disabled rider
Regular
[QUOTE 2074065, member: 45"]You've clearly had a very difficult time. I would like to point out a few things...
When I use terms of normal Is from the non-disability leadership/ elitist leadership, and as you pointed out the prejudices (This is NOT my personal view, When I use normal or non disabled There is a foul taste in my mouth or mind, In order to show the injustice sometimes you have to use their language to help them understand that that view is harming others.). That is my point exactly thanks for the rewording from another perspective. Just so you know the ADA core follows your take and been in place 5 years longer. problem is people refuse to follow it and how am I suppose to say its almost entirely the non-disabled group who is refusing (a group of people who have major similarities)?. the equities act is the same as ADA just worded differently in regards to dealing with the people with impairments That effect their ability to care for them selves..
http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068 is this the equality act? I hope this is a revised amended version, they are talking here. ADA put this into effect back in 1990 through titles 1-3. based on this link they are pretty much describing the ADA titles 1-3.
http://www.eeoc.gov/laws/statutes/adaaa_info.cfm when reading through here it is clarifying what was already in place since 1990
Quote"
For the purposes of the Act, these words have the following meanings:
http://en.wikipedia.org/wiki/Equality_Act_2010
based on this they decided to lump them all together? ouch makes it easier to add boat load of loop holes.
This can get troublesome when the forms of discrimination is different Like physical barriers does not effect able bodied. I am not saying updating is a bad thing its the lumping them together when the characteristics are different. (I don't mean in terms of prejudices)
It would have been easier to update them but have the same penalties for those who committed the wrong. physical access has nothing to do with gender or race unless in cases the person was of both. I think part of the confusion that may have been misinterpreted is I was dealing with "needs of an individual to participate." And the failure of society to allow those needs to be meet is the exclusion of the person who has certain needs. Different people have different needs. I am sorry for not making this more clear.
------------------------------------------------------------------------
I was busy writing chapter 1 when you posted your first response. It takes me time because I am repeatedly rereading what I write to try and refine it one of the points on the learning disability I forgot to put in till after the fact. I have dyslexia and a form related to transfer from short term memory to long term.
I do not have that ASD or what ever another poster posted. The way I write is not the same as the way I talk or think. The way I write is based on how my hearing and the learning disability impacts it. I been reading and not responding to the posts saying get on with it etc. partially to do with the second part of the learning disability related to short term memory. Partially to do with those folks are looking for entertainment when I am not doing this for entertainment.
-------------------------------------------------------------------------------
I was familiar with the disability models(which was the second chapter) and they are relatively established. Many people aren't aware or choose to ignore them or deliberately use one form or other. Like in a capitalist society they prefer to use the medical model. and make a show of using the social model just to placate the public ADA 1990.
Ok I am going to use the wikis as my second chapter instead of writing it out in summarized form. If people wondering what I am talking about here use the wikis as your reference.
http://en.wikipedia.org/wiki/Disability
http://en.wikipedia.org/wiki/Social_model_of_disability
http://en.wikipedia.org/wiki/Medical_model_of_disability
reality check
Problem is the ADA been in effect for more than 20 years. Most people are not even aware the law even exists. Or do not understand it or refuse to follow it.
Policy and actions still violate it 20+ years after the fact.
My guess is its the same with your DDA. / equality act
Shunning the sick is a powerful instinct. The laws, only partially succeed in the role they were intend, mainly because intellect is warring with instinct.
I am going to use the ADA examples here because that is what I am most familiar and I do not want to make the situation worse relying on things I am not real familiar with (DDA)
http://westlawinsider.com/cyberlaw/did-the-netflix-ada-ruling-break-the-internet-not-so-much-2/ This was in the news recently but I like how he shows, that yes, we have these laws but they don't really do as intended which is to get society to comply with "inclusion"
Here is a mobility one from New York That goes to show the ADA is just a rubber stamp and is not to be taken seriously.(ADA had relatively clear working on the issue this was a political ruling , I wasn't suppose to be)
Taxi had 20 years to comply as they replace cars from their fleet. It would not have been a fundamental alteration to gradually shift the fleet over. Problem is they did not do so. This prompted this case and ruling was against the ADA http://www.capitalnewyork.com/artic...win-ruling-taxis-arent-subject-public-accessi
This case is very much in line with other attitudes regarding forms of transportation, Bicycles, power assist bicycles, trikes, Tadpoles, bikes with trailers etc.
I was looking for an example in the USA of the tank tread chair, guess what we are not so different. http://www.dailymail.co.uk/news/art...road-tank-wheelchair-killjoy-DVLA-chiefs.html That about sums up the attitude here as well.
