Re: Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

Luciano bailey

2006-08-12

Sorry for the late reply messenger spankings will soon be a thing of the
past as we have seen nationallly over the last few years. Access without
attitude has always been the barrier as more couriers have broken down
those wallls we see the numbers of riders increasing, and with the addition
of a track event at the courier worlds the motivation is there. Molly
Cameron is a perfect example of courier gone pro in more than one
discipline. Enough on that Matt Wolpert got my point this is not for
everyone the few that have spent years to develope these extra-ordinary
skills still continue to impress me.

>From: "Matthew Wolpert"
>To: "Dan H"
>CC: "Luciano bailey" ,
>gmalcolm@professionalcredit.com, obra@list.obra.org
>Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>MustHave a Brake
>Date: Sun, 30 Jul 2006 12:30:56 -0700
>
>another friendly point:
>
>Dan, I think it would be better service to Luciano's statement to interpret
>what he wrote as making the point that the best messenger's possess a
>highly
>evolved level of skills, and that the practice and talent it takes to
>develop this level is akin to the practice and talent it takes to develop
>at
>the level of the best track racers. They are, of course, different skill
>sets, and being good at one does not mean a person would be good at the
>other. I would suggest that the best interpretation of what he wrote is to
>say that messengers deserve respect for being good at what it is that they
>do, just like everyone else.
>
>so, for instance, many people on this list, including me of course, might
>be
>deserving of credit for never letting an opportunity to keep a topic from
>dying pass by.
>
>:)
>
>-Matthew
>
>
>On 7/30/06, Dan H wrote:
>>
>>Friendly rebuttal:
>>Luciano, While I agree that bike messengers must posses a high level of
>>skill just to stay free of injury or death, I must take exception to your
>>comment that couriers skills are no different than world class
>>cyclists. I
>>have observed several messenger types attempt to take it to the track and
>>show those trackies what a messenger can do and most of the time they get
>>spanked. It's not their fault, it's just that street skills and work do
>>not
>>necessarily translate to success on the track (or road). In addition,
>>messenger work is not very good training for racing. Of course there are
>>exceptions (Nelson Vails comes to mind) but most of those had to quit
>>messengering to train properly for racing.
>>Even though I spend a lot of time driving for money and consider myself
>>very
>>proficient at it, I don't think I could hop into a NASCAR and be
>>competitive!
>>
>>----- Original Message -----
>>From: "Luciano bailey"
>>To: ;
>>Sent: Sunday, July 30, 2006 11:43 AM
>>Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>>MustHave a Brake
>>
>>
>> > You must be kidding me !!!!!!!! These bikes this lifestylle is not for
>> > everyone .Most messengers are professional bike riders in there own
>>right
>> > not only can these brave souls navigate cuty traffic at great risk, but
>> > perform manuevers on these gearless, brakeless rides that world
>>champions
>> > cannot, For those in doubt take a ride with myself Zac, Sharky,Tad or
>>any
>> > of
>> > the other couriers who also race and see if you recognize any
>>destinctly,
>> > different yet, highly skillled contrast to conventional approach. Since
>> > the
>> > seventies I have been a part of this sub-culture and have at no point
>>felt
>> > a
>> > couriers skills any different then world class cyclists. Evolution
>>since
>> > those days is evident by the introduction of the courier world
>> > championships
>> > which I would challenge anyone who questions the skill level to
>>compete.
