Colorado activists want wheelchairs permitted in bike lanes

From The Coloradoan:

Mike Devereaux (pictured) says city law is getting in the way of him feeling safe and law abiding at the same time.

Devereaux, who uses a powered wheelchair to travel around Fort Collins, is among local activists seeking a change in a city ordinance that would permit wheelchairs in bike lanes on city streets.

The current ordinance requires wheelchair users, who are defined as pedestrians, to use sidewalks when they are available. When there is no sidewalk, a pedestrian may use the street but is instructed to stay as far to the right shoulder as possible.

But many city sidewalks are in poor condition with deep cracks and uneven sections, he said, making them difficult for a wheelchair to negotiate. A chair can easily tip over or be blocked by an obstacle, such as a fallen branch.

Devereaux said he wants the right to use bike lanes based on his appraisal of a sidewalk and whether it is usable.

The decision shouldn't be left to the discretion of a police officer who is authorized to ticket violators of the law, he said.

"I don't like being in a position where I don't know if I'm breaking the law or not," he told the City Council last week.

Devereaux is a member of Barrier Busters, an advocacy group for people with disabilities. Group members have been pressing the council to change the city ordinance for more than a year.

City staff members have recommended against changing the law, citing safety concerns. The city ordinance also matches state statute on pedestrian uses of roadways.

The issue is complex, said Joe Olson, the city’s traffic engineer. Having a city ordinance that does not comply with state law would be problematic.

But the biggest concern is for people in wheelchairs, he said. The issue isn’t sharing a lane with bikes but sharing the street with cars and trucks, he said.

“We really don’t want to encourage wheelchairs in the streets,” he said.

Instead of changing the law, staff has recommended working with the police department to raise awareness about the issue, Olson said.

Sgt. Mike Trombley of the Fort Collins police traffic division said he knows of few cases involving wheelchairs in the streets resulting in tickets.

Officers strive to educate wheelchair users about the law rather than write tickets, he said.

The condition of an available sidewalk is something to consider, he said.

“Common sense has to rule the day there,” he said.

On Tuesday, the city’s bicycle coordinator, Dave “DK” Kemp told the council having wheelchairs in bike lanes is not an issue for the cycling community.

A rider encountering a wheelchair would behave the same way as if coming upon a slower bike rider, he said. The rider would check for traffic coming from behind and pass the chair if the way were clear.

Olson said he wants to arrange a meeting with advocates, the police and other city officials to find common ground. The council has not yet given direction on what it wants done.

“I just think we need to talk about this some more,” he said.

In a telephone interview, Devereaux said he has not had conflicts with motorists or cyclists when using the street. He has not had problems with the police.

The issue is a matter of principle, he said.

“I would like to see an ordinance that gives a disabled person the right to choose between the sidewalk and the bike lane,” he said.