or so, bike licensing has been mostly an under-the-radar issue for nearly as long as bicycles have existed.  

The battle-lines in bike-lane conflicts are drawn largely along generational lines and between business owners who fear losing parking spaces and people who want more walkable and cycle-able downtowns. On the other hand, the quieter battles over licensing laws divide people, ironically, pit people against each other in a very visible way--one that has defined some loud and violent protests in recent years. 

While there was little or no bike lane construction, at least in the US, between the end of World War I and the beginning of this century, many jurisdictions, from small seaside villages to major metropoli, have had bicycle licensing regulations on their books for decades whether or not most citizens are or were aware of them. As an example, in 1957 Toronto repealed such a law that had been on the books since 1935.  Several times since, the idea of resurrecting the law, or some version of it has been re-visited and, ultimately, rejected, albeit for different reasons.

When the Canadian city got rid of the requirement that stood for more than two decades, few adults rode bicycle.  Thus, according to city fathers (yes, they were all men) "licensing of bicycles be discontinued because it often results in an unconscious contravention of the law at a very tender age; they also emphasize the resulting poor public relations between police officers and children."  Translation: Kids break a law they don't realize exists until they're busted for it, so no wonder they grow up hating cops.

The cost-ineffectiveness of the scheme was also cited in scrapping it and against reviving it.  Also mentioned in the discussions of bringing it back to life is that licensing does little, if anything, to promote bicycle safety or return stolen bikes to their owners--two rationales that have been given for mandating bike registration in what one of the city's most famous natives, Drake, calls "The Six." The cost of administering the program has also been invoked as a reason to end, or not to begin, bicycle licensing and registration programs in other locales.

During the last few years, however, an objection to bike licensing has echoed something that has motivated so many protests of the past few years:  racial injustice.  As an incident in Perth Amboy, New Jersey showed all too clearly, in those few instances when the police stop or even arrest cyclists for riding without a license--or not wearing a helmet, or for violating some other rarely-if-ever-enforced law--the ones penalized are not White and/or do not conform to gender "norms."

David Martinez

That is one reason David Martinez worked to abolish a bicycle registration mandate in his hometown and state of Costa Mesa and California, respectively. Three years ago, he went to the police to register his bike.  When he asked about the program and who gets ticketed, "they said, 'we might ticket the homeless."  That motivated him to make a public records request.  He found that, according to the department's own data, most of the citations were issued on the city's west side, an old industrial area where, not surprisingly, much of the city's nonwhite and homeless populations are concentrated.  He presented his findings to safe streets advocates who, in turn, contacted politicians.

Now Costa Mesa is about to comply with an omnibus bill California Governor Gavin Newsom signed in October.  It calls for, among other things, the abolition of bicycle-licensing and -registration laws and regulations, which have been locally administered, throughout the state. Costa Mesa is the latest municipality to align itself with the new law.

I don't know whether Martinez or anyone else in the Golden State has framed the effort to end bicycle registration as a "culture war."  However, whether or not he has used such terminology, he (like, I imagine, Newsom) no doubt understands bicycle licensing--or, more precisely, how it's enforced--as a racial and economic justice issue precisely because it has never served the purposes (safety, recovery of stolen bikes) given as its rationale.

Why George Floyd And Tulsa Matter For Cyclists

There's just something about this date, 25 May.

Around this time, I believe, Spring starts to tilt toward Summer, at least in the temperate parts of the Northern Hemisphere.  Every few years, Memorial Day falls on this date, as it did last year.  It's the birthday of Lucy, of the eponymous novel by Jamaica Kincaid.  In 1787, the US Constitutional Convention convened in Philadelphia; Argentina's revolt against Spanish rule began in 1810.  And, interestingly, on this date in 1961, President John F. Kennedy challenged his country to land a man on the  moon before the end of the decade; exactly 16 years later, one of the most popular movie franchises in history--Star Wars--premiered.

And, one year ago today, enough happened that, if Stephen Dedalus of The Portrait of An Artist As A Young Man had witnessed it, he'd have to repeat his assertion that history is a nightmare from which he was trying to awake.

Amy Cooper, a.k.a.  Central Park Karen, falsely accused a black man of threatening her and her dog.  Fortunately, the man--Christian Cooper, no relation--captured the event on his phone.  Still, in February, a judge dismissed the charges against her after she completed five therapy sessions "designed for introspection and progress," according to the Assistant District Attorney.

Not surprisingly, that incident was overshadowed by the murder of George Floyd.  That, at least, has brought issues of policing in "minority" communities (in which I include not only non-white people, but those of us who aren't cisgender or heterosexual, or don't otherwise fit into societal standards of gender and sexuality) to the forefront.  