>> > My
>> > final thought is that for those in doubt of a riders ability to skid
>>the
>> > record is over 260 feet on dry pavement
>> >
>> >
>> >>From: "Malcolm, Gary"
>> >>To: "'obra@list.obra.org'"
>> >>Subject: Re: [OBRA Chat]Multnomah County Judge's Ruling: Fixed-gear
>> >>Bikes MustHave a Brake
>> >>Date: Fri, 28 Jul 2006 11:04:27 -0700
>> >>
>> >>Personally I think fixies SHOULD have brakes for street usage...but
>> >>REQUIRED? There are plenty of rules already... just ask your local
>> >>building
>> >>contractor.
>> >>
>> >>
>> >>Besides as Mr. Ginsberg pointed out in TFA : The law does not state a
>> >>difference between disc, clincher, or chain brakes and the Judge seems
>>to
>> >>have completely forgotten that hands use muscles too. The funniest part
>> >>was
>> >>the judge/cop asking, "what if your legs were cramping?." I guarantee
>>if
>> >>your legs stop working on a fixie you WILL come to a complete stop
>>rather
>> >>quickly :)
>> >>
>> >>
>> >>Gary
>> >>
>> >>-----Original Message-----
>> >>From: GEORGE SCHRECK [mailto:gschreckchat@hughes.net]
>> >>Sent: July 28, 2006 11:00 AM
>> >>To: tokarev1@ix.netcom.com; obra@list.obra.org
>> >>Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear
>>Bikes
>> >>MustHave a Brake
>> >>
>> >>
>> >>
>> >>1. I do not see why someone would be resistant to a brake. Although
>>they
>> >>may be able to stop without one, there may be panic situations where a
>> >>brake
>> >>would be helpful. If it turns out that they never need it, I consider
>> >>that
>> >>good news for them.
>> >>
>> >>2. If we wish to have the rights as vehicles, we should comply with the
>> >>rules that apply to vehicles like functioning brakes and lights at
>>night
>> >>(not ot mention obeying stop signs and traffic lights).
>> >>
>> >>----Original Message----
>> >>From: tokarev1@ix.netcom.com
>> >>Date: 07/28/2006 10:19 AM
>> >>To:
>> >>Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>> >>MustHave a Brake
>> >>
>> >>
>> >>
>> >>That was very interesting to read!
>> >>
>> >>I side with Mark and the messenger here and thought Mark's cross
>> >>examination
>> >>was great!
>> >>I believe that one can be completely safe on a brakeless fixie. I have
>> >>taken
>> >>a few rides
>> >>with Zac Kovalcik and am amazed by his ability on the brake free
>>machine.
>> >>I
>> >>myself have
>> >>two brakes on my fixed gear bicycle. :)
>> >>
>> >>I predict that there will be tremendous resistance from the brakeless
>> >>crowd
>> >>about having
>> >>to put a brake on their ride. Even if they never have to use it it wont
>>do
>> >>anything harmful
>> >>to their job or bike. I am afraid that the only harm will be to their
>> >>sense
>> >>of fashion and would
>> >>hate for all fixies, brakes or not, to be outlawed!!
>> >>
>> >>-Keith
>> >>
>> >>-----Original Message-----
>> >>From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
>> >>Behalf Of Curt Dewees
>> >>Sent: Friday, July 28, 2006 9:56 AM
>> >>To: obra@list.obra.org
>> >>Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>> >>MustHave a Brake
>> >>
>> >>
>> >>This account included blow-by-blow testimony from the judge, police
>> >>officer,
>> >>and the defendant's lawyer (some dude named Mark Ginsberg?
>> >>
>> >>http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/
>> >>
>> >>
>> >>
>> >>
>> >
>> >
>> >>_______________________________________________
>> >>OBRA mailing list
>> >>obra@list.obra.org
>> >>http://list.obra.org/mailman/listinfo/obra
>> >>Unsubscribe: obra-unsubscribe@list.obra.org
>> >
>> >
>> > _______________________________________________
>> > OBRA mailing list
>> > obra@list.obra.org
>> > http://list.obra.org/mailman/listinfo/obra
>> > Unsubscribe: obra-unsubscribe@list.obra.org
>> >
>> >
>> >
>>
>>
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>>


