Bicyclist Charged with Delaying Traffic Legislature to Pass Bicyclists' Bill of Rights and Responsibilities

BOSTON, MASS: A Massachusetts bicyclist is facing the criminal charge of "disorderly person" for the crime of delaying traffic. MassBike President Paul Schimek said, "There is no legal basis for this charge. Bicyclists have the same right to use the road as motorists. If a bicyclist violates a traffic rule, he should be given a traffic ticket. But it is not a crime to ride your bike." The cyclist was not charged with any traffic violation. "Furthermore," said Schimek, "the police by their own words do not know how the traffic law applies to bicycles, even though it's very simple: bicyclists must follow the same rules as motorists." MassBike supports a bill in the Massachusetts legislature, the Bicyclists' Bill of Rights and Responsibilities, which requires that police officers receive instruction in the rights and responsibilities of bicyclists. "This case clearly shows that this legislation is sorely needed," said Schimek. The bicyclist, Scott Jenney, was followed by an off-duty Wilmington, MA police officer and later stopped by a uniformed officer. He politely cooperated. The police told him he should be no further left then a few inches away from snow banks and other obstacles on the side of the road. The same police department had previously told him to stay out of the travel lane. However, the law gives cyclists the same right to use the travel lane as motorists. Later Jenney received a notice of the Disorderly Person complaint against him in the mail. The charge has maximum penalties of a $200 fine and/or six months in prison.

MassBike President Schimek said, "This case affects all bicyclists in Massachusetts, and even beyond. We believe that the charge has no merit, given that bicyclists have a right to use all public roads. If we lose this case, it will set an extremely bad precedent." The Mass. Supreme Judicial Court has ruled that "A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: . . . creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor." However, Mass. law says that bicyclists "shall have the right to use all public ways . . . in the Commonwealth". That gives a legitimate purpose. Schimek continued, "Use of the roads by any driver potentially creates public inconvenience, annoyance, and hazards. Traffic rules minimize both danger and delay. That is why bicyclists and motorists must both follow these rules. However, Jenney is not charged with violating the traffic law." MassBike is asking the public to write or telephone the District Attorney asking her to drop the charge against Scott Jenney pending in Woburn District Court and issue a memo to police concerning the treatment of bicycling in the traffic law. The address is: