Unicycles and the Law: The UCSB Story

General
1

Howdy All,

Since I started reading this forum, I've seen quite a few threads regarding the legality of unicycling on walkways.  We recently ran into some problems here on campus and I wanted to post the outcome.  I appreciate all the past posts on this topic; whether positive or negative they all shaped the letter we wrote to the Campus Police Chief.  Gauging from his response, I’d say that the manner in which we approached the Police Dept. really affected the outcome.  The first draft we wrote kinda read something like, "this officer said this, and he can't do that, 'cause this is the law and these are your rules."  After first reading we realized that we were forcing the Dept. into choosing between defending one of their own or agreeing with us.  So as you'll see from the letter below we took a completely different route.  I have to say that I really respect what John Foss has said about writing a letter being a double-edged sword.  We were worried that we had sealed our fate by requesting an official response but this time it worked out for the best.

Disclaimer: We were quoting California Department of Motor Vehicles definition of a bicycle (may not be the same in your area) and the regulations regarding rolling stock that we refer to were campus regulations for UCSB and may not (and probably don’t) pertain to your local area. We were also pushing for the use of unicycles as transportation and pointed out that we would be following campus polices regarding skating and damaging of campus property. Some of you may not agree that a unicyclist needs to make frequent stops. We added this line in so that if we were forced to use the bike path, we had put a word in for less experienced unicyclists like myself. I’m sure someone will bring up the coker, and it is completely obivious that we were not considering it when we wrote this. We truly feel that the coker on the bike path will not be questioned if one shows up on campus. And finally, I post this letter not as a form letter for you to fill in the blanks but rather an example to help any others who might find themselves in a similar situation and are struggling on how to proceed.

Also just in case any UCSB Police come across this thread, I just want to say thank you.

Matt

The response is posted below our letter (short and sweet).
Last Names have been removed.

Our Letter

Dear Chief,

We are writing in response to an encounter that we had with a UCSB Police officer in which there was some confusion over campus policy toward “Rolling Stock.” The specific vehicle in question was a unicycle. Between us we have over 19 years of combined experience at UCSB, and have always admired the professionalism of the UCSB Police Department. As co-sponsors of the UCSB Unicycling Club (currently being formed), we would like to get some clarification on campus policy that covers or is specific to the operation of unicycles on campus. The encounter with the officer was brief and barely significant, however we feel it necessary to establish a solid framework of cooperation with campus authorities, so that we can inform students and others of campus policy. Because of our involvement with UCSB Unicycling, we consider it our responsibility to help educate unicyclists how to safely and legally operate a unicycle on the UCSB campus.

We have great respect for the authority of law officers, which is why we complied with the officer’s instructions not to ride the unicycle. However, his subsequent suggestion to operate the unicycle in the bikepath, clearly a more dangerous option, demonstrates the need for clarification of how campus policy should apply to unicycles.

Our main concern here is safety. Unicycles normally travel at a speed roughly equivalent to a brisk walking pace. Maximum speed for most unicycles is about the same as a slow jog. A unicyclist traveling at slow speed with frequent stops would pose a considerable hazard to other cyclists and her/himself if s/he attempted to ride on a congested bike path. In practice, most unicycles are more suited to the term “pedestrian” than to “bicycle.”

We have since reviewed both the California Vehicle Code pertaining to bicycles and UCSB regulations regarding “Rolling Stock” (cited below), and it seems clear in our reading that unicycles are grouped with other human-powered vehicles such as skateboards, rollerskates, and scooters which are allowed to operate on campus walkways provided that they operate safely and do not damage campus fixtures. Given the fact that most most unicycles travel at a pace much slower than any of the vehicles that are explicitly included in the campus regulations, and considering that under the California Vehicle Code most unicycles are not considered “bicycles,” we believe that the safe operation of unicycles on campus walkways is consistent with the intent and letter of the UCSB regulations.