Matthew Wolpert

2006-07-30

another friendly point:

Dan, I think it would be better service to Luciano's statement to interpret
what he wrote as making the point that the best messenger's possess a highly
evolved level of skills, and that the practice and talent it takes to
develop this level is akin to the practice and talent it takes to develop at
the level of the best track racers. They are, of course, different skill
sets, and being good at one does not mean a person would be good at the
other. I would suggest that the best interpretation of what he wrote is to
say that messengers deserve respect for being good at what it is that they
do, just like everyone else.

so, for instance, many people on this list, including me of course, might be
deserving of credit for never letting an opportunity to keep a topic from
dying pass by.

:)

-Matthew

On 7/30/06, Dan H wrote:
>
> Friendly rebuttal:
> Luciano, While I agree that bike messengers must posses a high level of
> skill just to stay free of injury or death, I must take exception to your
> comment that couriers skills are no different than world class
> cyclists. I
> have observed several messenger types attempt to take it to the track and
> show those trackies what a messenger can do and most of the time they get
> spanked. It's not their fault, it's just that street skills and work do
> not
> necessarily translate to success on the track (or road). In addition,
> messenger work is not very good training for racing. Of course there are
> exceptions (Nelson Vails comes to mind) but most of those had to quit
> messengering to train properly for racing.
> Even though I spend a lot of time driving for money and consider myself
> very
> proficient at it, I don't think I could hop into a NASCAR and be
> competitive!
>
> ----- Original Message -----
> From: "Luciano bailey"
> To: ;
> Sent: Sunday, July 30, 2006 11:43 AM
> Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
> MustHave a Brake
>
>
> > You must be kidding me !!!!!!!! These bikes this lifestylle is not for
> > everyone .Most messengers are professional bike riders in there own
> right
> > not only can these brave souls navigate cuty traffic at great risk, but
> > perform manuevers on these gearless, brakeless rides that world
> champions
> > cannot, For those in doubt take a ride with myself Zac, Sharky,Tad or
> any
> > of
> > the other couriers who also race and see if you recognize any
> destinctly,
> > different yet, highly skillled contrast to conventional approach. Since
> > the
> > seventies I have been a part of this sub-culture and have at no point
> felt
> > a
> > couriers skills any different then world class cyclists. Evolution since
> > those days is evident by the introduction of the courier world
> > championships
> > which I would challenge anyone who questions the skill level to compete.
> > My
> > final thought is that for those in doubt of a riders ability to skid the
> > record is over 260 feet on dry pavement
> >
> >
> >>From: "Malcolm, Gary"
> >>To: "'obra@list.obra.org'"
> >>Subject: Re: [OBRA Chat]Multnomah County Judge's Ruling: Fixed-gear
> >>Bikes MustHave a Brake
> >>Date: Fri, 28 Jul 2006 11:04:27 -0700
> >>
> >>Personally I think fixies SHOULD have brakes for street usage...but
> >>REQUIRED? There are plenty of rules already... just ask your local
> >>building
> >>contractor.
> >>
> >>
> >>Besides as Mr. Ginsberg pointed out in TFA : The law does not state a
> >>difference between disc, clincher, or chain brakes and the Judge seems
> to
> >>have completely forgotten that hands use muscles too. The funniest part
> >>was
> >>the judge/cop asking, "what if your legs were cramping?." I guarantee if
> >>your legs stop working on a fixie you WILL come to a complete stop
> rather
> >>quickly :)
> >>
> >>
> >>Gary
> >>
> >>-----Original Message-----
> >>From: GEORGE SCHRECK [mailto:gschreckchat@hughes.net]
> >>Sent: July 28, 2006 11:00 AM
> >>To: tokarev1@ix.netcom.com; obra@list.obra.org
> >>Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear
> Bikes
> >>MustHave a Brake
> >>
> >>
> >>
> >>1. I do not see why someone would be resistant to a brake. Although
> they
> >>may be able to stop without one, there may be panic situations where a
> >>brake
> >>would be helpful. If it turns out that they never need it, I consider
> >>that
> >>good news for them.
> >>
> >>2. If we wish to have the rights as vehicles, we should comply with the
> >>rules that apply to vehicles like functioning brakes and lights at night
> >>(not ot mention obeying stop signs and traffic lights).
> >>
> >>----Original Message----
> >>From: tokarev1@ix.netcom.com
> >>Date: 07/28/2006 10:19 AM
> >>To:
> >>Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
> >>MustHave a Brake
> >>
> >>
> >>
> >>That was very interesting to read!
> >>
> >>I side with Mark and the messenger here and thought Mark's cross
> >>examination
> >>was great!
> >>I believe that one can be completely safe on a brakeless fixie. I have
> >>taken
> >>a few rides
> >>with Zac Kovalcik and am amazed by his ability on the brake free
> machine.
> >>I
> >>myself have
> >>two brakes on my fixed gear bicycle. :)
> >>
> >>I predict that there will be tremendous resistance from the brakeless
> >>crowd
> >>about having
> >>to put a brake on their ride. Even if they never have to use it it wont
> do
> >>anything harmful
> >>to their job or bike. I am afraid that the only harm will be to their
> >>sense
> >>of fashion and would
> >>hate for all fixies, brakes or not, to be outlawed!!
> >>
> >>-Keith
> >>
> >>-----Original Message-----
> >>From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
> >>Behalf Of Curt Dewees
> >>Sent: Friday, July 28, 2006 9:56 AM
> >>To: obra@list.obra.org
> >>Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
> >>MustHave a Brake
> >>
> >>
> >>This account included blow-by-blow testimony from the judge, police
> >>officer,
> >>and the defendant's lawyer (some dude named Mark Ginsberg?
> >>
> >>http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/
> >>
> >>
> >>
> >>
> >
> >
> >>_______________________________________________
> >>OBRA mailing list
> >>obra@list.obra.org
> >>http://list.obra.org/mailman/listinfo/obra
> >>Unsubscribe: obra-unsubscribe@list.obra.org
> >
> >
> > _______________________________________________
> > OBRA mailing list
> > obra@list.obra.org
> > http://list.obra.org/mailman/listinfo/obra
> > Unsubscribe: obra-unsubscribe@list.obra.org
> >
> >
> >
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Dan H

