The Law Offices of James M. Freeman, P.C.

On Tuesday I happened on a bicyclist education event at the Milwaukee, Damen and North intersection.  Mayor Daley's bicycling Ambassadors, 32nd Ward Alderman Scott E. Waguespack, and Chicago Police were handing out material and talking to cyclists about bicycle laws.  According to Alderman Waguespack Chicago intends to step up traffic enforcement as to bicyclists in the coming year.  This event was an effort not only to educate cyclists, but to acclimate them to the idea that lax enforcement with respect to cyclists is coming to an end in Chicago.

I am a staunch advocate of traffic enforcement as to bicyclists.  It is my opinion that the renegade reputation of Chicago cyclists is directly linked to CPD's lack of interest in traffic enforcement against bicyclists.  The laws are on the books.  We don't need more laws to regulate cyclists.  We simply need the existing laws enforced.  Alderman Waguespack stated that CPD intends to step up traffic enforcement as to bicyclists in the coming year.  Personally, I welcome this change, and I look forward to seeing cyclists being ticketed for traffic violations. 

Lax traffic enforcement has several detrimental effects on bicyclists in Chicago:

• Lax enforcement contributes to negative stereotypes.  Cyclists are perceptive of the lack of enforcement, and some cyclists take advantage of the situation by disregarding traffic laws.  Motorists and pedestrians see some cyclists disregarding traffic laws, and they develop negative attitudes toward cyclists.  Remember, as a cyclist you represent our whole community.  When the non-cycling public sees you acting dangerously it reflects poorly on cyclists as a whole and only serves to reinforce negative stereotypes.  It is no excuse that motorists don't obey traffic laws.  We cannot act lawless simply because others do.  If we expect to enjoy the rights and respect of other users of the road we must follow the rules and carry ourselves in a civil manner.
• Enforcement of the law is one of the most powerful educational tools society has at it's disposal.  One of the arguments for punishment of undesirable behavior is that it serves as an example and therefore discourages other people from such action in the future.  This is especially true with traffic enforcement.  For example; in the town I grew up in there was a four way stop.  Everyone in town knew that if you rolled this particular stop you would be ticketed, and the local sheriff would spend his loafing time watching that stop and issuing tickets for rolling stops.  Almost everyone came to a complete stop at that intersection because they were acutely aware of the danger of being ticketed.  The same would be true here.  If CPD starts handing out tickets people will become more aware of the law and aware of enforcement.  Cyclists would be less inclined to disregard traffic laws if there was even a remote possibility that they might be ticketed.
• Unenforced laws are used against cyclists by negligent motorists.  The perfect example of this is the headlight law in Illinois.  Headlights are required under Illinois and Chicago law when a bicycle is operated at night, but I don't know anyone who has ever received a no-headlight ticket.  There is virtually no enforcement of this law in Chicago, so many cyclists do not use headlights at night.  Assume an otherwise negligent motorist hits an unlit cyclist.  They will say they didn't see the cyclist, and they will point out the lack of proper headlight.  They will then use the headlight statute as a sword against the cyclist and argue that if the cyclist had been properly lighted the motorist would have seen the cyclist.  The motorist has a textbook defense for his otherwise negligent actions, and the cyclist may even face a claim for damage to the motorist's car.  The argument starts like this, "...You wouldn't drive a car without headlights would you?"

Alderman Waguespack is a cyclist himself, and he seemed to appreciate the need for traffic enforcement for the benefit of cyclists.  He talked fondly of his experience as an avid mountain biker in Colorado, where they actually have mountains.  Not surprisingly, he finds even the best mountain biking in the Midwest to be somewhat disappointing.  Having said that, he seems to have adapted well to his current environment and has moved to a road bike becuase of it's practical utility on Chicago's relatively flat streets.  Alderman Waguespack not only leads by example as a bicycle commuter himself, but he also encourages his staffers to commute by bicycle. 

Thanks to Mayor Daley's bicycling Ambassadors, 32nd Ward Alderman Scott E. Waguespack, and Chicago Police for taking the time to educate cyclists about traffic laws in Chicago.  My hope is that though efforts like this citizens of Chicago will learn that public ways are for all citizens, regardless of their chosen mode of conveyance.