We recognize that unicycles are an unusual form of transportation, and that one might be inclined to place them in the same category as bicycles. After all, they have what looks like a bike wheel and pedals. However, in our review of existing regulations, it appears that unicycles are allowed to operate in a safe manner on campus walkways. Officials and unicyclists alike should be well informed of campus policy in order to avoid misunderstandings.

As stated above, we are co-sponsors of the now-forming UCSB Unicycling Club, and we therefore feel a responsibility to become informed about campus policy regarding unicycles, so that we can operate our unicycles in compliance with these regulations, as well as instruct others on the safe and legal use of unicycles for transportation on campus. It is with this intent that we have written to you. We would be happy to meet with you and/or representatives from your staff to discuss any relevant issues or concerns.

Thank you for your consideration.

Sincerely,

Matt and Dominic

References:

Department of Motor Vehicles Definition of a Bicycle:

  1. A bicycle is a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels. Persons riding bicycles are subject to the provisions of this code specified in Sections 21200 and 21200.5.

<http://www.dmv.ca.gov/pubs/vctop/d01/vc231.htm>

[Most unicycles, with the exception of the “giraffe” style (over 5 foot tall), do not make use of a “belt, chain, or gears,” and therefore do not meet the definition of “bicycle.”]

UCSB Regulations Regarding Rolling Stock .040

…040 “Skateboard”, “in-line rollerskate”, and/or “rollerskate”, for the purpose of this section, shall mean a vehicle, device or conveyance with any number of wheels, with a riding surface of any design, and specifically includes scooters, upon which a person may place one or more feet, and which is designed to be or can be propelled by the operator’s human power or by gravitational force, or by ancillary motors or engine. “Skateboard, in-line rollerskate, rollerskate” does not include bicycles.

<http://police.ucsb.edu/cso/htmls/rules.html>

Response

Matt and Dominic. The Police Department agrees that unicycles, as outlined in your e-mail of 4-28-03, are appropriate for use on campus sidewalks and walkways and NOT on bicycle paths. We all very much appreciate the manner in which you brought this issue to our attention and we wish you the best of luck with the UCSB Unicycling Club. Sincerely, <Chief>

2

I take it you guys dont ride much urban trials on campus.

Good to hear that your allowed to ride on the walking paths now. And awesome that your starting up a club, best of luck

Mike

3

Re: Unicycles and the Law: The UCSB Story

Way to go! Your letter makes you sound so reponsible - it’s very well
written. Good luck with the club.

—Nathan

4

That was an excellent letter. Great job! You have successfully gained legal access to the walkways. A big coup for unicycling! Unfortunately, in the process, you have given up on access to the bike paths, which may become a drawback for faster riders, people on Cokers, etc.

But this problem is likely not a big deal. If you get more Coker riders and faster people around, it will become obvious to all concerned that for safety reasons, fast riders should be on the bike paths and I’m sure the campus police will work with you on adjusting campus policies.

I’ve often read the California Vehicle Code thing about the “belt, chain, or gears.” I think it’s also possible to interpret that definition to include a more simple crankset (one gear) if it were in one’s best interests to do so.

Where your campus is a special circumstance, for regular street riding, I think I’d prefer to see unicycles legally permitted to ride wherever bikes can. Again, though, this poses the question of what type of unicycling one is doing. Practicing tricks on a 20" is a far cry from riding 8 miles to work on a Coker. So one set of laws should not necessarily attempt to be applied to all forms of unicycling…

5

I have to agree. The bikepaths here are a nightmare and there are quite a few accidents everyyear. I think thier biggest concern
was keeping up with the flow of traffic which of course some of the commuting unis have no problem doing.

We were really concerned about this if we had been forced to take it to court. I also think a simple crankset would qualify as a gear. I have wonderded though if that law was written in a way to protect childrens toys such as tricycles and big wheels from falling under the definition of a bike. If so, unicycles would be protected too.

I’m hoping that when/if our numbers grow and we represent a larger population of campus we might meet with the police dept. and possibly get some exceptions written in the rules for unicycles.

matt

6

Wow, excellent letter…very well researched, thought out and written. Nathan hit it on the head, the letter portrays you and your club as very responsible and genuine. You made high marks for unicyclists everywhere.