2006-07-30

Friendly rebuttal:
Luciano, While I agree that bike messengers must posses a high level of
skill just to stay free of injury or death, I must take exception to your
comment that couriers skills are no different than world class cyclists. I
have observed several messenger types attempt to take it to the track and
show those trackies what a messenger can do and most of the time they get
spanked. It's not their fault, it's just that street skills and work do not
necessarily translate to success on the track (or road). In addition,
messenger work is not very good training for racing. Of course there are
exceptions (Nelson Vails comes to mind) but most of those had to quit
messengering to train properly for racing.
Even though I spend a lot of time driving for money and consider myself very
proficient at it, I don't think I could hop into a NASCAR and be
competitive!

----- Original Message -----
From: "Luciano bailey"
To: ;
Sent: Sunday, July 30, 2006 11:43 AM
Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
MustHave a Brake

> You must be kidding me !!!!!!!! These bikes this lifestylle is not for
> everyone .Most messengers are professional bike riders in there own right
> not only can these brave souls navigate cuty traffic at great risk, but
> perform manuevers on these gearless, brakeless rides that world champions
> cannot, For those in doubt take a ride with myself Zac, Sharky,Tad or any
> of
> the other couriers who also race and see if you recognize any destinctly,
> different yet, highly skillled contrast to conventional approach. Since
> the
> seventies I have been a part of this sub-culture and have at no point felt
> a
> couriers skills any different then world class cyclists. Evolution since
> those days is evident by the introduction of the courier world
> championships
> which I would challenge anyone who questions the skill level to compete.
> My
> final thought is that for those in doubt of a riders ability to skid the
> record is over 260 feet on dry pavement
>
>
>>From: "Malcolm, Gary"
>>To: "'obra@list.obra.org'"
>>Subject: Re: [OBRA Chat]Multnomah County Judge's Ruling: Fixed-gear
>>Bikes MustHave a Brake
>>Date: Fri, 28 Jul 2006 11:04:27 -0700
>>
>>Personally I think fixies SHOULD have brakes for street usage...but
>>REQUIRED? There are plenty of rules already... just ask your local
>>building
>>contractor.
>>
>>
>>Besides as Mr. Ginsberg pointed out in TFA : The law does not state a
>>difference between disc, clincher, or chain brakes and the Judge seems to
>>have completely forgotten that hands use muscles too. The funniest part
>>was
>>the judge/cop asking, "what if your legs were cramping?." I guarantee if
>>your legs stop working on a fixie you WILL come to a complete stop rather
>>quickly :)
>>
>>
>>Gary
>>
>>-----Original Message-----
>>From: GEORGE SCHRECK [mailto:gschreckchat@hughes.net]
>>Sent: July 28, 2006 11:00 AM
>>To: tokarev1@ix.netcom.com; obra@list.obra.org
>>Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>>MustHave a Brake
>>
>>
>>
>>1. I do not see why someone would be resistant to a brake. Although they
>>may be able to stop without one, there may be panic situations where a
>>brake
>>would be helpful. If it turns out that they never need it, I consider
>>that
>>good news for them.
>>
>>2. If we wish to have the rights as vehicles, we should comply with the
>>rules that apply to vehicles like functioning brakes and lights at night
>>(not ot mention obeying stop signs and traffic lights).
>>
>>----Original Message----
>>From: tokarev1@ix.netcom.com
>>Date: 07/28/2006 10:19 AM
>>To:
>>Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>>MustHave a Brake
>>
>>
>>
>>That was very interesting to read!
>>
>>I side with Mark and the messenger here and thought Mark's cross
>>examination
>>was great!
>>I believe that one can be completely safe on a brakeless fixie. I have
>>taken
>>a few rides
>>with Zac Kovalcik and am amazed by his ability on the brake free machine.
>>I
>>myself have
>>two brakes on my fixed gear bicycle. :)
>>
>>I predict that there will be tremendous resistance from the brakeless
>>crowd
>>about having
>>to put a brake on their ride. Even if they never have to use it it wont do
>>anything harmful
>>to their job or bike. I am afraid that the only harm will be to their
>>sense
>>of fashion and would
>>hate for all fixies, brakes or not, to be outlawed!!
>>
>>-Keith
>>
>>-----Original Message-----
>>From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
>>Behalf Of Curt Dewees
>>Sent: Friday, July 28, 2006 9:56 AM
>>To: obra@list.obra.org
>>Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>>MustHave a Brake
>>
>>
>>This account included blow-by-blow testimony from the judge, police
>>officer,
>>and the defendant's lawyer (some dude named Mark Ginsberg?
>>
>>http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/
>>
>>
>>
>>
>
>
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>


