(It’s clear there were still some questions about the bicycling anti-harassment ordinance and the new law continues to provide fodder for a media that isn’t interested in getting the facts straight.
Spread this one far and wide. Ross Hirsch Esq. writes what is the definitive explanation of the bicycling anti-harassment ordinance in the City of Los Angeles. Thanks, Ross. – DN)

Ross Hirsch, pre-beard.
The City of Los Angeles recently enacted a law that may be viewed as the dawn of Cyclist Civil Rights—it’s a law designed to protect cyclists, and it provides civil remedies for cyclists who have been harassed by drivers. The new law, Los Angles Ordinance No. 181817, went into effect on Monday, September 5, 2011, and since its unanimous passing by the Los Angeles City Council in July 2011, and subsequent approval by sometimes-cyclist Mayor Villaraigosa shortly thereafter, it has been the topic of nationwide newspaper articles, radio talk shows, blog posts, and confused comments on the law’s enforcement and necessity. There may be some that are confused by the law, but whether you ride a bike or are a driver that sometimes succumbs to road rage, you’ll want to know how this law works and why it’s important.
Why Was This Law Necessary?
With this new law, the first of its kind in the nation, Los Angeles has taken a bold step in the protection of cyclists. Los Angeles City Council Transportation Chair Bill Rosendahl, who championed the law through the law’s drafting, the numerous committee hearings, the public comments, and ultimately the unanimous City Council approval, was fed up hearing stories of cyclists suffering unnecessary aggression on our roadways. He was also fed up hearing that only the rare or egregious case was actively pursued by our law enforcement officials. Acting on requests from various bike groups and bike activists, Rosendahl stepped up and requested the Los Angeles City Attorney to draft legislation to prevent this harassment and better protect cyclists.
The new “Cyclist Anti-harassment Law,” as it has been called, is novel in its application to cyclists who the Legislature has recognized are legitimate road users whose responsible transportation choice should be encouraged—but are in need of additional protections because they are more vulnerable than those who choose to travel in several-thousand pound four-wheel metal boxes.
The law has the potential to better ensure the safety of cyclists, and it provides education opportunities to raise the level of cyclist awareness, but let’s cut to the chase: the bottom line is that it gives cyclists the opportunity to pursue civil remedies against those who harass cyclists.
This type of law—one that provides for a private right of action in civil courts of otherwise un- or under-enforced criminal laws— is not new; there are many federal, state, and local laws currently on the books that provide for similar enforcement measures, including the attorney fee-shifting measures contained in the new law. Some other laws that come to mind where legislators have enacted similar provisions on public policy grounds to encourage enforcement where law enforcement has been less-than-effective are civil rights laws (to prevent racial discrimination, employment discrimination, housing discrimination) and environmental statutes (like the Clean Water Act and California’s Proposition 65—the Safe Drinking Water and Toxic Enforcement Act) to name only a few.
I’ve litigated some of these other laws, so I dismiss the arguments that the law is improperly unfair or one-sided. The time has come to finally recognize that cyclists need extra protection on our roadways, and they are a class of people whose rights have been historically violated and very infrequently enforced. This is the creation of Cyclist Civil Rights. Read more…