Response Proposed to the Bicycle Event Permit

A recent draft of an ordinance proposal was presented to the Iowa Bicycle Coalition from Jackson County. The proposal would require a permit for any fee-required or advertised (including e-mail) bicycle event more than 30 people (or even 20). The permit must be applied for 60 days in advance and $1M of insurance is required with certificates of additional insured for the County. The permit may be revoked. Any violation will result in a $500 fine and/or 30 days in jail.

• This ordinance is unnecessary.

  • There is no legal precedent since the Crawford County case was settled out of court.

  • There has only been one bicycle lawsuit of this nature in 36 years. This is not a frequent legal problem for the counties. A wayward Illinois Supreme Court decision that produced a uniquely increased liability situation has produce no additional lawsuits or increases in insurance rates over the past 10 years.

• Counties have legal protection under Iowa law in common law.

  • Bicyclists are required to keep a proper lookout to avoid hazards. With the bicycles lower speed and higher maneuverability bicycles can easily avoid hazards.

  • Counties must foresee the issue that could cause damage and have time to act.

  • Bicycle facilities are protected from negligence under 670.4(14) & (15).

• This ordinance could infringe on freedoms protected in the Iowa Constitution.

  • Iowans have the right to freely travel.

  • Iowans have the right to associate.

  • Iowans have the right to assemble.

As gas our price rises, as our climate warms, and as our children are suffering from obesity related diabetes and high blood pressure, we need to make sure exercise and physical activity are freely allowed in our communities. We need to make sure our transportation system has options for those who cannot afford to travel by car. We need to make sure people may ride their bicycles and not be excluded.