Does the ADA supersede local restrictions on Ebikes?
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fuyume
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In my case, I have a permanent partial disability, a wrecked right knee from a rollerskating crash in Seattle in 2013. I had to use a cane for many years afterward, and still require it from time to time, especially if I know I am going to be out and about walking for several hours.
While I can pedal a conventional bicycle on a flat road, inclines bring me to a halt, and I have to get off and walk it, because the risk of further injury to my knee is too great (not to mention the pain). I have yet to seek any kind of medical affirmation of my disability, but I am beginning to seriously consider doing so.
I recently got my first ebike, and it has already made a huge difference in my ability to get around my town, which is in the hills of Northern New England. Hills that used to force me to get off the bike and walk are now easily manageable.
I work for a diversity, equity, and inclusion focused social justice NPO/NGO, and one of our areas of concern is disability rights, although it is not our primary focus. One of the concerns I have right now is that our state laws limit ebikes to 750 W and 28 mphfor pedal assist, and require operable pedals. I believe my state has also adopted the 20 mph limit for throttle-only operation, and this is prima facie unduly discriminatory toward people who cannot pedal, but who are otherwise perfectly capable of safe operation of a bicycle. Unfortunately, I lack the resources to pursue a lawsuit, but I am planning on raising these issues with my local legislative delegation.
I am also working on the staff of a State Senate campaign for a candidate for whom disability rights are a priority, so that’s another angle.
While I can pedal a conventional bicycle on a flat road, inclines bring me to a halt, and I have to get off and walk it, because the risk of further injury to my knee is too great (not to mention the pain). I have yet to seek any kind of medical affirmation of my disability, but I am beginning to seriously consider doing so.
I recently got my first ebike, and it has already made a huge difference in my ability to get around my town, which is in the hills of Northern New England. Hills that used to force me to get off the bike and walk are now easily manageable.
I work for a diversity, equity, and inclusion focused social justice NPO/NGO, and one of our areas of concern is disability rights, although it is not our primary focus. One of the concerns I have right now is that our state laws limit ebikes to 750 W and 28 mphfor pedal assist, and require operable pedals. I believe my state has also adopted the 20 mph limit for throttle-only operation, and this is prima facie unduly discriminatory toward people who cannot pedal, but who are otherwise perfectly capable of safe operation of a bicycle. Unfortunately, I lack the resources to pursue a lawsuit, but I am planning on raising these issues with my local legislative delegation.
I am also working on the staff of a State Senate campaign for a candidate for whom disability rights are a priority, so that’s another angle.
AHicks
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- Snow Bird - Summer S.E. Michigan, Winter Gulf Coast North Central Fl.
I'd just like to point out that you may be facing an uphill battle with the 20mph limit. Not everyone agrees that speeds over 20mph are even necessary....disabled or not. There's a LOT to that, like your location for instance. For instance, are we talking about a bike lane, or a multi use trail? When fighting battles on this scale, you need to pick them carefully....
Here's one point to ponder. There are times, especially at higher speeds, that your legs/knees will be required to get your butt up off the seat to maintain control after hitting a pot hole or something....acting like shock absorbers. If they don't have that strength, and that bump kicks your butt up in the air in an uncontrolled manner, you may easily loose control of the bike. Even if you land with your butt back on the seat, what if one of your feet come down somewhere other than on a pedal?
Do as you like. Just playing a little devil's advocate. -Al
m@Robertson
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Not to take anything away from the validity of the above, but since I began using quality suspension seatposts, for street riding my need to stand on the pedals has been reduced to zero. Its funny because I recently had to re-learn the skill with a full suspension mountain bike I just built. I had completely forgotten about the need to do it at all.
rayray
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It seems to me that @fuyume is just asking for proper treatment per the ADA. Beyond that, it’s a matter of critical thinking and personal responsibility, and is nobody else’s concern unless those aren’t applied. So, yes, your rider safety cautions are fine, but I believe fighting the battle is appropriate if fuyume so desires. Certainly a system could be put in place whereby de-restricting bikes could be legalized for people with proven physical disabilities. Perhaps another classification (Class 4) that allowed such de-restricting(?).