Point is its not all cut and dried as you would like me to believe. I know this personally as a fact. I deal with the ADA on daily basis. I also deal with the way society uses clever tactic to do end runs on the ADA and the DDA. Or they limit the scope in how effective the laws protect. Example violating ADA work place discrimination, There is a clause of capping damages at $55,000, any other protected class like black ,women, old they get multi millions for the same level of offense.
like the ADA doesn't apply to our federal government and its building, they rely on an outdated 1974 rehabilitation act, which has very limited scope of protection.
I am pretty sure the DDA/equality act has similar issues. As the tank chair is good example. If your law was so great this would not have happened.
Punitive damages, is the teeth of civil rights laws.
Any way on to cycling perspective. The roads were not designed for bikes period. most of them anyway. some of the issues mainly stems from who is designing and money available and when the layout was put in like 1800's or 2010. Example: putting a bike lane to the left of parking where when the parked car opens it door totally blocks the bike lane. Another example which is the case for ALL of the roads down town here where I live, either lane is just big enough for a car or car and parking, NO space for bikes on right side of roads. this set up was designed by people who DO NOT RIDE BIKES.
OK I guess I am going to add other components of other chapters to this post as a means to speed up the process partially to show the conflict of ADA and policy(laws and rules), physical world and the reality.
Ideal world the ADA and the DDA does as intended. Real world it doesn't, This is mainly due to who is in control and the shunning the sick/injured instinct(Exclusion Factor). ADA and DDA says this person has the same rights to ride the bus as every one else. Example of the shunning over powering the ADA and the DDA. Would you want a person sitting next to you on the bus, that has a blistering oozing skin condition? The instinct say get that person as far from you as possible, better yet exclude them from riding for the safety of all the other riders too. It doesn't matter if "fact" is its not transmittable. People respond to instinct long before they respond to intellect law like ADA and DDA. The perception of the sick person being a direct danger overrides. Personally, I would ask, "is your skin condition transmittable to others?" if not sit with them, If so I move to another spot. I would never tell them they couldn't ride the bus. If someone else tried to block them I get in the offenders face and tell them to back off, if the offender don't like them, they can get off, their choice.
Another example that it is clearly written in to the ADA and can not be violated. A person with a service animal shall not be banned or segregated in a homeless shelter. Homeless shelter is a written example of public accommodation. Guess what about 15 years after this law was put in place, I found myself homeless with a service animal. I went to ALL the local shelters. NONE OF THEM ALLOWED ACCESS not even when a letter from legal services. Told them they were clearly breaking a civil rights law and must comply. 3 months from January to April. Coldest time of year here. Homeless in a van no heating.
The shelters used the stall tactic to deny my access clearly protected by the ADA. The allowable punitive damages were so low to non existent that lawyers refused to take action.
https://www.revisor.mn.gov/statutes/?id=169.222
specially pay attention to sub section 4 and particularly 4d on street riding and sidewalk riding.
There are other traffic laws which may not be listed in the above link. Like the 3ft clearance drivers MUST give to bikers of the bikers left side. About 1 out of about 100 obey this. Why so few you ask? Police do NOT enforce the law. Drivers know this. and thus they DO NOT merge to left lane on double lanes or give 3 ft clearance on single lanes as required by law. Many times they can't even do the 3ft because it puts them into oncoming traffic or crossing a double yellow line to do so. No actions are taken by police when a biker reports it, even with video proof of the violation. The Police themselves have to catch them in the act. only time they do that is after a cyclist is hit or killed. Then its too late. Now this is serious problem even for the non disabled. It is exponentially increased for disabled due to various impairments. For us it becomes not a matter of if we get hit but when.
Our down town business district is NOT designed to include bikes because it was designed before bikes became important means of getting around. There is physically NO ROOM to add bike lane.
Our law actually contradicts. When you read it it says we have the same rights to use the road as cars BUT, you have to keep far right of the lane and DO NOT IMPEDE traffic problem here is in order to give the 3 foot right away they have to completely merge in to the left lane or completely cross the center line to do so. This has to do with the traffic passing law, of you have to do a whole lane pass and not a half lane pass. If your on a single lane road with double line, your breaking the law because your impeding the flow of traffic. Because they can't legally pass you and give the mandatory 3 foot clearance.
So both parties are breaking the law. and nothing can be done about it because it is a physical limitation that was IMPOSED by select able body people. By limiting how wide the streets are.
For the disabled there is a modification that could be done that would keep them from getting killed. sidewalk.
Many of us disabled that I see riding bikes round here are not moving much faster than top speed of a power chair or scooter.
That bull that drivers don't see disabled bikers due to moving too fast on side walks is MOSTLY false. THEY ARE NOT LOOKING AT ALL WHEN THE LAW REQUIRES IT. Then it goes back to lack of police not enforcing the law. Especially when people are driving 2000lb weapons.
