Streetsblog New York City

After two incidents in two months of off-duty NYPD officers running down and killing pedestrians, then refusing to submit to Breathalyzer tests, police Commissioner Ray Kelly this week convened a panel aimed at expediting the collection of blood evidence from motorists arrested on suspicion of driving drunk.

In September, Andrew Kelly, an officer with Brooklyn's 68th Precinct, was taken into custody when the SUV he was driving struck Vionique Valnord as she attempted to hail a taxi in Flatlands. According to prosecutors, a sergeant at the scene reported that alcoholic beverages were present in the vehicle, and said Kelly smelled of alcohol, had red, watery eyes and slurred speech. Yet when authorities were finally able to secure a warrant and draw a blood sample some seven hours later, Kelly had no alcohol in his system, potentially compromising the criminal case against him.

It took five hours to get a blood sample from Kevin Spellman, the NYPD detective who reportedly stumbled out of his government-leased Chevy Malibu after hitting 67-year-old Bronx grandmother Drana Nikac last week. Even so, officials said Spellman was found to have a blood alcohol level of .21. As with the Andrew Kelly case, the lag time between the arrest and obtaining blood evidence was heavily scrutinized by the media, perhaps putting pressure on Commissioner Kelly to act.

According to Commissioner Kelly, a major task of his panel will be to suss out the procedures used by all five city district attorney's offices in obtaining warrants for blood.

"I feel it is extremely possible to speed up the process and can say the DA offices are very interested in working with the Police Department to do so," says Joseph McCormack, chief of the Vehicular Crimes Bureau of Bronx DA Robert Johnson's office. "There are also some legal changes that would help."

One proposed measure supported by McCormack would remove the state requirement that a doctor be present to supervise blood withdrawals. In 2002, 91-year-old former Olympian Jack Shea was killed in Saranac Lake by a driver who was indicted for vehicular manslaughter, criminally negligent homicide and DWI. Charges were ultimately dropped after courts ruled blood evidence inadmissible based on the fact that, since there was no doctor on duty at the small clinic where Shea and the driver were taken after the crash, the sample was drawn by an EMT. Appellate judges in the Shea case, according to the bill, "called on the legislature to amend the statute to remedy what they saw as an unnecessary restriction in the law."

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Mike Bloomberg defeated Bill Thompson yesterday to claim a third term as New York City mayor, but no one except the mayor's own staff is calling the five point margin a victory for the incumbent. The headlines today are all about Bloomberg's surprisingly lackluster showing. After breaking his own records for campaign spending and mounting a juggernaut political operation, the mayor could barely muster a majority of the votes.

And how few votes were cast. Total turnout -- 1.1 million out of about 4 million registered voters -- looks to be even lower than in Ed Koch's election to a third term, back when a million fewer people lived in the city. Participation in New York City's democratic process hasn't been this paltry since the days before women were enfranchised.

The Thompson camp appeared to take some satisfaction in the relatively close finish. Still, Democrats have got to be second guessing themselves today. No doubt much hand-wringing will ensue about the failure of President Obama and local power brokers to rally around the party's standard bearer.

But here are some numbers to chew on: Thompson lost by 50,000 votes, and New Yorkers make more than two million bus trips every day. What if the Democratic candidate had actively campaigned on specific ideas to improve bus service? Vastly outspent or not, Thompson couldn't clear the bar set by Freddy Ferrer in 2005 despite an electorate that seemingly felt little enthusiasm for the incumbent. (Disgust with the term limits extension may explain why Bloomberg himself garnered 200,000 fewer votes than he did four years ago, even though his approval rating, at 70 percent, remains quite high.)

Instead, when it came to New Yorkers' transportation concerns, Thompson sounded few consistent themes except the notion that self-serving complaints from a few local merchants should take precedence over safety gains and transit improvements on our streets. The Democratic Party -- purported defender of the working class and the environment -- failed to make the connection between urban transportation, economic opportunity, and sustainability.

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Today on the Streetsblog Network, Bike Portland looks at a new review of the scientific literature on the relation between bicycle infrastructure and injuries to cyclists, conducted by researchers at the University of British Columbia. While the study points to the need for more data, it finds that dedicated bicycle infrastructure is associated with a lower risk of injury for people on bikes.

Elly Blue writes:

Multi-use paths like the
Hawthorne Bridge have the
highest injury potential. Photo: Jonathan Maus

There’s a constant chorus -- sometimes soft, sometimes overpoweringly loud -- in every conversation about bike infrastructure in America. Its refrain: You’re safer without any bike lanes, separated lanes, cycle tracks, bike boulevards, off-road paths. Just take the lane, follow the rules, wear your helmet, and you’ll be fine.