Luciano bailey

2006-07-30

You must be kidding me !!!!!!!! These bikes this lifestylle is not for
everyone .Most messengers are professional bike riders in there own right
not only can these brave souls navigate cuty traffic at great risk, but
perform manuevers on these gearless, brakeless rides that world champions
cannot, For those in doubt take a ride with myself Zac, Sharky,Tad or any of
the other couriers who also race and see if you recognize any destinctly,
different yet, highly skillled contrast to conventional approach. Since the
seventies I have been a part of this sub-culture and have at no point felt a
couriers skills any different then world class cyclists. Evolution since
those days is evident by the introduction of the courier world championships
which I would challenge anyone who questions the skill level to compete. My
final thought is that for those in doubt of a riders ability to skid the
record is over 260 feet on dry pavement

>From: "Malcolm, Gary"
>To: "'obra@list.obra.org'"
>Subject: Re: [OBRA Chat]Multnomah County Judge's Ruling: Fixed-gear
>Bikes MustHave a Brake
>Date: Fri, 28 Jul 2006 11:04:27 -0700
>
>Personally I think fixies SHOULD have brakes for street usage...but
>REQUIRED? There are plenty of rules already... just ask your local building
>contractor.
>
>
>Besides as Mr. Ginsberg pointed out in TFA : The law does not state a
>difference between disc, clincher, or chain brakes and the Judge seems to
>have completely forgotten that hands use muscles too. The funniest part was
>the judge/cop asking, "what if your legs were cramping?." I guarantee if
>your legs stop working on a fixie you WILL come to a complete stop rather
>quickly :)
>
>
>Gary
>
>-----Original Message-----
>From: GEORGE SCHRECK [mailto:gschreckchat@hughes.net]
>Sent: July 28, 2006 11:00 AM
>To: tokarev1@ix.netcom.com; obra@list.obra.org
>Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>MustHave a Brake
>
>
>
>1. I do not see why someone would be resistant to a brake. Although they
>may be able to stop without one, there may be panic situations where a
>brake
>would be helpful. If it turns out that they never need it, I consider that
>good news for them.
>
>2. If we wish to have the rights as vehicles, we should comply with the
>rules that apply to vehicles like functioning brakes and lights at night
>(not ot mention obeying stop signs and traffic lights).
>
>----Original Message----
>From: tokarev1@ix.netcom.com
>Date: 07/28/2006 10:19 AM
>To:
>Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>MustHave a Brake
>
>
>
>That was very interesting to read!
>
>I side with Mark and the messenger here and thought Mark's cross
>examination
>was great!
>I believe that one can be completely safe on a brakeless fixie. I have
>taken
>a few rides
>with Zac Kovalcik and am amazed by his ability on the brake free machine. I
>myself have
>two brakes on my fixed gear bicycle. :)
>
>I predict that there will be tremendous resistance from the brakeless crowd
>about having
>to put a brake on their ride. Even if they never have to use it it wont do
>anything harmful
>to their job or bike. I am afraid that the only harm will be to their sense
>of fashion and would
>hate for all fixies, brakes or not, to be outlawed!!
>
>-Keith
>
>-----Original Message-----
>From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
>Behalf Of Curt Dewees
>Sent: Friday, July 28, 2006 9:56 AM
>To: obra@list.obra.org
>Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
>MustHave a Brake
>
>
>This account included blow-by-blow testimony from the judge, police
>officer,
>and the defendant's lawyer (some dude named Mark Ginsberg?
>
>http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/
>
>
>
>

>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org


Mark J. Ginsberg

2006-07-28

yes and no, my road fixie was a road bike so it had brake levers etc, but my track bike for the velodrome has none.

and no, didn't use that example, b/c it isn't perfect, in terms of the technical definition of "bicycle"

Mark

Patrick wilder wrote: "the issue the judge and the cop wanted to talk about was the definition of brake"

Aaah such good lawyer stuff. Come on Mark what we all really want to know is, "Do YOU have a hand lever and caliper on your fixey?"

Seriously, did you use the tricycle example?

"Mark J. Ginsberg" wrote:
Well actually, as the trial lawyer, I did use the proper definition of brake.

