Diamond Provides Inc, Scofflaw?

Note that this post is legalistic speculation and is only provided for “entertainment purposes”. I am not a lawyer, but I wish I had one on my bike ride today.

LTRs know that I ride, each morning through the Qualcomm Stadium Bicycle Path. This is listed as a Class I bicycle path in wikipedia:

“Murphy Canyon Road Bike Path: Southbound starts at the south end of Murphy canyon Road and exits in the North East Part of Qualcomm Stadium.”

http://en.wikipedia.org/wiki/List_of_San_Diego_bike_paths

Wikipedia is NEVER wrong! 🙂

While riding, I noticed that they were putting up a fence. Now, I don’t really mind this fence because, I know a way around it, and I realize that while to fence off a normal road would get lots of outrage because it’s disrespectful which is why there is much prior warning to such a thing, in the cycling world, we are totally used to be disrespected by people all the time. It’s like good, normal people suddenly lose all their manners when dealing with cycling. So more than anything, this hurt my sensitive feelings a little.

However, the thing that made me angry is that they left their parts behind a k-rail in such a way that I almost rode over them at high speed. I would have been seriously hurt. Despite having almost hospitalized another humans, the workers showed no remorse. Which is par for the course.

I did call the company which is Diamond Provides, Inc. Phone: 888-744-7191.

They apologized for almost putting me in the hospital, and they promised, in the future, to have prior warning with signs, a week in advance, cones to show the dangerous zone, and an alternate detour with signs on the day of the event.

Just kidding.

They hung up on me.

I tried to explain in car terms because when you talk to a motorist they just don’t get cycling as transportation at all. It’s like their mind, even in intelligent people, just fails to operate properly. I asked them if they ever had the road blocked. They said “What?”. I was put onto a different person who was also confused when I told them that they were blocking the road in Qualcomm Stadium.

It turns out that this might actually be illegal:

“(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.”

http://www.dmv.ca.gov/pubs/vctop/d11/vc21211.htm

I’m not a lawyer, but I think that a fence is “any other object…which impedes..reasonable movement.”

And thus this fence is illegal.

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