Of course, I also think shared paths should allow Class 3 bikes…..again, it should be a matter of personal responsibility and critical thinking. Just set a speed limit on the path. Oops, kinda off-topic.
Just my opinions.
fuyume
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That’s not really germane to this discussion. The fact is, ebikes are currently permitted in the US to go 28 mph. I am saying that allowing a pedal assist bike to go 28 mph while restricting throttle-only operation to only 20 mph is clearly unduly discriminatory. There is nothing about pedal assist that makes it in any way safer than using a throttle, and as a motorcyclist, it is my opinion that travelling at 28 mph sans pedalling is definitely safer than travelling 28 mph while cranking at 90 rpm.
tomjasz
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- Minnesnowta
STATE: Although the Minnesota Department of Natural Resources does not define the three classes of e-bikes in their regulations, the department does allow Class 1 and 2 e-bikes wherever traditional bicycles are allowed. PeopleForBikes is monitoring this policy and will update this document as needed.
AHicks
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- Snow Bird - Summer S.E. Michigan, Winter Gulf Coast North Central Fl.
I have your point now. Thanks for clarifying! -Al
AHicks
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Sounds like more states are recognizing the 3 classes, then ignoring them (like Florida does). Encouraging to hear Minnesota has done that with Class 1 and 2 at least. Is this a recent development, or has this been in effect for a while now?
tomjasz
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No idea, I haven't taken the time to read the actual statute. I will. Last I looked at the statutes I thought it read 750W 20MPH and pedals.
rich c
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Not every vehicle that travels the interstate highway system is allowed to go 70mph, so it that discriminatory as well? Is it discriminatory that emotorcycles can't use multiuse trail at 60mph too, if speed isn't an issue to you?
AHicks
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Regarding interstates and 60mph anything on multi use trails, failing to see ANY relevance....
rayray
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Yeah, arguments restricting bike classes based on “that’s too fast” get tiring. Just set a damn speed limit on shared paths and get over it. There’s a community near me that limits shared paths to 5mph, which is fine. But, do we need a new bike class now?
fuyume
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Who said anything about a “shared path”? I’m talking about public roads and state laws, specifically those in my state. 10 mph could be too fast on a shared path.
fuyume
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Not at all analogous to bicycles, electric or otherwise.
Jason Knight
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- Keene, NH
I'm a web developer who specializes in helping site owners who are being sued or prosecuted for US ADA, UK EQA, CA ACA, and dozens of other laws around the globe, and you don't know the half of it.
A lot of prosecutors looking to "make a name for themselves" will use ambiguities in the US law to go after sites for things that are ... not clearly defined such as graceful degradation when features like JavaScript are involved. Most of these laws as they relate to websites are based on something called the "WCAG" which has been aging like milk, and the next gen update seems to be more about placating site owners than helping the disabled. Don't even get me started about the ambulance chasers on this.
Because I deal with the courts as a worker and witness for the defense, occasionally an "expert" witness for the prosecution, I'm well versed in the legalese contained in the ADA... and yeah, these laws have not kept up with the time.
And with many "conservative" lawmakers wanting to repeal these laws and protections entirely, the proposed bills for "updates" range from horrifying to criminally cruel.
Though that goes with business' attitudes towards it. See how Domino's still claims no wrongdoing even after the Supreme Court refused to hear their case upholding a lower courts decision against them.
As opposed to say Winn Dixie who rightly won their case, where they were sued because the advertisements on the TV's built into their gas pumps lacked captioning. I kid you not... The court found that advertising was not an essential part of pumping your gas. Why do I applaud Winn Dixie so? They said even though they won the case, they already "fixed" that problem and did an internal review of everything.
Unlike the self-centered incompetent jackasses at Domino's unqualified to even make websites, who doubled down and made their crappy s*it-storm of how not to use web techologies even worse. Worse than they were before they got sued! Such a train wreck of "JavaScript for nothing" and broken illegible / inaccessible methods, it's now not even accessible to the abled!