Oregon law says look to the plain meaning, and if you are confused, look the the merriam webster, 3rd unabridged dictionary (really, PGE v. BOLI)

MW3 says "a device for slowing" there is more, but that was what we all cared about.

The judge was of the opinion that the "device" needed to be a "separate" device, not just the fixed gear itself. In my opinion the judge was adding words to the statute ORS 815.280(2)(a), that aren't there.

the word "separate" was not in the statute or the dictionary.

is a tricycle illegal in this judges opinion?

the other issue is the statute just says, i am paraphrasing here, "brake to make the wheel skid"

the cop never asked the client to make the wheel skid, cop just said "I see you don't have a hand lever and caliper, so here is your ticket" the evidence presented was clear that if asked the client would have, and could have, made the braked wheel skid (her back wheel)

the issue the judge and the cop wanted to talk about was the definition of brake.

We are currently reviewing the decision and may take this up to the oregon court of appeals.

The issue was not whether you dear reader would use a hand brake on your fixed gear bike, but was my client able to meet the statutpry requirements. Based on the facts I believe she was right, and the officer and the court were incorrect in their interpretation of the law.

I may be wrong, but I do not think so.

for more, keep reading Jon Maus at www.bikeportland.org

or the saturday oregonian, which I understand will also have a picture of my client and me.

Mark Ginsberg
Attorney to the cycling stars, and the cycling not stars too!

oregonyankee@comcast.net wrote: George has it right, I think - esp his second point.

The judge is bound by the law regardless of whether a fixie rider perceives she or he can stop safely. Mark's questioning was good and his client was well-served. The judge, though, has to rely on something if the term is not legally defined and he relied on the "common usage" of the term (brake). He even allowed that had the defendant used a stick to rub against the tire, there would have been a better case. We all know that a stick won't stop a bike - but his point was clear: "brake" has a meaning apart from legs and gears. (Indeed, to extend Mark's argument that the fixed gear itself was the brake could allow interpretation that a car has brakes because you can downshift. throw the gears into reverse or even drag your foot out the door.)

Peter



-------------- Original message --------------
From: GEORGE SCHRECK
1. I do not see why someone would be resistant to a brake. Although they may be able to stop without one, there may be panic situations where a brake would be helpful. If it turns out that they never need it, I consider that good news for them.
2. If we wish to have the rights as vehicles, we should comply with the rules that apply to vehicles like functioning brakes and lights at night (not ot mention obeying stop signs and traffic lights).

----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross examination was great!
I believe that one can be completely safe on a brakeless fixie. I have taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd about having
to put a brake on their ride. Even if they never have to use it it wont do anything harmful
to their job or bike. I am afraid that the only harm will be to their sense of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

This account included blow-by-blow testimony from the judge, police officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/

From: GEORGE SCHRECK
To: ,
Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake
Date: Fri, 28 Jul 2006 18:00:14 +0000

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com
---------------------------------
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Unsubscribe: obra-unsubscribe@list.obra.org

---------------------------------
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Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com

---------------------------------
Want to be your own boss? Learn how on Yahoo! Small Business.


Patrick wilder

2006-07-28

"the issue the judge and the cop wanted to talk about was the definition of brake"

Aaah such good lawyer stuff. Come on Mark what we all really want to know is, "Do YOU have a hand lever and caliper on your fixey?"

Seriously, did you use the tricycle example?

"Mark J. Ginsberg" wrote:
Well actually, as the trial lawyer, I did use the proper definition of brake.

Oregon law says look to the plain meaning, and if you are confused, look the the merriam webster, 3rd unabridged dictionary (really, PGE v. BOLI)

MW3 says "a device for slowing" there is more, but that was what we all cared about.

The judge was of the opinion that the "device" needed to be a "separate" device, not just the fixed gear itself. In my opinion the judge was adding words to the statute ORS 815.280(2)(a), that aren't there.

the word "separate" was not in the statute or the dictionary.

is a tricycle illegal in this judges opinion?

the other issue is the statute just says, i am paraphrasing here, "brake to make the wheel skid"

the cop never asked the client to make the wheel skid, cop just said "I see you don't have a hand lever and caliper, so here is your ticket" the evidence presented was clear that if asked the client would have, and could have, made the braked wheel skid (her back wheel)

the issue the judge and the cop wanted to talk about was the definition of brake.

We are currently reviewing the decision and may take this up to the oregon court of appeals.

The issue was not whether you dear reader would use a hand brake on your fixed gear bike, but was my client able to meet the statutpry requirements. Based on the facts I believe she was right, and the officer and the court were incorrect in their interpretation of the law.