A group of scholars at the University of British Columbia have found otherwise. They conducted a literature review, looking at all available studies linking bicycle safety with infrastructure. Their conclusions will be counterintuitive for some.

“Results to date suggest that sidewalks and multi-use trails pose the highest risk, major roads are more hazardous than minor roads, and the presence of bicycle facilities (e.g. on-road bike routes, on-road marked bike lanes, and off-road bike paths) was associated with the lowest risk.”

“One of the major advantages of infrastructure-based improvements, compared to personal protective devices such as helmets, is that safe infrastructure provides population-wide protection for all cyclists,” study co-author Meghan Winters said in a press release.

The study's abstract draws these conclusions:

Evidence is beginning to accumulate that purpose-built bicycle-specific facilities reduce crashes and injuries among cyclists, providing the basis for initial transportation engineering guidelines for cyclist safety. Street lighting, paved surfaces, and low-angled grades are additional factors that appear to improve cyclist safety. Future research examining a greater variety of infrastructure would allow development of more detailed guidelines.

I'm sure that many of our network members will want to dig deeper into this one. 

More from around the network: a rant against bike chic from Biker Chicks of West Chester. Extraordinary Observations makes the connection between free burritos and traffic congestion. And the Bicycle Coalition of Greater Philadelphia reports on biking the transit strike in that city.

Conventional wisdom has it that the races for New Jersey governor and Congressional rep in New York's 23rd District are the hottest (or, in the case of the latter, most bizarre) Election Day 2009 tickets. Though Daily Kos has declared the contest for mayor of New York to be "pretty well predetermined," we'll be watching the returns just the same.

Leave your late-breaking news and observations in the comments. 

The Times ran a piece on Vélib's growing pains this weekend. The story is more thoroughly reported than the hatchet job we saw from the BBC back in February -- no claims that bike-share in Paris will flame out quickly this time around. Vélib is part of Parisian life now, and some level of theft and vandalism is part of the bargain.

Still, there's no mistaking the overwhelming sense of schadenfreude emanating from this new Times story (headline: "French Ideal of Bicycle-Sharing Meets Reality"). Francophobes all over America are relishing the tale of Parisian comeuppance.

But bike-sharing is a global phenomenon. So why we do only seem to read alarming stories about the problems in Paris? Part of the reason appears to be that bike-share operators in other cities have few alarms to sound. In Montreal, 5,000 public bikes are available through the Bixi system, launched earlier this year. Responding to the Times story, a Bixi spokesperson told the Montreal Gazette that theft and vandalism don't affect the system very much:

“Our bikes are very robust and Montrealers have a great respect for the Bixi program,” said Michel Philibert, a spokesperson for Stationnement de Montréal, which oversees the bike rental program.

“Montreal is not Paris. The theft of bikes here is not a major challenge.”

The Bixi operators also brought down theft rates thanks to a technical fix: They reinforced segments of the docking stations, and fewer bikes were stolen.

Vélib showed the world what a bike-share network can accomplish, but the appeal of public bicycle systems has never been limited to Paris or France. In the past few years, cities in China, Brazil, and the United States have launched bike-shares of various size. London is looking at a 6,000 bike system, and Dublin recently launched a network with about 500 bikes. Boston may be on the verge of rolling out the first truly robust American bike-share network. Even in Australia, where it's illegal for anyone to ride without a helmet, bike-share is on the way.

Like any good invention, bike-share tech is going to evolve over time. The first telephone looked like a fat brick with a hole in one end, and there was no way to tell if someone else was calling you. So it makes sense that Vélib has some kinks -- it marked a huge step forward for bike-share systems, on a scale no one had ever tried before. Inspired by the Vélib model, cities all over the world are also trying to improve on it.

The financial world was riveted this morning by billionaire investor Warren Buffett's move to take full ownership of the Burlington Northern Santa Fe (BNSF) railroad, a $34 billion deal that ranks as the largest ever executed by Buffett's company, Berkshire Hathaway.

But what does Buffett's purchase mean for the nation's energy future? The so-called "Oracle of Omaha" told CNBC today that his decision was "a bet on the country" as well as a bet on the viability of cleaner transportation:

BNSF last year... moved a ton of goods 470 miles on one gallon of diesel. It releases far fewer pollutants into the atmosphere. It saves enormously on energy consumption and... it diminishes highway congestion. Rails last year moved 40 percent, more than 40 percent, over the country. They moved more than all those trucks, just the four big railroads. It's a very effective way of moving goods. I basically believe this country will prosper and you'll have more people moving more goods 10 and 20 and 30 years from now, and the rails should benefit.