Part of the message I keep trying to drive home with my clients. Accessibility is about everyone. It's not just a black-and-white us vs. them able vs. disabled.
The classic example of "curb depressions". I remember back in the '80's city planners kvetching about how the cost was prohibitive for 'so few people" and how it made sidewalks "less safe" since cars could drive up on them. Force to put them in by laws just for the wheelchair-bound and what happened? The blind -- who were never part of the intended audience -- could find crosswalks easier. Made even better by the textured depressions we're seeing now! Parents no longer had to help their toddlers over the curb. People with bad knees, those on crutches all benefited. But the real thing nobody thought of?
Completely able bodied delivery drivers benefited! We even take that for granted today because curb depressions are everywhere! We don't even think that there was a time -- within my lifetime -- where in most places they weren't even a thing!
Thus I dislike the term "disability laws" and prefer to refer to the entire topic as accessibility. Because the whole concept should be inclusive. It's not about just us, it's not about just them, it's about ALL of us.
An attitude I really wish were more common in our society. But that's what you get after four decades of promoting sociopathic narcissism and greed as a virtue, and empathy as some sort of mental disorder or cardinal sin.
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I have a eBike and have ridden it in MA DCR trails many dozens of times without a problem. I have not ridden it in over a year, but today I took it out. Right at the beginning, a park ranger stopped me and said I am limited to "improved trails at least 8 feet wide." That means, paved roads only. No natural surfaces. This is the new MA rule for state recreation land.
I explained I was going to ride the trails using ADA with the bike as my approved mobility device. I said that the rules don't require me to explain my condition, but I did have a doctor letter I was willing to show him, even though I don't have to. He said this was all new to him and he would look into it. I re-iterrated I was going to ride the trails today. He told me to have a nice day and left.
On the one hand, I feel like I have imposter syndrome, as I am able to ride a normal bike. On the other hand, I had given up riding in there after landing in the ICU due to my T1 diabetes after my insulin pump ran dry with ultra-fast acting insulin that only gives me about an hour to avoid a life-threatening emergency. The eBike is what can help me get back to my car if I had a time-dependent emergency again. Are there other workarounds that I could do to save me? Yes, but isn't that true of anyone who has a disability?
On the way out, I saw another guy with the same bike. I told him what happened, and asked if he ever had a problem. He said no, he has been coming here for 15 years and was never stopped.
This is all very frustrating, as I have heard every reason why eBikes should not be allowed, and they make no sense - at least not for Class-1. "They are heavy and could hurt someone if you crash." My bike and I combined are 200 lbs, which is less than most men with their regular bike. To think that I need an 8-foot wide paved road for 700 watts of power is preposterous. I can thread a needle with that thing.
I explained I was going to ride the trails using ADA with the bike as my approved mobility device. I said that the rules don't require me to explain my condition, but I did have a doctor letter I was willing to show him, even though I don't have to. He said this was all new to him and he would look into it. I re-iterrated I was going to ride the trails today. He told me to have a nice day and left.
On the one hand, I feel like I have imposter syndrome, as I am able to ride a normal bike. On the other hand, I had given up riding in there after landing in the ICU due to my T1 diabetes after my insulin pump ran dry with ultra-fast acting insulin that only gives me about an hour to avoid a life-threatening emergency. The eBike is what can help me get back to my car if I had a time-dependent emergency again. Are there other workarounds that I could do to save me? Yes, but isn't that true of anyone who has a disability?
On the way out, I saw another guy with the same bike. I told him what happened, and asked if he ever had a problem. He said no, he has been coming here for 15 years and was never stopped.
This is all very frustrating, as I have heard every reason why eBikes should not be allowed, and they make no sense - at least not for Class-1. "They are heavy and could hurt someone if you crash." My bike and I combined are 200 lbs, which is less than most men with their regular bike. To think that I need an 8-foot wide paved road for 700 watts of power is preposterous. I can thread a needle with that thing.
I can't even believe these rules. Limited to 5 MPH. Who rides a bike that slowly?
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