"Let's see if the DOJ can rain in Superintendent Craig Sap and his order banning e-bikes. Here is what it said,

Superintendent Craig Sap issued Superintendent Order# 915-17-002 on 9-13-17 effective Oct 1, 2017. This order was not in the spirit of AB1096 which was signed into law by Governor Brown and became law on Jan. 1, 2016. Reasons for issuing the order that were cited in the order are nonsensical and without merit. The order is highly discriminatory against 1/3rd of the population that is over 50 and requires or desires the use of low power pedal assist bikes to be able to ride a bike as defined in both CA AB1096 and Public Law 107-319. What the Superintendent did was create an “underground regulation”, because He did not follow the public notice and comment process required of all regulations (required by the Administrative Procedures Act). We respectfully request that you force him to rescind his order which is intimidating and discriminating against older citizens requiring or desiring the use of low power pedal assist bike to use the public bike trails in the park.

ADA violation - To Add insult to injury, Superintendent Craig Sap has failed to follow ADA law as outlined in a Sept. 15 2010 DOJ rule that went into effect on March 15 2011 relating to the use of OPDMDs to be used by individuals with mobility disabilities. Under § 35.137 Mobility Devices it is stated that these devices can only be denied access for legitimate safety concerns. Superintendent Craig Sap has denied all disabled persons requesting access to the park with an OPDMD class 1 or 2 low power pedal assist bike. "The reason the Department is not allowing the use of e-bikes as an OPDMD in the Angeles District is due to the fact that allowing them poses a conflict with Federal land management laws and regulations that currently ban the use of e-bikes in this region."

Class 1 and 2 low power pedal assist bikes meet the DOJ rule for an OPDMD "Inline wheel device: A two-wheeled mobility device where the wheel direction of travel are aligned in the same plane." A State Parks "Departmental Notice 2011-02" dated March 17, 2011 was issued a mere 2 days after the DOJ rule went into effect. Said document appears to be unreasonable and without required justification for stricter than ADA requirements for OPDMD devices. Accordingly those wishing to access the park bike trails with a class 1 or 2 low power pedal assist bike they are told by the Superintendent to apply to the accessibility unit with an "OPDMD DEVIATIONS REQUEST INFORMATION INTAKE FORM" Which Mr. Commans and others did being given hope only to be denied for the reason stated. Although it is true that NPS does not recognize low power pedal assist bikes as anything but motorized vehicles, this property is not under NPS jurisdiction. NPS has adjacent property, there's no conflicts w/Federal law, bounders can be marked. There is a cooperative management agreement between NPS and Angeles district park that appears allow funds to flow from NPS to the State for projects if requested. It appears that Superintendent David Szymnski is dictating NPS policy to Angeles District Parks. AB1096 and said DOJ 2011 Rule should dictate CA State Park policy not the NPS. There is no way that the state made the accommodations for said DOJ rule in 2 days. On the other hand OC Parks on July 17 2018 did.

Although Superintendent Craig Sap refers those that request access under the DOJ rule to California State Parks, Jason Stora | Accessibility Specialist (916) 653-4189 M-W (916) 445-8806 Th, F Jason Stora eventually denies access for the cited reason (not based on safety) and refers any questions back to Superintendent Craig Sap. It appears to be a conspiracy to put up barriers to access for disabled at all costs. Frankly we question whether the Superintendent has the legal authority to issue his Order. Given more space on your form I could justify that statement. In the mean time I have 3300 signatures on a letter requesting the order be rescinded and evidence to back up my statements here. Please contact me for more information." (End of the statement in the complaint).

So you know 

3300 support this petition to rescind the ban on E-bikes in Angeles District Parks and now OC Parks. Thank you all for signing the petition. Only 700 of you have joined and support The Electric Mountain Bike Association.  If you have not yet done so you know who you are. Please take the next step and join and support the Electric Mountain Bike Association.  We need your help. For those of you who have or do, you will receive the maximum support and information from us on this issue and you will be supporting a very important cause. We are now battling this access problem on two fronts. Angeles District Parks and OC Parks. We are in the process of setting up a meeting with our OC County Supervisors and her Parks policy adviser since the Director of OC parks has failed to return my calls or e-mails. We will keep you informed on our progress and thanks again for your time and generous support on this issue.   

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