Key with allowing disabled bikers on sidewalks is they follow the pedestrian rules, Which I do and thus in the 6+ years I have ZERO accidents, not even a single bump. The only close calls are pedestrians NOT looking before merging on to lane of flow. I was only moving the speed of walking in these cases and came to a halt, it was not a case of me running into them it was the other way around their failure to look where they are going. I never cruise at speed in which I can not stop on the dime down town. I also observe the pedestrians running into each other frequently for the same failure to NOT LOOK where they are walking. It is not automatically the bikers fault.
The statistics about bikers getting hurt more often on sidewalks is purely the biker forgetting to use ped rules instead of street rules.
Right away is given, it is NOT automatic. when you assume right of way is automatic that is when the accident occurs.
When approaching intersections I slow down and LOOK to ensure that pedestrians and drivers alike are giving right away, if not I stop period. When passing, I shout at distance "passing on your left side." Only problem, I encounter is peds DO NOT SHARE THE SIDEWALK EVEN WITH OTHER PEDS. Like keep to the right when walking, always pass on left side of slower moving peds. Then the Peds go and try to blame the cyclist or even other peds for their own failure to follow rules. Even when cyclist is following the peds rules to the letter. Peds are not following their own rules as to the proper way to share the sidewalk even with other peds.
I find myself often times stopping to remind pedestrians that there is in fact are rules to sharing the sidewalk with other pedestrians. and mobility impaired. Auditory is just as much a mobility issue as no legs etc. People forget the importance hearing plays in moving from point a to point b. Not to mention the balance factor with loss of hearing.
There is only one place here, where I get up to any kind of speed its a straight 8ft wide sidewalk with 10ft + visibility to either side and NO peds or other cyclists and no drive crossings. This is the only place I go of any kind of speed approaching 10 miles an hour.
people were trying to tell me use a mirror and ride the street. That is FLAWED LOGIC. first off they were saying it from a NON disability perspective. That perspective gets me killed in reality. Mirror works for people with hearing it does not for those without. it is handy for those with out hearing but it does nothing when it actually counts. Here is how and I know this from actually trying to do it in reality even after practice it was useless in real world application. I stopped using mirrors when a driver broke the one I had off with close pass.
Ok here is how a mirror works for the NON disabled. They hear traffic approaching from the rear which Ques the rider to look in the mirror to ensure the driver is paying attention or giving enough clearance. Their hearing allows the rider to keep eyes forward so they do not run into anything. And only look back when absolutely necessary based on the warning given by their hearing.
From deaf point (me) I can't hear traffic until its on top of me. As result I do not know when to look into the mirror. For the mirror to do me any good, as to the status of traffic behind me, I have to watch the mirror full time. Thus NOT LOOKING FORWARD. Remember right away is never automatic it is always given no matter what any law says.
using mirrors when driving is nothing like that of biking. principle of mirror use is too different.
AS it stands if I follow the letter of law I will be killed or seriously injured by negligent drivers. (FACT)
Since you can't stop the driver from breaking the law, change the policy that allows me as a disabled rider to ride on sidewalk adhering to the pedestrian rule of traffic. I know this would not work in all areas this is not possible, like new york city at rush hour where the peds are so packed that there isn't really enough room for a ped to turn around.
I have already demonstrated, it is possible, successfully for 6+ years. Police know who I am and do not attempt to stop me, they know I am disabled.
Then if this last sentence is the case then Why am I here trying to advocate?
The laws and policy and the shunning of the sick which is in essence the "Exclusion factor"
Civilians Are trying to shun me and force me on to the roadway where for fact I will be killed. Why do they want to shun me is because they themselves are breaking the law of loitering on the public sidewalk blocking flow of traffic. Which is forbidden in chapter 73 of our city ordinance. When a civilian shuns the sick(ME) they call the police. Thus the police left me alone understanding my situation, but being that they are peace officers, they have no choice but to uphold the letter of the law even when that letter of the law discriminates and puts people in harms way. Now that a civilian called the police it forces the police to uphold a discriminatory law.
Civilian are using the shun instinct and letter of law to do harm against a disabled person me. I can't ride the road. This is nothing to do with preference. This is I am in imminent danger of being run over. I have enough on my plate of impairments I do not need to add more from an imminent danger of an accident.
Rest of the freedom of movement regarding not being able to leave the city is: The posting on highways no bikes even highways that are straight with 8-12ft wide asphalt shoulders and no sound barriers or other rails. Thus effectively cutting off all but 2 access points out of the city. I can't even legally access part of the city because of the signage. A huge consumer business park and the gunsmith I go too, is on the other side of said blockage. this same highway has a 7ft asphalt shoulder. It is perfectly safe to use when 100% of the right of way is given to the drivers.
