Cycling on sidewalk bill puts pedestrians at risk

Protecting pedestrians from speeding bikes could get a lot more difficult next year. Lawmakers are pushing a bill that would remove cities’ authority to prohibit cycling on certain sidewalks.

The measure, AB 825 (Bryan), is expected to move to the Assembly this week for concurrence. The League of California Cities opposes the bill.

Asm. Bryan introduced AB 825 to reduce unnecessary stops of people of color. A Los Angeles Times investigation found that the LA County sheriff’s deputies pulled over Latino cyclists at a disproportionate rate compared to other riders.

However, this bill would do so to the detriment of public safety and open cities up to new legal risks. Cities would also need to make costly, potentially unnecessary investments in cycling infrastructure.

What would AB 825 specifically do?

If passed, AB 825 would stop cities from restricting cycling on a sidewalk when a proper bike lane does not exist (Class I, Class II, or Class IV bikeways). The only exceptions are Business Activity Districts and streets with a posted speed limit of 20 mph or lower.

AB 825 ignores well-documented safety risks — including those reported by federal and state agencies — associated with shared sidewalks. Cyclists can go too fast, lose control, and collide with a pedestrian. This can be even more dangerous for vulnerable populations, including the disabled, elderly, and younger children. This is especially true when a cyclist is approaching from behind.

Previously, the bill contained some protections for pedestrians, including a maximum speed limit for cyclists on sidewalks. The author recently eliminated that provision, along with a requirement that cyclists yield the right-of-way to pedestrians, making the bill far worse than its earlier iterations.

To avoid litigation, cities would need to adopt an ordinance — containing findings from studies — requiring cyclists to ride safely and reasonably, as well as yield the right-of-way to pedestrians. They would also need to make costly and possibly unwarranted investments in new bike lanes.

Even if cities made those investments, they could still be open to new legal risks. The bill would make it easier for the plaintiff (pedestrian) and the defendant (cyclist) to sue the city when there is a collision. A court would then need to decide what is “reasonable,” such as undulations on an aging sidewalk caused by tree roots.

An updated sample letter is available for cities. For more information about AB 825, please contact Legislative Affairs Lobbyist Damon Conklin.