Those incidents, I believe, are relevant to us as cyclists because in too many places, at least here in the US, incidents in which motorists run down cyclists aren't taken seriously. The driver, even if he or she is impaired, distracted or should not have been driving for some other reason, gets off with a "slap on the wrist" and the cyclist is blamed for his or her injury or death.

Oh, while I'm on the subject of relations between non-majority or non-mainstream communities and those who police or rule them, I want to call attention to another incident that occured on the traditional Memorial Day--31 May (next Monday).  Exactly a century ago, on that date, one of the worst incidents of racial violence and mass murder took place in Tulsa, Oklahoma.  A black shoeshine "boy" rode an elevator with a white woman.  I think you can guess what happened next:  the "black ram is tupping the white ewe" rumors began.  They led to confrontations in which  the city's police chief deputized white mobs and commandeering gun shops to arm them--and private planes to drop bombs on the Greenwood district, then known as "Black Wall Street."

Like most other people, I learned about the incident, in which the district was wiped off the face of the earth, by accident, when I was researching something else.  I was, to say, the least, astounded--but not surprised--that the Tulsa Massacre has been omitted from history books. (Victor Imperatus, anyone?)  My shock led me to write an article about it nearly five years ago.  

I mention that incident, and the George Floyd murder because, although one is being brought to light (because of its centenary) and the other resulted in the conviction of a police officer, we as cyclists still need to be wary of increasingly-militarized police forces who still, in too many cases, harass, ticket and even arrest cyclists on specious or simply phony charges  (as happened recently in Perth Amboy, New Jersey) -- and the power structures that give rogue officers more credibility than those they victimize.  

Bill To Ban Bicycle Licenses In New Jersey

Perth Amboy, New Jersey is a largely working-class and non-White city over the Outerbridge Crossing from Staten Island, New York.  Last month, Perth Amboy cops stopped a group of boys on bikes who were popping wheelies and weaving in and out of traffic.  The cops could have used that stop to talk to the boys about bicycle safety. One of the officers did that, but the situation devolved into the cops confiscating the kids' bikes and handcuffing one of them.

The charge?  The kid they took into custody was riding without a bicycle license.

While the city has had a bike license ordinance on its books for decades, that incident marked the first time, to anyone's knowledge, that it was actually invoked.  That it was used to bring in a boy--who, guess what?, is Black--was, to be  polite, specious. 

The incident garnered national attention, which raised the question of what, exactly, are the reasons for, and purposes of, bicycle licensing regulations.  Most were enacted decades ago (That Perth Amboy's license costs 50 cents should give you an idea of how old that policy is!), ostensibly for purposes that are no longer, if they ever were, applicable.  Or increasingly-militarized police forces use them as yet another way to bully, intimidate and harass people less powerful than themselves. (The Perth Amboy cops could just as well have said they were arresting that kid for Riding While Black.)

Yvonne Lopez lives in Perth Amboy.  She also represents Middlesex County, of which the city is part, in the New Jersey State Assembly. On Monday, she introduced a bill (A5729) that, according to its synopsis, "prohibits municipal ordinances from from requiring license tag to use bicycles within municipality."  Currently, a few other New Jersey municipalities require tags or plates on bicycles, but specifics of those regulations vary.

In order to become law, the bill would have to pass in both chambers (Assembly and Senate) of the state Legislature.  I haven't heard any prognostication about the bill's chances of passing, but I suspect they're good, if for no other reason that the State probably would prefer uniformity from one jurisdiction to the next but doesn't want to be tasked with creating a state bicycle license system. 

What (And Who) Is This Law For, Anyway?

We shouldn't make a law we're not willing to use guns to enforce.

So opined Adam Sullivan of The Gazette, a newspaper and online publication based in Cedar Rapids, Iowa.

He voiced this conclusion in a discussion of bicycle licensing laws.  Though he was dealing mainly with such regulations in Iowa, what brought him into the discussion was the viral video of Perth Amboy, New Jersey police officers stopping a group of kids who were popping wheelies while weaving in and out of traffic.  While one officer lectured the kids about bicycle safety, the cops used the boys' lack of bicycle licenses as a pretext for confiscating their bicycles and taking one boy--who is, ahem, African-American--into custody.

Sullivan called this--and what he deemed "outdated" bicycle licensing laws--government overreach, if not in so few words.  He makes the legitimate point that many Iowa cities once had mandatory bicycle licensing laws, and the system mainly served two purposes:  to give the police a chance to interact and "make nice" with kids and other community members when they registered their bikes, and to aid in the recovery and return of lost and stolen bicycles.