The 2 - 4 access points are recreational riding only. they do not have a utility purpose of getting from point A to point B. So fishing and hunting, shopping areas are currently inaccessible to me due to the disabled/ poor, exclusion factor (shun sick). I can get there safely if policy allowed it. I been excluded. Because I can not afford a car due to the chapter 1 issues I wrote. I am more than capable driving I was a shuttle driver at previous employment even with the impairments 1-7.
I know for fact I am not alone I am one of very few who try to do it anyway. Mainly I don't have outside help to bring the things I need to me I have to go get it. Other disabled simply quit, become prisoners to their homes and relying on a failing system that brings the things they need to them. Then I am a prisoner most of the time too. Like today I have not opened my apartment door once.
If you have hard time understanding the following take the red out and read it and vice-versa. It is a dual train of thought intertwined and I do not know how else to word it
The DDA system is failing too the link previously pointed this out about the government and media declared war on the poor disabled.(I did not declare any war, the government and media, elitist did on us. As a means to gut things like the DDA and the ADA we are already in a state of war. Just not an official declaration of war. Problem is they declared war on a group of people who can't even really fight back. We try, but simple fact is, we do not have the advantages of able body people nor the resources) They need another way to get the things they need that is more self reliant. That DOES NOT involve getting them seriously injured or killed by forcing them in to a situation in which negligent drivers don't obey and follow the laws.. Your never going to fix the negligent driver problem(especially when drivers are thinking; "well the other person is doing it. so I am too", or "there are no police around, so I am going to do what I want regardless to if it is illegal" I know this as a FACT because I remind drivers of the law Their answer is ALWAYS pointing to the other drivers saying they are doing it or asking me if I am a cop, knowing full well they are breaking the law that is putting others in danger..), unless you got rid of all the powered vehicles.
So put the slow moving cyclist on the walks and enforce them to follow the ped rules and reeducate the peds about sharing the sidewalk with other people not just cyclist. But then the areas like down town new york USA where its so pact there isn't room to turn around then yes it makes sense not to allow the slow cyclist there.
At the level, fines rates given to cyclists, the poor and disabled will be more willing to follow because that $100+ ticket is major penalty vs their income. Minnesota university MN campus the fine is in access of 100$ for riding in a no bike zone, even at speeds of pedestrians. So someone at poverty level isn't going to risk that kind of fine, Compared to the better offs.
Not all cyclist are speed freaks.
Kind of touched on the other chapters so there you guys happy? "THE FLOOR IS OPEN FOR DISCUSSION"
---------------------------------------------------
PS
HERE we have a constitutional right of freedom of movement, To freely go from point a to point b within our boarders.
LOAD OF GARP If you are a person of means and a car or money you are free to move about. those on foot or pedal power are excluded from exercising that right. If your a person on foot or pedal power who is doing it as a means to take care of ones self in providing ones self with the necessities of life your doubly screwed. especially if it involves leaving city limits or in the business district.
------------------------------------------------------
On a more up beat note:
seams to be a bit of a joke going around related to hunting. This is what I would be using or a similar homemade version using old bikes The firearm would be in a hard case unloaded. http://www.zoostores.com/shop/catal...d}&mr:match={matchtype}&mr:filter=43099889583 The bike with the bow would need to be in a soft case or hard, It can not be transported on our roads in that fashion. or I invest in a utility cargo bike here is example http://www.madsencycles.com/ This one has a good vid http://grist.org/biking/go-cargo-utility-bikes-take-cities-by-storm/
Oh did I mention I am usually carrying loads yes i am being
HMM the bottom one here at this link.
http://www.rideyourbike.com/cargo.html
Not impressed with its low load capacity especially when it has 2 tires in back to distribute weight.
http://www.torkerusa.com/bikes/utility/2012-tristar-hd I am looking for something that can take about 400lb 150lb deer and cargo, add me
This is of a more practical note for me though that won't kill the bank. https://cycletote.com/our-products/trailers/large-utility
Ball hitch connecting to the seat post. vid of it in action here https://cycletote.com/cycletotes-seatpost-hitch
Hey don't blame me for the super post you wanted it right now Just gave in to peer pressure. lot stuff of relevance probably got dropped this way, Hopefully I covered the main points
disabled rider. by the way my name was chosen on the basis of the medical and social definition of disability with the heavy emphasis on the "exclusion factor"(sunning of sick) , when I chose it.
- I mentioned in my last post about the social model of disability, before you said that you were going to explain about the different models. Hopefully that will show you that things aren't necessarily how you see them.
- The UK is not the USA. There are differences in terms of the language around and view of disability. Over here we moved on from some of the inappropriate language still used in the states a long time ago.
- Slightly linked to that, I note that you use the term "normal" for those you consider to be non-disabled. That shows how easy it is to fall into using inappropriate language and supporting the prejudice that this brings. It might be worth considering this as part of your processing of the position and views of others. I'm sure you don't mean to be prejudiced, but the language you've picked up from around you could be misinterpreted as such.
