Council opts to keep cyclist harassment law in place

Harassing cyclists could result in up to one year in jail plus fines.

By Will Guldin

Published Aug. 25, 2009

After hearing pleas from local cyclists, City Council decided last Monday to keep in place an ordinance that makes harassment against them punishable with jail time.

This development is the newest in a summer that has seen the council take action to further Columbia's reputation as a cyclist-friendly town.

Mayor Darwin Hindman said enacting this ordinance has many benefits for the city and its population.

"Bicycling is a very important thing for Columbia," Hindman said. "We are on the cutting edge. We're setting a national example."

The ordinance, which was originally passed on June 15, makes it a Class A misdemeanor, punishable with a $1,000 fine and up to one year in jail, to throw an object at a cyclist, or to threaten or frighten them. Making a cyclist feel as if they are in immediate physical danger also violates the new law.

PedNet Coalition, a cyclist advocacy group in Columbia, represents about 7,000 cyclists.

PedNet Coalition Education Coordinator Robert Johnson said the idea for the anti-harassment ordinance began when he, and police officers he works with, was trying to think of ways to encourage officers to follow up on issues of reported harassment.

Johnson said the charge of third degree assault, which covers some of the violations now under the harassment ordinance, was difficult for many officers to enforce. After hearing about a similar state law in South Carolina, he approached Sixth Ward Councilwoman Barbara Hoppe about implementing the ordinance. After meeting with city attorneys, Johnson said the ordinance was crafted and the council voted on and approved the measure.

A month after the ordinance was originally passed, some members of the council began to have second thoughts. Fourth Ward Councilman Jerry Wade said the ordinance was passed too quickly.

During the last meeting, the council voted on whether to suspend the ordinance for another six months while a task force, assembled by City Manager Bill Watkins, examines the best way to implement the new law.

During last Monday's council meeting, Watkins said the task force would have a report completed in four to six weeks.

By a decision of 4-2 the council voted against the measure. Wade, who voted in favor of suspending the ordinance, said more discussion is needed to bridge the divide between some motorists and cyclists.

"There are a lot more drivers than anyone fully understands who are concerned and upset at those bikers, those cyclists, who violate traffic laws, who do not stay within the rules of the road," Wade said.

Raymond Sapp, Columbia Bicycle Club Race Team president, said though he can't see an immediate effect from the ordinance, it has helped bring attention to the subject of cyclist harassment.

"Its put it out in the open," Sapp said. "It used to be accepted that you ride at your own risk."