While those might be legitimate purposes, bicycle licensing, which is now mainly voluntary, no longer serves them.  Few, if any, stolen or lost bikes are returned to their original owners, in part because police departments, especially in larger cities and towns, don't place bike theft or loss high on their list of priorities.  Also, most bicycle licensing systems began during the 1950s and 1960s, when most Americans still thought, "bikes are for kids."  Today, many more bikes are ridden by--and the stolen from--adults.  So, there is less reason for cops to use bike-safety classes to build rapport with kids, or the larger community.

Also, people's attitudes toward cops, especially in cities, are very different, to say the least, from what they were a couple of generations ago.  So the bike-safety and community efforts would be seen as condescending by some and overreach, as Sullivan says, by others.

While Sullivan frames his argument against bike licensing laws--or any other regulations that can't be, or aren't being, enforced--in libertarian terms, I think his editorial also implies another question:  What, exactly is/are the purpose(s) of bicycle licensing regulations?  If almost no stolen or otherwise missing bikes, with or without tags, are returned to their owners, and meaningful efforts toward improving bicycling safety aren't made by police officers or others who understand cycling (or, better yet, are actually regular cyclists), what good is it to require tags?

Oh, and there is the issue of cost:  Perth Amboy bike licenses cost 50 cents. (How long ago was their law enacted?)  As Sullivan points out, most Iowa bike licenses cost around five dollars.  I have to wonder just how much money is actually collected, and how much it actually helps to make cycling safer.  While I think low-income people shouldn't have to pay for licenses, I also believe that those who can afford to pay more, should, if bicycle licensing programs are to serve any real purpose.

On the whole, I am in agreement with Sullivan on his main point:  Any law that isn't going to be enforced--or, worse, that will be enforced selectively, as it was in Perth Amboy-- shouldn't be on the books.  Ditto for any law that isn't used for the overall public good--or no longer has, or never had, a real purpose-- as is too often the case with laws related to bicycles and bicycling.

 

Cycling While Black, I Mean, Without A License

You've probably seen them:  groups of kids, almost always boys, weaving their bikes in and out of traffic lanes, veering across center lines and riding as close as they can to oncoming cars.  Sometimes, they're popping wheelies as they're zigging and zagging along the pavement.

When I see such groups, if I can catch the gaze of one of their members, I might yell, "Be careful, OK" or simply give them what I believe is a concerned but nonjudgmental look.  Kids need to be kids and, truth be told, I did more than a few stupid and dangerous things.  But I want them to be able to look back and reflect on, well, the stupid and dangerous things they got away with doing.

If cops are going to deal with them, they should stop to the kids and talk to them.  They might continue what they were doing as soon as the cops are out of sight, but I think the cops should at least make them think.  Ticketing--or, worse, arresting--them on bogus charges probably will accomplish nothing more than to make them more distrustful of authority, and defiant, than they already are.

Especially if the charge is one that has never been levied in the history of the kids' community.  

That is what happened last week in Perth Amboy, New Jersey--a city connected to Staten Island, New York by the Outerbridge Crossing.  I occasionally ride through it as I'm pedaling to other parts of New Jersey and I rode in and through it fairly often when I was a student at Rutgers.

Then, the majority of Perth Amboy residents were poor or working-class Hispanics, and there was a sizable Black community.  In that sense, it hasn't changed, save for which Hispanic and Black people live there.  Also not changed is the relationship between the people and the ones who police them.

An already high tension level has ratcheted up during the past year, in the wake of George Floyd's murder and other crimes and misdeeds by police officers against non-white people.  Things could have reached a breaking point--and might, still--after videos surfaced of the police confiscating the bikes and handcuffing one of the boys--who happens to be African American.

The charge--riding while black, I mean, without a bicycle license. I'd love to know when was the last time, before last week, that law was enforced.

 

Cyclists Can't Get Off (Or On) The Island

Every decade or so, some resident of Staten Island tries to resurrect the movement to “free” his homeland from the colonial clutches of New York City.  Much of that impetus is really no different from the change in politics people undergo when they morph from single city dwellers to suburbanites with lawns, SUVs and broods of kids:  No matter how much evidence (statistical and otherwise) they are shown to the contrary, they become convinced that the taxes they’re paying for their plots of land and shelters are subsidizing freeloaders in the city they’ve left behind.

Ironically, there is a strong argument for those Staten Islanders who want to liberate themselves from the Big Apple, even though they never use it:  geography.  You see, although the Island is one of the five boroughs of New York City,  it’s actually closer to New Jersey than it is to Gotham—or, for that matter, any other point in New York State. 