- There is no norm in terms of ability.
- Cycling is certainly not considered solely as a sport over here.
- The Equalities Act (merger of others with the DDA) is firmly established over here and includes clear instruction on consideration of accessability with businesses.
When I use terms of normal Is from the non-disability leadership/ elitist leadership, and as you pointed out the prejudices (This is NOT my personal view, When I use normal or non disabled There is a foul taste in my mouth or mind, In order to show the injustice sometimes you have to use their language to help them understand that that view is harming others.). That is my point exactly thanks for the rewording from another perspective. Just so you know the ADA core follows your take and been in place 5 years longer. problem is people refuse to follow it and how am I suppose to say its almost entirely the non-disabled group who is refusing (a group of people who have major similarities)?. the equities act is the same as ADA just worded differently in regards to dealing with the people with impairments That effect their ability to care for them selves..
http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068 is this the equality act? I hope this is a revised amended version, they are talking here. ADA put this into effect back in 1990 through titles 1-3. based on this link they are pretty much describing the ADA titles 1-3.
http://www.eeoc.gov/laws/statutes/adaaa_info.cfm when reading through here it is clarifying what was already in place since 1990
Quote"
For the purposes of the Act, these words have the following meanings:
- 'substantial' means more than minor or trivial (minor and trivial is so vague it can mean anything the current leadership decides. The ADA was clear starting 1990 right up till a supreme court judge messed it up. Then in 2008 George W bush JR restored it with the amendment "ADAAA" which officially kicked in march 15 2011 at least the title 3 portion of the amendment did. lost the right to use a service animal due to species he was Cat. )
- 'long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions)
- 'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping
http://en.wikipedia.org/wiki/Equality_Act_2010
based on this they decided to lump them all together? ouch makes it easier to add boat load of loop holes.
This can get troublesome when the forms of discrimination is different Like physical barriers does not effect able bodied. I am not saying updating is a bad thing its the lumping them together when the characteristics are different. (I don't mean in terms of prejudices)
It would have been easier to update them but have the same penalties for those who committed the wrong. physical access has nothing to do with gender or race unless in cases the person was of both. I think part of the confusion that may have been misinterpreted is I was dealing with "needs of an individual to participate." And the failure of society to allow those needs to be meet is the exclusion of the person who has certain needs. Different people have different needs. I am sorry for not making this more clear.
------------------------------------------------------------------------
I was busy writing chapter 1 when you posted your first response. It takes me time because I am repeatedly rereading what I write to try and refine it one of the points on the learning disability I forgot to put in till after the fact. I have dyslexia and a form related to transfer from short term memory to long term.
I do not have that ASD or what ever another poster posted. The way I write is not the same as the way I talk or think. The way I write is based on how my hearing and the learning disability impacts it. I been reading and not responding to the posts saying get on with it etc. partially to do with the second part of the learning disability related to short term memory. Partially to do with those folks are looking for entertainment when I am not doing this for entertainment.
-------------------------------------------------------------------------------
I was familiar with the disability models(which was the second chapter) and they are relatively established. Many people aren't aware or choose to ignore them or deliberately use one form or other. Like in a capitalist society they prefer to use the medical model. and make a show of using the social model just to placate the public ADA 1990.
Ok I am going to use the wikis as my second chapter instead of writing it out in summarized form. If people wondering what I am talking about here use the wikis as your reference.
http://en.wikipedia.org/wiki/Disability
http://en.wikipedia.org/wiki/Social_model_of_disability
http://en.wikipedia.org/wiki/Medical_model_of_disability
reality check
Problem is the ADA been in effect for more than 20 years. Most people are not even aware the law even exists. Or do not understand it or refuse to follow it.
Policy and actions still violate it 20+ years after the fact.
My guess is its the same with your DDA. / equality act
Shunning the sick is a powerful instinct. The laws, only partially succeed in the role they were intend, mainly because intellect is warring with instinct.
I am going to use the ADA examples here because that is what I am most familiar and I do not want to make the situation worse relying on things I am not real familiar with (DDA)
http://westlawinsider.com/cyberlaw/did-the-netflix-ada-ruling-break-the-internet-not-so-much-2/ This was in the news recently but I like how he shows, that yes, we have these laws but they don't really do as intended which is to get society to comply with "inclusion"
Here is a mobility one from New York That goes to show the ADA is just a rubber stamp and is not to be taken seriously.(ADA had relatively clear working on the issue this was a political ruling , I wasn't suppose to be)
Taxi had 20 years to comply as they replace cars from their fleet. It would not have been a fundamental alteration to gradually shift the fleet over. Problem is they did not do so. This prompted this case and ruling was against the ADA http://www.capitalnewyork.com/artic...win-ruling-taxis-arent-subject-public-accessi
This case is very much in line with other attitudes regarding forms of transportation, Bicycles, power assist bicycles, trikes, Tadpoles, bikes with trailers etc.