I may be wrong, but I do not think so.

for more, keep reading Jon Maus at www.bikeportland.org

or the saturday oregonian, which I understand will also have a picture of my client and me.

Mark Ginsberg
Attorney to the cycling stars, and the cycling not stars too!

oregonyankee@comcast.net wrote: George has it right, I think - esp his second point.

The judge is bound by the law regardless of whether a fixie rider perceives she or he can stop safely. Mark's questioning was good and his client was well-served. The judge, though, has to rely on something if the term is not legally defined and he relied on the "common usage" of the term (brake). He even allowed that had the defendant used a stick to rub against the tire, there would have been a better case. We all know that a stick won't stop a bike - but his point was clear: "brake" has a meaning apart from legs and gears. (Indeed, to extend Mark's argument that the fixed gear itself was the brake could allow interpretation that a car has brakes because you can downshift. throw the gears into reverse or even drag your foot out the door.)

Peter



-------------- Original message --------------
From: GEORGE SCHRECK
1. I do not see why someone would be resistant to a brake. Although they may be able to stop without one, there may be panic situations where a brake would be helpful. If it turns out that they never need it, I consider that good news for them.
2. If we wish to have the rights as vehicles, we should comply with the rules that apply to vehicles like functioning brakes and lights at night (not ot mention obeying stop signs and traffic lights).

----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross examination was great!
I believe that one can be completely safe on a brakeless fixie. I have taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd about having
to put a brake on their ride. Even if they never have to use it it wont do anything harmful
to their job or bike. I am afraid that the only harm will be to their sense of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

This account included blow-by-blow testimony from the judge, police officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/

From: GEORGE SCHRECK
To: ,
Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake
Date: Fri, 28 Jul 2006 18:00:14 +0000

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com
---------------------------------
Want to be your own boss? Learn how on Yahoo! Small Business. _______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


---------------------------------
Want to be your own boss? Learn how on Yahoo! Small Business.


Mark J. Ginsberg

2006-07-28

Well actually, as the trial lawyer, I did use the proper definition of brake.

Oregon law says look to the plain meaning, and if you are confused, look the the merriam webster, 3rd unabridged dictionary (really, PGE v. BOLI)

MW3 says "a device for slowing" there is more, but that was what we all cared about.

The judge was of the opinion that the "device" needed to be a "separate" device, not just the fixed gear itself. In my opinion the judge was adding words to the statute ORS 815.280(2)(a), that aren't there.

the word "separate" was not in the statute or the dictionary.

is a tricycle illegal in this judges opinion?

the other issue is the statute just says, i am paraphrasing here, "brake to make the wheel skid"

the cop never asked the client to make the wheel skid, cop just said "I see you don't have a hand lever and caliper, so here is your ticket" the evidence presented was clear that if asked the client would have, and could have, made the braked wheel skid (her back wheel)

the issue the judge and the cop wanted to talk about was the definition of brake.

We are currently reviewing the decision and may take this up to the oregon court of appeals.

The issue was not whether you dear reader would use a hand brake on your fixed gear bike, but was my client able to meet the statutpry requirements. Based on the facts I believe she was right, and the officer and the court were incorrect in their interpretation of the law.

I may be wrong, but I do not think so.

for more, keep reading Jon Maus at www.bikeportland.org

or the saturday oregonian, which I understand will also have a picture of my client and me.

Mark Ginsberg
Attorney to the cycling stars, and the cycling not stars too!



oregonyankee@comcast.net wrote: George has it right, I think - esp his second point.

The judge is bound by the law regardless of whether a fixie rider perceives she or he can stop safely. Mark's questioning was good and his client was well-served. The judge, though, has to rely on something if the term is not legally defined and he relied on the "common usage" of the term (brake). He even allowed that had the defendant used a stick to rub against the tire, there would have been a better case. We all know that a stick won't stop a bike - but his point was clear: "brake" has a meaning apart from legs and gears. (Indeed, to extend Mark's argument that the fixed gear itself was the brake could allow interpretation that a car has brakes because you can downshift. throw the gears into reverse or even drag your foot out the door.)

Peter



-------------- Original message --------------
From: GEORGE SCHRECK
1. I do not see why someone would be resistant to a brake. Although they may be able to stop without one, there may be panic situations where a brake would be helpful. If it turns out that they never need it, I consider that good news for them.
2. If we wish to have the rights as vehicles, we should comply with the rules that apply to vehicles like functioning brakes and lights at night (not ot mention obeying stop signs and traffic lights).

