| 2010 Sheriffs Nominations |
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David Boerner wrote this article for YGR back in July. Please reread it before the upcoming elections and get out to vote. By David Boerner I’m going to say a phrase, and I want you to say the first thing that pops into your head: “Sheriff Alderden.” OK, maybe you shouldn’t say your answer out loud. What pops into my head is, “lame duck.” It’s true! Our beloved Larimer County Sheriff is term-limited. After the November elections, there will be a new sheriff in Larimer County. If you’re a registered Democrat or a registered Republican in Larimer County, you probably know that the primaries are upon us. You have the chance to decide which candidate from your party is on that ballot in November. And as a cyclist, you might want to carefully consider which candidate you vote for. Your choice may affect whether or not your next group ride gets pulled over and ticketed – or left alone. Your choice may make all the difference when the sheriff’s department chooses to interpret Colorado Statute 42-4-1412 as “cyclists must ride single file if any cars are present” or “unless they’re bringing traffic to a grinding halt, cyclists can always ride side-by-side.” Jay Harrison and Al Ohms are running for the Democratic nomination. Carl Bruning and Justin Smith are running for the Republican nomination. I had the opportunity to ask all of these candidates some questions about their views on cyclists in Larimer County. Based on their answers, I’ve made my own personal endorsements. These endorsements are based entirely on the answers to my questions. The unedited questions and answers will follow this article. Democratic Endorsement: Jay Harrison
Based on the answers to my questions, Jay Harrison is clearly the best Democratic candidate for cyclists in Larimer County. Asked if the candidate supports “group rides” taking place on Larimer County roads, Mr. Harrison said, I am NOT opposed to group riding, whether on bicycles, motorcycles or groups of any kind. We all have the right to travel together safely and by any means of transportation, as long as we are obeying the laws. Al Ohms answered the same question “are you opposed to group rides?” YES. I’ve seen it and it causes people to get angry and can cause traffic congestion. To me, this answer shows a profound lack of respect for cyclists, competitive or otherwise. Cyclists have as much of a right to be on the road as drivers – legally and ethically. So when someone immediately cites “traffic congestion” (for cars) as their big concern - operating on the assumption that drivers have more right to travel on Larimer County roadways, I get mad – mad enough to publicly oppose them. As you can read for yourself in Mr. Ohms’ responses, he does not sound very sympathetic of cyclists. The choice is clear for the Larimer County cyclists: Jay Harrison for Sheriff.
Republican Endorsement: You’ll Have to Decide For Yourself
If you’re a registered Republican, you’ll have to read Carl Bruning’s and Justin Smith’s responses yourself and make a decision. But the good news is that both candidates had excellent things to say about cyclists in Larimer County. Justin Smith stressed that he is himself a cyclist (as is his wife, who recently completed her first century). He acknowledged that riding two-abreast is fine in many cases. He said of group rides, I have no objection to group rides, but I have witnessed groups that develop a pack mentality and then begin to disregard not only general rules of courtesy, but also the traffic laws. That creates a concern for me. (not that any of us have ever been involved in a wild, lawless group ride….) In a follow-up email, Mr. Smith even challenged other candidates to “ride the ride.” On a personal note, I thoroughly enjoyed my commute from Estes Park to Fort Collins on bike to work day a few weeks ago. I noticed things in the Big T Canyon that I hadn't seen in my last 7 years of commuting. I realize that I am certainly not up to the endurance level of your fellow riders, but I would challenge any and all of my opponents in this race to walk the walk (or ride the ride, as it were) and join me in a 50 mile Sheriff's Race Ride around the county! Would you be interested in "sponsoring" such a ride? It might be something to keep in mind before the general election, if Smith gets the Republican nod.