I was looking for an example in the USA of the tank tread chair, guess what we are not so different. http://www.dailymail.co.uk/news/art...road-tank-wheelchair-killjoy-DVLA-chiefs.html That about sums up the attitude here as well.
Point is its not all cut and dried as you would like me to believe. I know this personally as a fact. I deal with the ADA on daily basis. I also deal with the way society uses clever tactic to do end runs on the ADA and the DDA. Or they limit the scope in how effective the laws protect. Example violating ADA work place discrimination, There is a clause of capping damages at $55,000, any other protected class like black ,women, old they get multi millions for the same level of offense.
like the ADA doesn't apply to our federal government and its building, they rely on an outdated 1974 rehabilitation act, which has very limited scope of protection.
I am pretty sure the DDA/equality act has similar issues. As the tank chair is good example. If your law was so great this would not have happened.
Punitive damages, is the teeth of civil rights laws.
Any way on to cycling perspective. The roads were not designed for bikes period. most of them anyway. some of the issues mainly stems from who is designing and money available and when the layout was put in like 1800's or 2010. Example: putting a bike lane to the left of parking where when the parked car opens it door totally blocks the bike lane. Another example which is the case for ALL of the roads down town here where I live, either lane is just big enough for a car or car and parking, NO space for bikes on right side of roads. this set up was designed by people who DO NOT RIDE BIKES.
OK I guess I am going to add other components of other chapters to this post as a means to speed up the process partially to show the conflict of ADA and policy(laws and rules), physical world and the reality.
Ideal world the ADA and the DDA does as intended. Real world it doesn't, This is mainly due to who is in control and the shunning the sick/injured instinct(Exclusion Factor). ADA and DDA says this person has the same rights to ride the bus as every one else. Example of the shunning over powering the ADA and the DDA. Would you want a person sitting next to you on the bus, that has a blistering oozing skin condition? The instinct say get that person as far from you as possible, better yet exclude them from riding for the safety of all the other riders too. It doesn't matter if "fact" is its not transmittable. People respond to instinct long before they respond to intellect law like ADA and DDA. The perception of the sick person being a direct danger overrides. Personally, I would ask, "is your skin condition transmittable to others?" if not sit with them, If so I move to another spot. I would never tell them they couldn't ride the bus. If someone else tried to block them I get in the offenders face and tell them to back off, if the offender don't like them, they can get off, their choice.
Another example that it is clearly written in to the ADA and can not be violated. A person with a service animal shall not be banned or segregated in a homeless shelter. Homeless shelter is a written example of public accommodation. Guess what about 15 years after this law was put in place, I found myself homeless with a service animal. I went to ALL the local shelters. NONE OF THEM ALLOWED ACCESS not even when a letter from legal services. Told them they were clearly breaking a civil rights law and must comply. 3 months from January to April. Coldest time of year here. Homeless in a van no heating.
The shelters used the stall tactic to deny my access clearly protected by the ADA. The allowable punitive damages were so low to non existent that lawyers refused to take action.
https://www.revisor.mn.gov/statutes/?id=169.222
specially pay attention to sub section 4 and particularly 4d on street riding and sidewalk riding.
There are other traffic laws which may not be listed in the above link. Like the 3ft clearance drivers MUST give to bikers of the bikers left side. About 1 out of about 100 obey this. Why so few you ask? Police do NOT enforce the law. Drivers know this. and thus they DO NOT merge to left lane on double lanes or give 3 ft clearance on single lanes as required by law. Many times they can't even do the 3ft because it puts them into oncoming traffic or crossing a double yellow line to do so. No actions are taken by police when a biker reports it, even with video proof of the violation. The Police themselves have to catch them in the act. only time they do that is after a cyclist is hit or killed. Then its too late. Now this is serious problem even for the non disabled. It is exponentially increased for disabled due to various impairments. For us it becomes not a matter of if we get hit but when.
Our down town business district is NOT designed to include bikes because it was designed before bikes became important means of getting around. There is physically NO ROOM to add bike lane.
Our law actually contradicts. When you read it it says we have the same rights to use the road as cars BUT, you have to keep far right of the lane and DO NOT IMPEDE traffic problem here is in order to give the 3 foot right away they have to completely merge in to the left lane or completely cross the center line to do so. This has to do with the traffic passing law, of you have to do a whole lane pass and not a half lane pass. If your on a single lane road with double line, your breaking the law because your impeding the flow of traffic. Because they can't legally pass you and give the mandatory 3 foot clearance.
So both parties are breaking the law. and nothing can be done about it because it is a physical limitation that was IMPOSED by select able body people. By limiting how wide the streets are.
