I wasn't involved, but intentional harassment of cyclists cries out for
accountability. I think Tom's opinions have merit.

1. Perhaps it would be good for all members to know ahead of time what to do
in the event of an incident: http://www.floridabicycle.org/rights/crash.html

2. GCC members might appreciate the statistics on Florida bike crashes as
well. The author Mighk Wilson, President of Florida Bicycle Association,
writes:

"That is why I encourage cyclists to take legal action when motorists commit
assaults. (Assault does not require physical contact, only threat.) Such
incidents are rare, but ripple through the community as a wave of
intimidation."

http://www.floridabicycle.org/freedomfromfear.html

3. Perhaps the GCC leadership could consider voluntary legal fund as part
of the dues structure or at least make referrals to local, experienced
attorneys to help achieve accountability.

Mark Szymanski
mas@xxxxxxxxxxxx
(352) 222-4891

-----Original Message-----
From: Tom Wells [mailto:tbwells@xxxxxxxxx]
Sent: Tuesday, July 18, 2006 12:52 PM
To: GCC
Subject: GCCMail: Assault & Battery

First, to preclude any confusion, I was not party to the Millhopper
incident of 15 July. I have though read the e-mails, G'ville Sun
article, and spoken to some of those involved. The common thread in
all these absorbed communications is the responsibility of the
cyclist: a renewed introspection as to our behavior on the road
encompassing common sense, legal compliance, and pro-active courtesy.
And I trust that we all concur with each of these precepts,
consciously embracing them every time we mount the bike.

Yet nothing in the discourse suggests that any of these were wonting
in this event on the part of the cyclists. Stunningly, no one notes
that this particular driver should be in jail. It is the usual
consequence attending assault and battery with a deadly weapon.

Do we collectively embrace a victim mentality? Stunned & pleased that
this driver will have to take a driver education course. Oh sure, the
fallen cyclists only suffered minor road rash, property damage. Would
the driver's fault be greater if one or two of the cyclists, being
less agile in evasion, had struck the car? Or had just happened to
crashing die?

In my time in Gainesville, there have been a number of events in which
drivers have intentionally endangered and injured cyclists; and
druggedly killed. None have been punished in any manner consonant
with the crime. And always the discourse centers on our
responsibilities to be courteous riders. Fine! I submit that it is
our responsibility - to one another, to cyclists generally, to the
civic health of society - to prosecute felons and to publicize
consequences.

Reality Check: Filing charges increases the already significant
chance of civil/criminal suits by the driver - against individual
members - with attendant costs. Will we take collective
responsibility? Where is the Legal Fund?

The relatively minor physical consequences in this event reflect the
skill of the riders - not the intent of the driver. This man should
be in jail - now. I will feel more secure on the road for his absence
from it; and for the knowledge and expectation that reasonable
standards do apply, will be applied, to those who assault my family,
my friends, or me.

My Opinion,

Tom Wells

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