That environmental rationale for Buffett's deal struck some in Washington as dubious. Frank O'Donnell, president of the green group Clean Air Watch, wrote on his website that the BNSF deal was "the biggest climate story of the day," bigger even than the political maneuverings of the Senate environment committee:

This is a $34 billion dollar bet that coal will remain the centerpiece of American energy policy in the future. Buffett clearly believes that coal use will remain strong -- and possibly grow. So he is putting his money on a vision of America with no effective climate policy at all -- or at least one that doesn’t slow coal growth.

BNSF's reliance on coal is indisputable; the black stuff has accounted for nearly half of its tonnage this year, and MarketWatch estimates that 10 percent of U.S. electricity comes from coal hauled by the railroad.

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Oregon Rep. Earl Blumenauer is one of Capitol Hill's strongest voices for walking, biking and transit. Soon after arriving in Congress in 1996, he started the Congressional Bike Caucus, now more than 160 members strong, and he's the founding chairman of the House's new "Livable Communities Task Force," which he announced two weeks ago here on Streetsblog.

Blumenauer's bike commute to the Capitol has become as much a personal hallmark as his predilection for bowties. So when he came to New York this weekend to stump for a progressive federal transportation bill, the congressman didn't pass up the chance to tour our city's evolving bike infrastructure with Paul Steely White and Noah Budnick of Transportation Alternatives. Clarence Eckerson and his camera were there too, of course.

Watch this Streetfilm to hear Blumenauer's thoughts on the big federal transportation bill, the emergence of a national movement for safe biking and walking, and the difference between protected bike lanes and regular old Class 2 facilities. Then ask yourself: When will we get to see a rep from New York City walk, bike, or ride the bus with Clarence?

Following a highly-publicized, intensely-followed trial, Christopher Thompson, the physician accused of using his car to seriously injure two cyclists in the Brentwood section of Los Angeles, is behind bars.

Thompson was convicted yesterday of six felony counts: two counts each, according to VeloNews, of assault with a deadly weapon, battery with serious bodily injury, and reckless driving causing specified injury and mayhem.

On July 4, 2008, Thompson passed cyclists Ron Peterson and Christian Stoehr as the pair rode through the emergency room surgeon's upscale neighborhood. Angry after a verbal exchange with the men, Thompson slammed on the brakes of his red Infiniti as Peterson and Stoehr rode behind. Stoehr ended up in front of the car, wounded with a separated shoulder. Peterson hit the rear window, suffering severe facial injuries. Thompson told police on the scene that he was tired of cyclists in his neighborhood and wanted to "teach them a lesson."

At trial, Thompson denied making that statement, claiming that he had been attempting to get photographs of the cyclists, who he said had frightened him. But the jury didn't buy it, possibly because of Thompson's history of hostility toward people on bikes. He was also convicted Monday of misdemeanor reckless driving, a charge stemming from a prior encounter with two other cyclists.

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Navigating the streets and sidewalks of the United States can be a challenge even for an able-bodied pedestrian or cyclist. For people who depend on wheelchairs to get around, the challenges are too often insurmountable -- nearly two decades since the passage of the Americans with Disabilities Act (ADA).

Fortunately, the problem is beginning to get some more attention, in part because of the actions of advocates like those at the National Complete Streets Coalition, who are working to implement complete streets policies around the country and at the federal level.

But in too many American towns and cities, the disregard for people with disabilities is rampant. Today on the Streetsblog Network, we've got a post from Steve Patterson at Urban Review STL. Steve, whom we profiled a couple of months back, had a severe hemorrhagic stroke almost two years ago, and has been using a wheelchair to get around his downtown St. Louis neighborhood. But even before his stroke, he was concerned with the number of sidewalks that are impassable for wheelchair users, forcing them into the street.

Yesterday, he marked a sad anniversary on his blog:

Four years ago today Elizabeth Bansen was struck and killed by an SUV as she returned home from the market two blocks east of her apartment. Although the accident occurred around 6pm, the driver didn’t see Bansen in her wheelchair on the street.  On December 6th 2007 I posted on the jury finding the city negligent in Bansen’s death since the sidewalks were not passable.…

Yesterday I drove over to see the couple of blocks along Delmar to see if the sidewalks between the housing and the market were corrected.  Sadly, the situation is exactly like I found it in December 2007.

In Jackson, Mississippi, the situation is just as bad. There, one persistent man -- Dr. Scott Crawford -- has worked to draw attention to the pathetic condition of the local sidewalks.