----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross examination was great!
I believe that one can be completely safe on a brakeless fixie. I have taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd about having
to put a brake on their ride. Even if they never have to use it it wont do anything harmful
to their job or bike. I am afraid that the only harm will be to their sense of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

This account included blow-by-blow testimony from the judge, police officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/

From: GEORGE SCHRECK
To: ,
Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake
Date: Fri, 28 Jul 2006 18:00:14 +0000

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com

---------------------------------
Want to be your own boss? Learn how on Yahoo! Small Business.


oregonyankee@comcast.net

2006-07-28

George has it right, I think - esp his second point.

The judge is bound by the law regardless of whether a fixie rider perceives she or he can stop safely. Mark's questioning was good and his client was well-served. The judge, though, has to rely on something if the term is not legally defined and he relied on the "common usage" of the term (brake). He even allowed that had the defendant used a stick to rub against the tire, there would have been a better case. We all know that a stick won't stop a bike - but his point was clear: "brake" has a meaning apart from legs and gears. (Indeed, to extend Mark's argument that the fixed gear itself was the brake could allow interpretation that a car has brakes because you can downshift. throw the gears into reverse or even drag your foot out the door.)

Peter

-------------- Original message --------------
From: GEORGE SCHRECK

1. I do not see why someone would be resistant to a brake. Although they may be able to stop without one, there may be panic situations where a brake would be helpful. If it turns out that they never need it, I consider that good news for them.
2. If we wish to have the rights as vehicles, we should comply with the rules that apply to vehicles like functioning brakes and lights at night (not ot mention obeying stop signs and traffic lights).

----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross examination was great!
I believe that one can be completely safe on a brakeless fixie. I have taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd about having
to put a brake on their ride. Even if they never have to use it it wont do anything harmful
to their job or bike. I am afraid that the only harm will be to their sense of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith
-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

This account included blow-by-blow testimony from the judge, police officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/


andrew.holmes@farmersinsurance.com

2006-07-28

what about BMX bikes where you pedal backwards?????? old skool???

remember this was a minor ruling in traffic court not precedent setting so
no change to the law or official ruling applies here

not an attorney but do deal with them......

Drew Holmes


GEORGE SCHRECK
,
hes.net> cc:
Sent by: Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
obra-bounces@list MustHave a Brake
.obra.org


07/28/2006 10:59
AM
Please respond to
GEORGE SCHRECK

1. I do not see why someone would be resistant to a brake. Although they
may be able to stop without one, there may be panic situations where a
brake would be helpful. If it turns out that they never need it, I
consider that good news for them.

2. If we wish to have the rights as vehicles, we should comply with the
rules that apply to vehicles like functioning brakes and lights at night
(not ot mention obeying stop signs and traffic lights).

----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
MustHave a Brake

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross
examination was great!
I believe that one can be completely safe on a brakeless fixie. I have
taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I
myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd
about having
to put a brake on their ride. Even if they never have to use it it wont do
anything harmful
to their job or bike. I am afraid that the only harm will be to their sense
of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith
-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]
On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear
Bikes MustHave a Brake

This account included blow-by-blow testimony from the judge, police
officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


GEORGE SCHRECK

2006-07-28

1. I do not see why someone would be resistant to a brake. Although they may be able to stop without one, there may be panic situations where a brake would be helpful. If it turns out that they never need it, I consider that good news for them.

2. If we wish to have the rights as vehicles, we should comply with the rules that apply to vehicles like functioning brakes and lights at night (not ot mention obeying stop signs and traffic lights).

----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross examination was great!
I believe that one can be completely safe on a brakeless fixie. I have taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd about having
to put a brake on their ride. Even if they never have to use it it wont do anything harmful
to their job or bike. I am afraid that the only harm will be to their sense of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake

This account included blow-by-blow testimony from the judge, police officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/


Keith A. Prior

2006-07-28

That was very interesting to read!

I side with Mark and the messenger here and thought Mark's cross examination
was great!
I believe that one can be completely safe on a brakeless fixie. I have taken
a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I
myself have
two brakes on my fixed gear bicycle. :)

I predict that there will be tremendous resistance from the brakeless crowd
about having
to put a brake on their ride. Even if they never have to use it it wont do
anything harmful
to their job or bike. I am afraid that the only harm will be to their sense
of fashion and would
hate for all fixies, brakes or not, to be outlawed!!

-Keith
-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes
MustHave a Brake

This account included blow-by-blow testimony from the judge, police
officer, and the defendant's lawyer (some dude named Mark Ginsberg?

http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/