I’m so proud of Memphis and all we’re doing to become a more sustainable city. But an event last week had me wondering if we’re really ready to become that city.
A friend of mine was recently pulled over and given a ticket for three Class C Misdemeanor charges. No big deal, right? This happens every day. Yes, but he was on a bicycle.
My friend “Bill” was on his way home from work one night last week. It was 5:45 p.m. and he chose to bike down South Main due to lack of traffic and safer conditions than other main roads, despite the treacherous trolley tracks. A Memphis Police officer stopped Bill and cited a city ordinance that says bicyclists must ride as close to the right side of the street as possible. Bill kept riding as close as he could to the right without crashing into parked cars or getting his tire stuck in the trolley tracks.
Within seconds, the officer was on his bullhorn stating that if Bill didn’t pull over, he would lose his bike. The officer reminded Bill that he had told him to ride as close to the right side as possible and, since he didn’t heed his request, he would receive a citation. Bill explained to the officer that he was riding as close to the right side as safety would permit but was riding on the left side of the tracks because a trolley stop and parallel-parked cars prevented him from riding to the right of the rails (the trolley stops are built as close to the rails as possible, so a bike can’t fit between the rail and the trolley stop).
That’s when the officer threatened to take Bill to jail for disorderly conduct and asked for his driver’s license.
The officer then pulled out a book of Memphis City Ordinances and informed Bill that he was in violation of three of them: (1) riding too far from the right side of the road, (2) riding without a reflector (even though it was broad daylight), and (3) riding without a bell.
The TCA (Tennessee Code Annotated) requires that cyclists riding at less than the normal speed of traffic ride as close as practicable to the right hand curb, except when reasonably necessary to avoid conditions, including fixed or moving objects. This is both a right and an obligation. It sets the standard of conduct for cyclists statewide, and Memphis recently adopted a new ordinance consistent with this state law. Neither law enumerates reasons that might make riding against the curb impracticable.
Additionally, Memphis recently updated its ordinances and no longer requires bikes to be equipped with a reflector during the day. Nor do they have to have a bell. It appears that this officer had an out-of-date set of city ordinances.
If we’re going to be a more sustainable city, if we’re going to build more bike lanes and encourage people to bike more often, we need to all be on board. That includes the Memphis Police Department.
While Bill was receiving his three citations, for ordinances that no longer exist (a good 30 minutes) the police car was left running, doors open, air conditioning blasting. Not a great example of sustainability.
Does your friend have an attorney? I’d be happy to hook him up with one if he needs one.
A more accurate suggestion for TCA would be Tennessee Code Antiquated.
Wow Margot, is it ok if I laugh? I mean this sounds more like your drafting a script for an SNL skit. I have a feeling Bill will be telling this story for years to come and many heads will shake followed by chuckles. Thanks for the story.
What was the officer’s name? It should be on the ticket. When is the court date set? That too should be on the ticket. Please post when you get the information, I think everyone including the Police Director would like to know who this is. Thanks Larry
Hopefully, when the new bike lanes are installed along Southern Avenue from the University of Memphis to Young Avenue in Cooper-Young, awareness will increase about safety for cyclists in Memphis. Cooper Street is supposed to get bike lanes also but some folks are resisting the concept of protected bike lanes. I just learned a few weeks ago myself what protected bike lanes are and how much safer they are for everyone. Protected bike lanes are next to the sidewalk and protected from active traffic by the parallel parked cars that already line the streets. Memphis sometimes is slow to change from “the way things have always been done.” I hope Cooper-Young can become an example for the rest of Memphis on a new and safer way to install bike lanes.
Must have had a bad day as a bike cop.
I was there and saw it unfold. When the officer pulled the code book from his trunk, it plainly said 1997 on the cover. It was really quite ridiculous. Two cops milling about with thick arms on their gunbelts, squad car parked at an angle with lights flashing, and this poor guy stradling his bike, waiting to understand the un-understandable.
Give it time. Thanks to Shea Flinn and the rest of the City Council, we now have bicycle rules as progressive as any city – but that only happened a few weeks ago. One of the next obvious steps is an education campaign that will include getting rid of the officer’s 1997 code book. Check out Livable Memphis’ campaign if you want to help. We are on a roll and it can only get better!