Carl Bruning made no such claims about his ability on a bike, but he did exhibit the most sophisticated understanding of Colorado Statute 42-4-1412 of all the candidates. When asked is cyclists should ride single-file at all times, Bruning said, No. The Colorado statutes state that “Persons operating bicycles on roadways shall ride single file; except that riding no more than two abreast is permitted when riding two abreast will not impede the normal and reasonable movement of traffic.” Sheriff Alderden said his office interprets the rules to mean that cyclists must move into single file if a vehicle is approaching from behind, and riding two abreast “could” impede the flow of traffic. “If you ride double file, we’re going to give you a ticket,” Alderden said. Senator Greg Brophy wrote the two abreast statute and shared with the Sheriff this interpretation was his intent. We believe Colorado Statute gives bicyclists the ability to ride two abreast as long as bicyclists are not impeding the normal and reasonable movement of traffic. I agree with Senator Brophy here, and will support the statute. Mr. Bruning also said he supports group rides as long as they’re in compliance with statute 42-4-1412. I like what I’m hearing from Bruning. He clearly intends to do his job as an elected official. Mr. Smith is a cyclist and that’s great. Having a cyclist for Sheriff might help us out considerably. Then again, Mr. Smith is endorsed by none other than Sheriff Alderden. And for all off Smith’s grandstanding to me about his love of cycling, he certainly doesn’t include any of it on his website (he does talk a lot about guns, though!). It’s your call, Republicans.
Remember: our rights on the road as cyclists are important, but there are other things going on in the county. Check out the candidates’ websites to find out their stances on other issues (like guns!).
Carl Bruning (R): http://carlbruning.com/ Jay Harrison (D): http://www.jayharrisonforsheriff.com/ Al Ohms (D): http://www.ohmsforsheriff.com/ Justin Smith (R): http://justinsmithforsheriff.com/
Here are my interviews with the Republican and Democratic candidates. The order gives preference to those who answered the questions directly, then ordered alphabetically.
Carl Bruning (R)
-What are the current traffic and enforcement problems concerning cyclists in Larimer County?
CB: As we recently saw with the Fort Collins bicyclist who was hit by a car Sunday afternoon while crossing Drake Road, we need to do more to ensure the safety of cyclists here. The Sheriff has publicly stated his officers will be taking extra weekend patrols for traffic enforcement on roads near Carter Lake and Horsetooth Reservoir this summer. Their goal is to cite unsafe and illegal behavior by motorized and non-motorized users.
What can/will you do to ameliorate these problems? CB: I believe that education is key to ameliorating many of these problems. I support bikers who follow the rules of the road, and support “Bicycle Colorado” in posting the state statutes and safe riding tips online. Also, the Sheriff is responsible for leading his organization and setting the proper tone for the enforcement of the laws for everyone.
Should cyclists face harsher enforcement and penalties for violating traffic laws?
CB: No.
Should drivers face harsher penalties and enforcement for endangering cyclists?
CB: Maybe.
Are things ok the way they are already?
CB: No. I have talked to many cyclist friends, and this is an area that needs to be worked on. I believe the Sheriff’s Office could be doing more to educate our citizens about the laws, and working with cyclists in this regard.
There are many cyclists in Larimer County (for what it’s worth, most of them also drive). Why should they vote for you?
CB: I support the Constitution, the rule of law, and will protect citizen’s rights. As Sheriff, I will be elected by the people, and will do my best to fairly enforce the laws of our land. I also believe in being an “Officer of the Peace”, and not aggressive law enforcement.
Are you a cyclist, or are you friends with cyclists who use Larimer County’s roads?
CB: I am not a cyclist, but enjoy riding my bike to the gym and library. My neighbor is an avid cyclist, and I have several friends who enjoy cycling along Larimer County roads.
These next questions are motivated by specific incidents during Sheriff Alderden's term - incidents that put a VERY bad taste in the mouths of cyclists in Larimer County.
Do you appreciate cyclists riding up from Boulder County to use our roadways?
CB: Yes
Should cyclists ride single-file at all times while on Larimer County roadways?
CB: No. The Colorado statutes state that “Persons operating bicycles on roadways shall ride single file; except that riding no more than two abreast is permitted when riding two abreast will not impede the normal and reasonable movement of traffic.” Sheriff Alderden said his office interprets the rules to mean that cyclists must move into single file if a vehicle is approaching from behind, and riding two abreast “could” impede the flow of traffic. “If you ride double file, we’re going to give you a ticket,” Alderden said.