You guys can write a letter for me anytime.

Bruce

7

That was a very tactful and diplomatic letter. Clear, assertive, and yet not aggressive or arrogant. Thanks for sharing this excellent example of how to interact correctly with the authorities. The results clearly indicate that you made the right choice.

8

Below is an excerpt from a little article about unicycling in Memphis that will be published next week in a local health and fitness newspapaer. This is the lead paragraph:

“Not all unicyclists are circus clowns. Most
are ordinary people who enjoy tunring
heads while showing off a fun and unusual talent.
The skill is one that almost anyone can learn in a
few hours practice, says Tommy Thompson, a
spokesman for the Memphis Unicycling Club
(MUC). Unicycling is enjoying a resurgence of
interest among teenagers, a trend welcomed by the
managers of parks and other public areas where
skateboarders are becoming increasingly unwelcome
because of the property damage they cause.
Officials at Overton Park and the University of
Memphis estimate that over $100,000 in damage to
concrete benches and barriers has been done by
skateboarders. However, park managers welcome
unicyclists, both for their non-destructive wheels
and for the wholesome participants that the sport
attracts.”

I think that any behavior that is “different” is generally viewed as deviant and offensive and should not be allowed in public - especially on public property(!). Thus, unicyclists are often grouped together with other perceived violators of the tenets being “normal.”

Tommy

9

I find it difficult to believe that skateboarders, singlehandedly, cause that much damage to concrete fixtures. Moreover, I’d like to see what extent of damage is unquestionably caused by poor, irresponsible, and drunk driving.

10

Re: Unicycles and the Law: The UCSB Story

Tmornstar wrote:
> Unicycling is enjoying a resurgence of
> interest among teenagers, a trend welcomed by the
> managers of parks and other public areas where
> skateboarders are becoming increasingly unwelcome
> because of the property damage they cause.
> Officials at Overton Park and the University of
> Memphis estimate that over $100,000 in damage to
> concrete benches and barriers has been done by
> skateboarders. However, park managers welcome
> unicyclists, both for their non-destructive wheels
> and for the wholesome participants that the sport
> attracts."

Heh. Poor naive park managers haven’t seen any trials guys yet. :wink:

–
Knowledge is power.
Power corrupts.
Study hard. Be evil.

11

I find the cost, attributed to skateboarders in the article, questionable. Also, I find it interesting that the author, who came out and spent a couple of afternoons with us decide that we were wholesome (which I think we are) but about half of the kids that ride unicycles with us also skateboard (not wholesome by virtue of their modality of exercise/play?).

12

Re: Unicycles and the Law: The UCSB Story

In article <U-Turn.pvxjm@timelimit.unicyclist.com>,
U-Turn <U-Turn.pvxjm@timelimit.unicyclist.com> wrote:
>
>I find it difficult to believe that skateboarders, singlehandedly, cause
>that much damage to concrete fixtures. Moreover, I’d like to see what
>extent of damage is unquestionably caused by poor, irresponsible, and
>drunk driving.

When the edge of a concrete bench has been chiselled off by grinding, how
much does it cost to repair it? All you can do is replace the bench or
leave it. The University of Minnesota has some very nice marble benches
with chips taken out of the edges. I like skateboarding in general, but
you just shouldn’t go around destroying things that aren’t yours.

Drunk drivers undoubtedly cause more damage in total, but probably not
more damage to concrete benches and barriers in parks.