We first heard about Crawford nearly a year ago through Transportation for America, when he sent them some pictures documenting the lack of access to bus stops for people with disabilities. Crawford's advocacy got attention from local news outlets. And just a few days ago he was featured in a major USA Today story about how the nation's crumbling and inadequate sidewalks are putting wheelchair users at risk across the country.

Crawford, who is a plaintiff in a federal lawsuit focused on forcing Jackson to comply with the ADA, is a good example of how local advocates can move the debate on an issue of vital importance. He's a real inspiration.

It's Election Day, and everyone seems to agree that when all is said and done, turnout will be shamefully low. So forget about the Marist poll, the Q poll, and the internal campaign polls. What are you seeing at the real polls?

Here's a makeshift screen grab from Game 2 of the World Series, describing how Phillies pitcher Cliff Lee made his way to Yankee Stadium for Game 1 last Wednesday.

According to Fox Sports, after catching a cab from a Midtown hotel, Lee was stuck in traffic an hour later, having traveled about as far as Morningside Heights. Ignoring advice from his handlers to seek NYPD's help getting to the South Bronx, Lee ducked out of the taxi and went underground.

The cabbie had told Lee it would take two additional hours to reach his destination. The subway, even after a transfer, got him there in 35 minutes.

Though he reportedly didn't know which train lines he took (the C to the B, as posited by Gothamist, seems likely), Lee, who starts tonight's Game 5 in Philadelphia, is no stranger to the transit system. Given his super-human performance in the Phillies as-yet sole Series victory, Yankee fans may be hoping for gridlock to help the Bombers put this one away early.

Lee's first pitch is scheduled for 7:57. Amid the excitement of a Yankees win -- or loss -- don't forget polls open tomorrow at 6 a.m.

At a meeting today with his outside economic recovery advisers, President Obama emphasized the importance of shoring up the nation's crumbling infrastructure but warned that the mounting federal deficit would require "more creative, new approaches to financing" investment in transit, bridges, and road repairs.

"I think my team will testify when we got several trillion dollars worth of infrastructure that is falling apart, we need to put people to work, doing the work that America needs done," Obama told reporters. "But we're also in an era of fiscal constraint, which means that we've got to start finding more creative, new approaches to financing these projects."

The economic recovery meeting comes as the White House and congressional Democrats weigh the need for stronger efforts to help stem the rising unemployment rate.

Last week's surprising announcement of 3.5 percent growth in the U.S. gross domestic product (GDP) prompted a cautiously positive response from the Obama administration, reflecting concern that job losses could continue into next year.

Transportation spending is playing a central role in that economic recovery debate, with several senior members of Congress touting its job creation potential. The Senate's No. 2 Democrat, Dick Durbin (IL), on Thursday suggested that lawmakers begin working on proposals to boost infrastructure investments, including a possible "front-loading" of the House's stalled six-year transport bill.

But with the deficit at its highest level since World War II and a gas tax increase already ruled out by the White House, what kind of "more creative, new approaches" would the president's team be prepared to support? During unrelated testimony at the House infrastructure committee on Thursday, Transportation Secretary Ray LaHood indicated that lack of funding continues to keep the issue in limbo:

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With extremely low turnout expected for tomorrow's mayoral election, Bill Thompson and Mike Bloomberg canvassed the city over the weekend trying to drum up some enthusiasm for their candidacies. For Thompson, the itinerary included a stop in Bedford Stuyvesant this Saturday to protest plans for improving bus service along Nostrand Avenue.

Hopping off the campaign truck at the corner of Fulton and Nostrand, Thompson and the entire citywide Democratic ticket joined local council rep Tish James for a quick show of solidarity with Nostrand Avenue Merchants Association president Lindiwe Kamau. Kamau takes issue with bus improvements planned for Nostrand because, she claims, dedicated bus lanes will eliminate curbside parking along the corridor. Here's the thing: The most recent renderings of Select Bus Service on Nostrand [PDF] depict buses operating in an existing travel lane. The curbside parking lane would still be there.

That didn't stop Thompson, James, John Liu, and Bill de Blasio from lending their support for a few minutes, standing beside Kamau and repeating stock phrases about "protecting small businesses." The biggest constituency they addressed appeared to be the press. About four reporters were on hand, outnumbering Nostrand Avenue merchants by approximately four-to-one. After a light cycle or two, the pols hopped back on the truck and were driven away.

If the Democratic ticket had walked over to the B44 stop around the corner, they would have found a much larger and more captive audience to address. Their message might not have gone over very well though.

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