Senator Greg Brophy wrote the two abreast statute and shared with the Sheriff this interpretation was his intent. We believe Colorado Statute gives bicyclists the ability to ride two abreast as long as bicyclists are not impeding the normal and reasonable movement of traffic. I agree with Senator Brophy here, and will support the statute.
Are you opposed to “group rides*?” *a group ride is a ride consisting of many riders, usually in a double-paceline formation, using a variety of hand and vocal communications to keep the group organized and safe. They’re a great training tool for competitive cyclists and have been happening for years in Larimer County. They require more road space than a single rider, but not MUCH more. It’s actually an extremely efficient use of a road for so many people (as opposed to a single person driving a truck that takes up the same amount of space as ten cyclists).
CB: No, as long as the group riders are in compliance with Colorado Statute 42-4-1412.
As we’ve seen during Sheriff Alderden's term, interpretation of laws can have a dramatic effect on enforcement. Do you believe that the laws for cyclists are clear or is there some wiggle-room? If there is room for interpretation, would you be more inclined to cite cyclists for violations of laws or just "let it go?" Why? (no pressure here, if you'd prefer not to answer the second part)
CB: I agree that the interpretation of laws can have a major effect on enforcement. I don’t personally believe in “aggressive law enforcement,” and will support the rights of our citizens in any “grey area”. And, I personally believe that law enforcement has a responsibility to cite both motorists and bicyclists who are breaking the law.
Wow, that's quite a barrage of questions about an issue that some of you may not have thought much about. I can assure you, however, that myself and those reading about your responses do think about this issue very frequently as we enjoy Larimer County's beautiful roadways by bicycle (meanwhile trying to stay alive).
CB: Thank you David. I would welcome the opportunity to meet and discuss these issues in detail soon. Best regards, Carl Bruning (www.carlbruning.com)
Alan Ohms (D)
-What are the current traffic and enforcement problems concerning cyclists in Larimer County? AO: The biggest issue that I see every day is the non-compliance with the traffic code by bicyclists. The bike riders very often disobey the traffic code and then have issues with motor vehicles when they’re involved in a collision. It doesn’t make sense to me to be riding the smallest vehicle on the road and to challenge your right of way with a car or truck. The bike loses every time. If everyone ( cars included) obeys the traffic code the number of collisions, fatalities, and injuries would be reduced dramatically. For instance, On my way home yesterday a bike rider, wearing the bike rider clothing, helmet, etc. went through the red light at Horsetooth and Tafthill, rode wide into my lane while making a right turn and continued south bound in the traffic lane. That’s a violation and a dangerous one at that. On the way to a meeting I observed a bike rider go through the red light at an intersection without stopping crossing in front of traffic. Bike riders do not follow the traffic code but they expect vehicle operators to respect their right to share the road. I watch out for bike riders. Some times the bikes make driving a little more difficult but I can share the road. Part of getting older is that you soften up a bit. Riding single file is the safest way to ride but why do so many riders ride the white line even when they have a three-foot bike lane to ride in? There is a certain amount of responsibility on the part of the bike rider. You are probably thinking that I’m against the bike riders. That’s not it at all. I think we can share the road but that means everyone shares, not just the motor vehicle operators giving up their right to the road. -What can/will you do to ameliorate these problems? AO: Education. Most bike riders are educated people but they refuse to obey the traffic laws. Issue more warnings to bike riders when a violation is observed. Education for the motor vehicle operators is also important. public service announcements on the radio and in the new papers may be a start. -Should cyclists face harsher enforcement and penalties for violating traffic laws? Should drivers face harsher penalties and enforcement for endangering cyclists? Are things ok the way they are already? AO: Bike riders should be cited for serious violations. Failing to stop for a stop sign or red light may not seem serious but it is serious if they get hit by a car. Car drivers face a heavy fine for violating the space of a bike rider on the road. The bike rider should make an attempt to avoid collisions as well. It’s a case by case decision for the officer. Driving and riding on the road is serious business, although, fun to do. When