“Is that plutonium on your gums?”
“Shut up and kiss me!”
– Marge and Homer Simpson

13

Re: Unicycles and the Law: The UCSB Story

In article <bds6gk$36t$6@hood.uits.indiana.edu>,
Gregory L. Hansen <glhansen@steel.ucs.indiana.edu> wrote:
)In article <U-Turn.pvxjm@timelimit.unicyclist.com>,
)U-Turn <U-Turn.pvxjm@timelimit.unicyclist.com> wrote:
)>
)>I find it difficult to believe that skateboarders, singlehandedly, cause
)>that much damage to concrete fixtures. Moreover, I’d like to see what
)>extent of damage is unquestionably caused by poor, irresponsible, and
)>drunk driving.
)
)When the edge of a concrete bench has been chiselled off by grinding, how
)much does it cost to repair it? All you can do is replace the bench or
)leave it. The University of Minnesota has some very nice marble benches
)with chips taken out of the edges. I like skateboarding in general, but
)you just shouldn’t go around destroying things that aren’t yours.
)
)Drunk drivers undoubtedly cause more damage in total, but probably not
)more damage to concrete benches and barriers in parks.

They also pay for the damage they cause.
-Tom

14

How about if inline skates are included? :slight_smile:

I think they are referring to wear & tear specifically attributed to skating, usually in the form of taking edges off and making black marks. $100,000 is a totally believeable number, depending on the size of the area affected. Imagine what one bench costs. If it can’t be repaired, that’s how much the “repair” would be. Never underestimate the cost of repairing something, especially when the money to do so is coming from someone other than who will directly use it. For example public monies. Of course the benches are for the public, but the person making the financial arrangements is not spending his or her “own” money!

Of course, the campus can be expected to overestimate a dollar amount to the best of its ability to make its point. But the point is made. Why try to minimize the number? It sounds like you are trying to justify something.

Tons. But why change the subject? Chewing up public property with a unicycle, skateboard, bike, or your teeth, is WRONG.

15

In my post I wasn’t defending vandals but I think that by making skateborading a crime (to borrow part of an over-used phrase) and not vandalism does little more than perpetuate negative stereotypes and generalizations about some people who choose a non-mainstream activity. There is even a movement in Memphis to ban bicycles from a lot of the public’s roads here. In Memphis, bicycles are not seen as transportation but instead are often seen as toys and way out of the mainstream. I see a lot of “un-wholesome” football players at the park drink in public, in violation of the local laws, who are often loud and aggressive, leave a trail of litter in their wake but I don’t see the Memphis Park Commission banning Saturday afternoon football games to push these citizens from their public places. Football, as it seems, is the mainstay of Southern, mytho-poetic culture and very mainstream. The skateboarders that I know, my son and several members of the Memphis Unicycle Club, are not vandals. I just think that it is too easy and reactionary to sweepingly ban unicycles, to ban skateboarders, to ban anything that may relieve us (the collective us) of the burden to address the less-easy, the less-quick fix at the expense of our collective freedom and access to our public space. By banning unorthodoxy (unicycles, skateboarding, in-line, one-foot hoping) leaves us condemned to other people’s limited ideas of what is “normal.” These reactionary and limiting municipal laws are often reflective of a community that often doesn’t like “deviant” behavior - not just the vandalism. The vandalism is an excuse to ban unorthodox behaviors. Vandalism and the destruction of the public’s property is not a freedom that we can allow and such anti-social behavior should not be tolerated. What we are taking about above in previous post is not banning of vandalism but of banning unicyclists access to public space.

16

Re: Unicycles and the Law: The UCSB Story

In article <Tmornstar.pyhob@timelimit.unicyclist.com>,
Tmornstar <Tmornstar.pyhob@timelimit.unicyclist.com> wrote:
)Vandalism and the destruction of the public’s property is not a freedom
)that we can allow and such anti-social behavior should not be tolerated.
)What we are taking about above in previous post is not banning of
)vandalism but of banning unicyclists access to public space.

Why don’t we make a deal; you stop destroying public property for your
own kicks, and we’ll stop calling you vandals.
-Tom

17

Yeah. What Tommy Thompson said.

Very, very well put, Tom. You are right on the money.

On the other hand, two skateboarders went by today in town. One nearly ran over my daughter, the other lost control of his skateboard; it went through the legs of an elderly woman (60s), who had to jump it to stay up, then it went out into the street.

I still think though, that Tom has described the real situation.