The officers names are Hughes and Donovan. The city prosecutor confirmed today that they have not received a copy of the new/amended bicycle ordinances. Obviously the MPD has not received a copy either. I think technically the new/amended ordinances became effective May 11, 2010.
Stonglight – great suggestion on the education campaign, and I agree that it can only get better for cyclists in the city.
Four friends and I were riding down second street a couple of months ago and got pulled over for not wearing helmets. When I told him it wasn’t against the law to not wear a helmet under the age if 16, he put me in the back of his car. I stayed in there for about an hour while my friends sat on the curb, and the officer searched a code book for a law we were breaking. He ended up giving us all citations for obstructing traffic, even though we were in the far right lane. Cops downtown are just bored jerks.
The disorderly conduct threat is the most disturbing and unacceptable part of the whole incident.
I was also there. I was riding my bike down S. Main (also safely to the left of the trolley track) when I saw “Bill” being pulled over and stopped to see what was happening.
I can have some sympathy to the fact that the officer didn’t yet have an updated code book and might not have been trained on the new ordinances.
I have less sympathy for the lack of judgment Officer Hughes displayed in enforcing which ever ordinance he referenced when the road clearly has no room to ride safely between the right side of the trolley track and street parking, trolley stands that jet out to trolley track and Spindini’s white cones to block their exclusive valet parking area on the public street. See photo at http://www.panoramio.com/photo/12503998.
But I have absolutely no sympathy for the officer who threatened “Bill” with disorderly conduct for inquiring where he should safely ride. “Bill” was completely calm and respectful the entire time I was there. “Bill” is a corporate young professional with an advanced degree who works for one of the city’s most respected employers — the type of person this city purports to want to attract. He was wearing suit pants, dress shoes and a button up shirt to further color the picture – not that it should matter.
Officer Hughes, on the other hand, had a trainee in his car and was likely trying to show off how his toughness. *Oh WOW, you just gave a ticket to a bicyclist and threatened to take him to jail for asking you where to legally ride safely!* *Job well done!*
People with this mentality should not be officers of the law anywhere civil liberties exist.
……
As an aside, “Bill” later told me that when he saw me riding by to the left of the tracks, he pointed me out to Officer Hughes as further evidence that the left of the track is considered the safest place for bikers. Officer Hughes responded that he would come find me once they finished with “Bill.” Well, I came to them and got a warning, fine. But while there, Officer Hughes told me that it is not just bicyclists — no one can block traffic. This made no sense because he wasn’t citing Bill for blocking traffic and there was really no significant traffic (a couple of cars at most) that could have been blocked which is one reason many bikers choose to ride on S. Main.
I’m sure the MPD can find a better way to utilize Officer Hughes than allowing him to serve as a self-appointed bicycle cop.
……
Update, this morning saw two yellow-shirt MPD bike patrol officers riding in the center of S. Main. I hope Officer Hughes doesn’t catch them.
These may be the same cops that were running the burglary ring in my old hood, I thought they would be fired.
Guess not.
This may be way worse than it looks!
File the charges. Get a lawyer.
People should really start filing citizen complaints against every one of these idiot neanderthals every time this crap happens. Write letters to the CA, embarrass the MPD every time it happens until they rein in the wannabe gestapo agents on their force. Jeez. Rapes, murders, assaults all day long in this city and these crackerjack officers find time to harrass and threaten productive citizens. Send this stuff to the Chamber of Commerce and call it: Creative Class Recruitment Material.
Ill represent him for free…send him my way. stephensgroup@gmail.com
Share the Road!
We need to partner with the police to make them allies, not enemies. For example, we need police to issue citations to cars that pass within 3′ of a cyclist. I do think it’s legitimate for police to cite cyclists who break the law, and we should hold ourselves to the same standards as motor vehicles. However, it does not seem that this cyclist was in violation of anything other than the cop’s bad attitude.
dam! who put that speed bump there?
oh, that was some wanker in tight pants on a bike.
well, he’ll be o.k. soon as somebody calls 911.
get outa my way! the suburbs are waiting!!!!!!!!!
…assuming the incident does not occur in the bermuda triangle of 911 calls between Germantown and Memphis.
I think we need a federal case to get 911 straightened out, it amounts to a mechanism to with hold police services from citizenry to have it stay as screwed up as it is.
That will probably turn up a lot of internally run crime rings.