For the disabled there is a modification that could be done that would keep them from getting killed. sidewalk.
Many of us disabled that I see riding bikes round here are not moving much faster than top speed of a power chair or scooter.
That bull that drivers don't see disabled bikers due to moving too fast on side walks is MOSTLY false. THEY ARE NOT LOOKING AT ALL WHEN THE LAW REQUIRES IT. Then it goes back to lack of police not enforcing the law. Especially when people are driving 2000lb weapons.
Key with allowing disabled bikers on sidewalks is they follow the pedestrian rules, Which I do and thus in the 6+ years I have ZERO accidents, not even a single bump. The only close calls are pedestrians NOT looking before merging on to lane of flow. I was only moving the speed of walking in these cases and came to a halt, it was not a case of me running into them it was the other way around their failure to look where they are going. I never cruise at speed in which I can not stop on the dime down town. I also observe the pedestrians running into each other frequently for the same failure to NOT LOOK where they are walking. It is not automatically the bikers fault.
The statistics about bikers getting hurt more often on sidewalks is purely the biker forgetting to use ped rules instead of street rules.
Right away is given, it is NOT automatic. when you assume right of way is automatic that is when the accident occurs.
When approaching intersections I slow down and LOOK to ensure that pedestrians and drivers alike are giving right away, if not I stop period. When passing, I shout at distance "passing on your left side." Only problem, I encounter is peds DO NOT SHARE THE SIDEWALK EVEN WITH OTHER PEDS. Like keep to the right when walking, always pass on left side of slower moving peds. Then the Peds go and try to blame the cyclist or even other peds for their own failure to follow rules. Even when cyclist is following the peds rules to the letter. Peds are not following their own rules as to the proper way to share the sidewalk even with other peds.
I find myself often times stopping to remind pedestrians that there is in fact are rules to sharing the sidewalk with other pedestrians. and mobility impaired. Auditory is just as much a mobility issue as no legs etc. People forget the importance hearing plays in moving from point a to point b. Not to mention the balance factor with loss of hearing.
There is only one place here, where I get up to any kind of speed its a straight 8ft wide sidewalk with 10ft + visibility to either side and NO peds or other cyclists and no drive crossings. This is the only place I go of any kind of speed approaching 10 miles an hour.
people were trying to tell me use a mirror and ride the street. That is FLAWED LOGIC. first off they were saying it from a NON disability perspective. That perspective gets me killed in reality. Mirror works for people with hearing it does not for those without. it is handy for those with out hearing but it does nothing when it actually counts. Here is how and I know this from actually trying to do it in reality even after practice it was useless in real world application. I stopped using mirrors when a driver broke the one I had off with close pass.
Ok here is how a mirror works for the NON disabled. They hear traffic approaching from the rear which Ques the rider to look in the mirror to ensure the driver is paying attention or giving enough clearance. Their hearing allows the rider to keep eyes forward so they do not run into anything. And only look back when absolutely necessary based on the warning given by their hearing.
From deaf point (me) I can't hear traffic until its on top of me. As result I do not know when to look into the mirror. For the mirror to do me any good, as to the status of traffic behind me, I have to watch the mirror full time. Thus NOT LOOKING FORWARD. Remember right away is never automatic it is always given no matter what any law says.
using mirrors when driving is nothing like that of biking. principle of mirror use is too different.
AS it stands if I follow the letter of law I will be killed or seriously injured by negligent drivers. (FACT)
Since you can't stop the driver from breaking the law, change the policy that allows me as a disabled rider to ride on sidewalk adhering to the pedestrian rule of traffic. I know this would not work in all areas this is not possible, like new york city at rush hour where the peds are so packed that there isn't really enough room for a ped to turn around.
I have already demonstrated, it is possible, successfully for 6+ years. Police know who I am and do not attempt to stop me, they know I am disabled.
Then if this last sentence is the case then Why am I here trying to advocate?
The laws and policy and the shunning of the sick which is in essence the "Exclusion factor"
Civilians Are trying to shun me and force me on to the roadway where for fact I will be killed. Why do they want to shun me is because they themselves are breaking the law of loitering on the public sidewalk blocking flow of traffic. Which is forbidden in chapter 73 of our city ordinance. When a civilian shuns the sick(ME) they call the police. Thus the police left me alone understanding my situation, but being that they are peace officers, they have no choice but to uphold the letter of the law even when that letter of the law discriminates and puts people in harms way. Now that a civilian called the police it forces the police to uphold a discriminatory law.
Civilian are using the shun instinct and letter of law to do harm against a disabled person me. I can't ride the road. This is nothing to do with preference. This is I am in imminent danger of being run over. I have enough on my plate of impairments I do not need to add more from an imminent danger of an accident.