either rider or driver starts to establish bad habits they are more likely to be involved in a collision. -There are many cyclists in Larimer County (for what it’s worth, most of them also drive). Why should they vote for you? AO: Because I’m not going to put a bounty on the heads of cyclists. They have a right to ride and they will be treated fairly and each case will be made with facts in mind not prejudice. -Are you a cyclist, or are you friends with cyclists who use Larimer County’s roads? AO: I don’t ride on the road any more. I have in the past. I went through the IPMBA (International Police Mountain Bike Association ) course and I’m probably the only candidate who has done that. I rode at events, bike trails, the county fair and similar events. I enjoyed it and it has advantages over a car in some situations. I finished second in my class being outdone by a person half my age by 2 seconds on the course. I know people who road ride quite often and hear about the close calls they have with cars. These next questions are motivated by specific incidents during Sheriff Alderden's term - incidents that put a VERY bad taste in the mouths of cyclists in Larimer County. -Do you appreciate cyclists riding up from Boulder County to use our roadways? AO: It doesn’t matter who rides where. -Should cyclists ride single-file at all times while on Larimer County roadways? AO: That would be the safest way to ride, but I know it doesn’t always happen that way. If it interferes with the traffic flow they should ride single file. -Are you opposed to “group rides*?” *a group ride is a ride consisting of many riders, usually in a double-paceline formation, using a variety of hand and vocal communications to keep the group organized and safe. They’re a great training tool for competitive cyclists and have been happening for years in Larimer County. They require more road space than a single rider, but not MUCH more. It’s actually an extremely efficient use of a road for so many people (as opposed to a single person driving a truck that takes up the same amount of space as ten cyclists). AO: YES. I’ve seen it and it causes people to get angry and can cause traffic congestion. -As we’ve seen during Sheriff Alderden's term, interpretation of laws can have a dramatic effect on enforcement. Do you believe that the laws for cyclists are clear or is there some wiggle-room? If there is room for interpretation, would you be more inclined to cite cyclists for violations of laws or just "let it go?" Why? (no pressure here, if you'd prefer not to answer the second part) AO: I’ve written bike riders tickets but have probably given more warnings than anything else. My favorite is the kids riding double (one on the handle bars) in Loveland. ( different than the riders you’re talking about) They went through a red light, against traffic, almost got hit and were mad because I gave the kid a ticket. They (parents) complained and I had to explain to my Capt. why I gave the ticket. It was to make sure he doesn’t do that again and maybe he can live long enough to graduate from high school. Most laws are open for interpretation. It’s a matter of who’s on the ticket end and who’s writing the ticket. That’s why we have courts and judges. I’m a way different person than Alderden, that’s why I’m running for sheriff. Things need to be changed. -Wow, that's quite a barrage of questions about an issue that some of you may not have thought much about. I can assure you, however, that myself and those reading about your responses do think about this issue very frequently as we enjoy Larimer County's beautiful roadways by bicycle (meanwhile trying to stay alive). AO: Be safe and obey the traffic laws. Thanks for the opportunity to express my opinion and answer the questions.
Jay Harrison (D)
JH: Mr. Boerner,
Thank you for taking the time to look at my website and ask these questions.
I know in the past the Sheriffs' Office has received complaints of bicyclist riding 3, 4, and 5 abreast in large groups causing traffic congestion.
My stand is for public safety. We will not target certain groups, nor will we favor certain groups. My hope is everyone that uses the roadways in Larimer County will be courteous and use common sense.
As for your question "Should cyclists face harsher enforcement and penalties for violations." As you know, the state of Colorado sets the fines and penalties. As for harsher enforcement, I will not tolerate bias of any kind. We will enforce the laws fairly and justly. Our purpose is to gain compliance by using as little enforcement as possible.
Why voters should vote for me? I will be a true representative of the people of Larimer County. I will be accountable to the people. I will bring responsible leadership back to the Sheriffs' Office. I will not be promoting my own agenda and interests. I am committed to serving the people of Larimer County. I will bring back HONOR and INTEGRITY to the Sheriffs' Office.