Early governors of both states noticed as much and nearly fought an intercine war over it.  The reason each side wanted it is that the Island, which sits at the point at which the Atlantic Ocean meets New York Bay (at the Verrazano Narrows) and the Hudson River, is the Gateway to New York Harbor.  That distinction was even more important then, long before trucks hauled goods on Interstates and airliners ferried passengers across the ocean. 

So how did the island become a county (Richmond) of New York rather than New Jersey?  It was the “prize” in a boat race.  Or so legend has it. Really, you can’t make this stuff up.  Ever since, some New Yorkers have wondered whether the Empire State actually lost and Staten Island was the booby prize.  That, of course, begs the question of what New Jersey won.  The Nets?

Joking aside, this capsule history is actually relevant to this blog and, in particular, to the subject of this post.  You see, the secessionists’ worst nightmare has come true, in a way—at least if any of the secessionists are cyclists.
  

From Bikensurf

Right now, it is impossible to pedal to or from the Island.  And the only way to get to or from "the forgotten borough" with your bicycle—aside from hauling it in or on a motor vehicle—is to take the Staten Island Ferry to or from Manhattan.  According to a Port Authority official with whom I spoke yesterday, this situation will continue for “about two years”.  That, of course, begs the question of whether those years will consist of “New York minutes” or Biblical days.

Of the bridges that connected Staten Island to the rest of the world, only the Bayonne had a walkway cyclists were allowed to use.  It was closed in September of 2013 for an extensive rebuild which will result in raising the roadway higher above the water so that newer, larger ships can pass.  From May to October of last year, the Port Authority operated a bicycle shuttle across the bridge.  But that shuttle will not be available this year, as the bridge is closed to all traffic, motorized and otherwise. 

If you’ve been reading this blog for a while, you might recall that I've crossed the Bayonne fairly often.  I could do a nice half-day ride by pedaling across the RFK Bridge, up through Harlem and Washington Heights to the George Washington Bridge, along and down the Jersey Palisades, then to the waterfront of Jersey City and Bayonne before crossing to Staten Island and taking Port Richmond Boulevard, which snakes from Superfund sites to the hill of Snug Harbor and some of the most stunning views of the lower Manhattan skyline.  Then I’d hop on the Ferry and, after disembarking, I could pedal or take the subway home.

Now, I would have to end that ride in Jersey City or Hoboken and turn back—or take the PATH train or one of the boats to the World Financial Center.  I’ve done both, and they’re not disagreeable.  But, to me, neither quite compares with taking the Ferry from Staten Island. 

Besides the Bayonne, three other bridges go to and from Staten Island.  One is the Goethals, which had a very narrow path just barely wide enough for most people to walk across.  When my parents were living in New Jersey, I used to take that path because, while not the most pleasant ride, it was convenient:  Once I disembarked from it, I could ride across Elizabeth to State Route 27, where traffic wasn’t terrible.  However, I tried to use it about three years ago, only to find a gate across it.  When I asked a Port Authority officer whether it would open again, he claimed that it never was legal to ride or walk across.  When I explained that I used to take that path “all the time”—and I wasn’t the only one who did—he said it simply wasn’t possible, for there never was any path.  "Well, I guess I broke the law," I said half-jokingly.  "Maybe you did," he replied, suppressing a grin.

Anyway, the PA official with whom I spoke yesterday told me the Goethals is getting similar treatment to the Bayonne and will have—as the Bayonne also will—a “twelve-foot wide bike and pedestrian lane”.   Yes, in “about two years”.

As for the other two connections—the Outerbridge Crossing and the Verrazano-NarrowsBridge—neither ever had bike/pedestrian lanes. The Outerbridge (which is actually named for its builder and is not, as many believe, so named because it’s the “outer” of all of the crossings) takes motorists from the west shore of the Island to Perth Amboy, New Jersey. 

The Verrazano, on the other hand, brings cars, buses and other vehicles to and from Brooklyn.  In his infinite wisdom, RobertMoses didn’t want to deface his last great project with provisions for people who want to walk or pedal.  (It's claimed that he didn’t want buses to cross the span.)  In his vision of the world, everyone would have his or her own car and get in and use it to get in and out of the city—where he or she would work and perhaps shop, but not live.  Even how people played would be determined by the internal combustion engine:  He built Jones Beach, accessible Long Island’s highways but not by the Rail Road or any bus line. 

(Given what I’ve just described, it’s surprising that he actually built the Kissena Velodrome—and that he himself never learned how to drive!)

For me and other cyclists who don’t live on Staten Island, the situation I’ve described is an inconvenience or annoyance.  But those who live there can’t get off the Island—or escape from New York.  I just hope, for their sake, that they aren’t secessionists.  Somehow I don’t think very many of them are.