Last night we presented our petition to the OC Parks Board of Supervisors. We also made the following public comments to the Board.

Steve Spiro, the Director of the Electric Mountain Bike Association Oct. 3, 2019 public comment made at the OC Parks Supervisors meeting.

Hello I am Steve Spiro the Executive Director of the Electric Mountain Bike Association. I have brought to you today a petition signed by over 3800 supporters asking you to allow low power assist e-bikes on natural surface OC Parks bike trails.

I’ve Included Copies of,

Department of Interior Order 3376 dated Aug 29, 2019,

Department of Interior Policy Memorandum 19-01 dated Aug 30, 2019,

Federal Public Law 107-319 dated Dec. 4, 2002 and

California state Law AB1096 dated Jan 1 2016.

I’ve highlighted the important passages.

Both State and Federal law now classify low power assist bikes just as bikes. We are asking OC Parks to do the same.

I have included hundreds of written statements as to why people have signed this petition.

I would be happy to provide additional information and can arrange demo rides upon request.

Per the Department of the interior’s Aug 28, 2019 order,
“Bicycling is an excellent way for visitors to Parks to experience America’s rich natural heritage.”

“A relatively recent addition to the design of some bicycles is a small electric motor.”

“E-bikes are virtually indistinguishable from other types of bicycles."

Low power assist class one and two e-bikes travel at the same speed and have the same environmental impact on the trails as regular bikes.

Inclusivity:
“Reducing the physical demand to operate a bicycle has expanded access to recreational opportunities, particularly to those with limitations stemming from age, illness, disability or fitness.”

Health benefits derived from low power assist e-bikes are life changing.

The Secretary of the Interior’s Order 3376 section 4 item b states “E-bikes shall be allowed where other types of bicycles are allowed.” OC Parks is now out of sync with both State and Federal law.

We respectfully request that you recommend to the OC board of Supervisors that Orange County Codified Ordinance (OCCO) 2-5-29  (n) banning Class 1 and 2 low power assist e-bikes be amended to allow them.

We would be happy to provide an initial draft of the proposed wording changes to the Ordinance.

Thank you.

I Also answered some questions for them. In general the OC Parks Board of Supervisors was receptive. But we were shut down by Stacy Blackwell the Director of OC Parks who was running the meeting.

The Board asked Stacy to find out what the e-bike policy was for other county parks. She said she would. I was able to state that most other state parks have not banned them and that AB1096 provided access to bike trails and paths unless banned by ordinances. And OC Parks did this in 2017.
Stacy admitted that most parks have not taken a position but she would get the board that info.

Stacy informed the board that there was no action they can take at this meeting. I did not notice that this was put on the agenda for the next meeting which should have been our goal. Stacy told the board that the ADA exception was not clear and was in conflict. The ADA exception is a DOJ 2011 rule and black and white to me. I get the impression that OC Parks from Stacy Blackwell OC Parks Director down resent DOJ rule 2011 for ADA access by mobility devices. At any rate she raised a reason why they are not allowing access in addition to defending the reason "they have always been banned". Which is not true because as of 1-1-2016 Class 1 and 2 low power assist e-bikes in CA were declared to not be motorized vehicles by AB 1096 and to have access to bike trails and paths. So OC Parks started to put up special no access signs targeting class one and two e-bikes upon passing revised ordinances 2-5-29(n) in July 2018. Her newly reveled (to me and the board ) reason was that the property they manage has deed easements that do not allow motorized vehicles. (We will be requesting copies of those agreements under a FOIA request). She claims that defining Class one and two e-bikes as non-motorized vehicles is not an accepted definition. Interesting because the state and federal government have now made this distinction Federal Public Law 107-319, .Department of Interior Order 3376 and California state Law AB1096

What was most disturbing in a follow up private conversation after the meeting Stacy Blackwell told me that maybe parts of the park would have to be banned to all bikes and cited other parks that have done this.

I am not sure how our public employees can justify threatening to or actually reducing public access because they don't like the law that promotes inclusivity but that statement hit a cord with me. I pointed out that the public will have the final say as we have a number of elected officials. And that soon half of all bikes made will have elect assist as the population is aging and they provide increased access. And being on the wrong side of that building waive would not be good.

I asked her if she has ever ridden one and she said no. I offered to arrange a demo ride for her and told her that after trying one she might become an advocate.

Right now she is in close contact with Fish and Game who seems to be guiding her. Fish and Game is subject to the Department of the Interior's order. The Department of the Interior order required Fish and Game to develop new guidelines within 30 days that would treat e-bikes as bikes. She is waiting to see what they do and what they tell her.

We have much work left to do. Please support and join the https://electricmountainbikeassociation.org We need your help to be your voice and continue to fight for your right to ride! 

On a brighter note, I talked privately with one of the board members after the meeting and in response to our 2+" thick packages that we provided each board members he was supportive and said they have a lot of studying to do. So we are making progress.