Rest of the freedom of movement regarding not being able to leave the city is: The posting on highways no bikes even highways that are straight with 8-12ft wide asphalt shoulders and no sound barriers or other rails. Thus effectively cutting off all but 2 access points out of the city. I can't even legally access part of the city because of the signage. A huge consumer business park and the gunsmith I go too, is on the other side of said blockage. this same highway has a 7ft asphalt shoulder. It is perfectly safe to use when 100% of the right of way is given to the drivers.
The 2 - 4 access points are recreational riding only. they do not have a utility purpose of getting from point A to point B. So fishing and hunting, shopping areas are currently inaccessible to me due to the disabled/ poor, exclusion factor (shun sick). I can get there safely if policy allowed it. I been excluded. Because I can not afford a car due to the chapter 1 issues I wrote. I am more than capable driving I was a shuttle driver at previous employment even with the impairments 1-7.
I know for fact I am not alone I am one of very few who try to do it anyway. Mainly I don't have outside help to bring the things I need to me I have to go get it. Other disabled simply quit, become prisoners to their homes and relying on a failing system that brings the things they need to them. Then I am a prisoner most of the time too. Like today I have not opened my apartment door once.
If you have hard time understanding the following take the red out and read it and vice-versa. It is a dual train of thought intertwined and I do not know how else to word it
The DDA system is failing too the link previously pointed this out about the government and media declared war on the poor disabled.(I did not declare any war, the government and media, elitist did on us. As a means to gut things like the DDA and the ADA we are already in a state of war. Just not an official declaration of war. Problem is they declared war on a group of people who can't even really fight back. We try, but simple fact is, we do not have the advantages of able body people nor the resources) They need another way to get the things they need that is more self reliant. That DOES NOT involve getting them seriously injured or killed by forcing them in to a situation in which negligent drivers don't obey and follow the laws.. Your never going to fix the negligent driver problem(especially when drivers are thinking; "well the other person is doing it. so I am too", or "there are no police around, so I am going to do what I want regardless to if it is illegal" I know this as a FACT because I remind drivers of the law Their answer is ALWAYS pointing to the other drivers saying they are doing it or asking me if I am a cop, knowing full well they are breaking the law that is putting others in danger..), unless you got rid of all the powered vehicles.
So put the slow moving cyclist on the walks and enforce them to follow the ped rules and reeducate the peds about sharing the sidewalk with other people not just cyclist. But then the areas like down town new york USA where its so pact there isn't room to turn around then yes it makes sense not to allow the slow cyclist there.
At the level, fines rates given to cyclists, the poor and disabled will be more willing to follow because that $100+ ticket is major penalty vs their income. Minnesota university MN campus the fine is in access of 100$ for riding in a no bike zone, even at speeds of pedestrians. So someone at poverty level isn't going to risk that kind of fine, Compared to the better offs.
Not all cyclist are speed freaks.
Kind of touched on the other chapters so there you guys happy? "THE FLOOR IS OPEN FOR DISCUSSION"
---------------------------------------------------
PS
HERE we have a constitutional right of freedom of movement, To freely go from point a to point b within our boarders.
LOAD OF GARP If you are a person of means and a car or money you are free to move about. those on foot or pedal power are excluded from exercising that right. If your a person on foot or pedal power who is doing it as a means to take care of ones self in providing ones self with the necessities of life your doubly screwed. especially if it involves leaving city limits or in the business district.
------------------------------------------------------
On a more up beat note:
seams to be a bit of a joke going around related to hunting. This is what I would be using or a similar homemade version using old bikes The firearm would be in a hard case unloaded. http://www.zoostores.com/shop/catal...d}&mr:match={matchtype}&mr:filter=43099889583 The bike with the bow would need to be in a soft case or hard, It can not be transported on our roads in that fashion. or I invest in a utility cargo bike here is example http://www.madsencycles.com/ This one has a good vid http://grist.org/biking/go-cargo-utility-bikes-take-cities-by-storm/
Oh did I mention I am usually carrying loads yes i am being
HMM the bottom one here at this link.http://www.rideyourbike.com/cargo.html
Not impressed with its low load capacity especially when it has 2 tires in back to distribute weight.
http://www.torkerusa.com/bikes/utility/2012-tristar-hd I am looking for something that can take about 400lb 150lb deer and cargo, add me
This is of a more practical note for me though that won't kill the bank. https://cycletote.com/our-products/trailers/large-utility
Ball hitch connecting to the seat post. vid of it in action here https://cycletote.com/cycletotes-seatpost-hitch
Hey don't blame me for the super post you wanted it right now Just gave in to peer pressure. lot stuff of relevance probably got dropped this way, Hopefully I covered the main points
disabled rider. by the way my name was chosen on the basis of the medical and social definition of disability with the heavy emphasis on the "exclusion factor"(sunning of sick) , when I chose it.