I do cycle, mostly mountain biking and I do have friends that cycle on our roadways. I invite all activity groups to come to Larimer County. It helps our economy and relations with surrounding counties.
Again, all people using our roadways should exercise courtesy. I would expect in some areas, such as Highway 34 between Loveland and Estes Park, it would be dangerous not to ride single file. I would also think it would be courteous for cyclist that are not riding single file, to give way to motorist that would like to pass. When road and traffic permit, riding more than single file may not be an issue. I am NOT opposed to group riding, whether on bicycles, motorcycles or groups of any kind. We all have the right to travel together safely and by any means of transportation, as long as we are obeying the laws.
The Sheriff's Office personnel will attempt to gain compliance, by using the least amount of enforcement possible with all of the people that use our roadways. I will always allow the deputies to use their discretion, when taking action. I trust they will use good judgement in taking the appropriate action. We want all people to be safe and enjoy all that Larimer County has to offer.
I hope I have answered your question if you have more or you are confused about some of my answers please feel free to contact me anytime.
Thank you again! Jay Harrison Larimer County Sheriff Candidate
Justin Smith
JS: David,
I just returned from a funeral out of state, so I am doing some catching up. I appreciate you reaching out to all the candidates.
Rather than just go point by point, let me offer this overview of me and my family. I think that it will provide the insight that you are looking for and will be easier to share with your friends and fellow cyclists. I would be glad to sit down with you and anyone who would like to get to know me better.
I am a 19 year resident of Larimer County. Over those years, I have lived in Fort Collins and Estes Park (twice in each so far). Our family currently lives in Estes Park and we enjoy its proximity to so many recreational opportunities. Our outdoor interests include, hiking, camping, running, downhill and cross country skiing, snow shoeing, sea kayaking (yes, it's a long way to the ocean from here), mountain biking and road cycling. At last count, our family of four owned eight bicycles. My wife and I both own Jamis bikes for both our road and mountain biking.
For mountain biking, we enjoy Moab and Fruita primarily and for our road cycling, we mostly ride the Estes Park and Rocky Mountain National Park areas. My wife completed her first century ride last year at the Colorado National Monument. My biggest feat has been my ride over Vail Pass. We're not rabid cyclists, but we do enjoy it.
I am concerned about the safety of all who share the roads of our county. With the significant increase in the popularity of road cycling in recent years, we have seen more conflicts between cyclists and motorists. The conflicts tend to be related to narrow, busy roads along with incidents where those on both sides who aren't riding or driving courteously or safely.
In my driving and cycling experiences, I observe that most people, riding or driving, do a pretty good job of showing respect, but the small percentage of flagrant violators do stand out. That tends to incited anger and retaliatory conduct on both sides. That is truly where the problem tends to begin.
My philosophy on traffic enforcement includes fair and equal enforcement of the law. Bad drivers and bad riders need to be held accountable. Our primary mission is to keep the roads safe for all persons.
I believe that education efforts are a worthwhile investment of our time and I would be glad to sit down with the cycling community to discuss road safety and would hope to have a shared interest in keeping riders and motorists safe.
As far as my attitudes towards cyclists, I welcome all residents and visitors to our county, but do expect them to obey our laws, including the traffic laws. I have no objection to group rides, but I have witnessed groups that develop a pack mentality and then begin to disregard not only general rules of courtesy, but also the traffic laws. That creates a concern for me.
I believe that a significant percentage of the incidents between motorists and cyclists can be avoided by simple common sense and courtesy. The law does allow for riding two abreast, but there are roads where that creates a great safety concern and I believe that if cyclists are cognizant of that, it can decrease some of the conflicts that I've heard about. The problems tend to come where both motorists and cyclist try to push the limits instead of thinking of those around them. The honest reality is that when there is a collision with a car, the cyclist always loses. I ride with a personal awareness of that reality.
I hope that generally covers your questions and concerns. Once again, I would welcome an opportunity to sit down with riders to discuss their concerns.
Justin
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