But probably still with no enforcement...

Whiting ride after work today .
5 e-bikes and one motorcycle, all in whiting.
One ebike was so fast it came and went before I could tell what It was. And he wasn't wearing a helmet.

2 were riding together very considerately and slowly up mustard, and I had a nice conversation. Mentioned those look fun, but the rangers are now writing tickets for e-bikes. One guy said he knew it would happen and sighed.

And then the motorcycle, WTF?
 
Addressing the “I don’t see the problem “ folks: I’m guessing that riders who came to the sport after 1995 probably don’t recall a time when mountain biking access was not assumed on most trails. The fact that some trails are closed to bikes is almost a novelty outside of federal wilderness, and while that’s great, it didn’t just happen. And it doesn’t have to always be that way. Public sentiments swing wildly all the time about matters far more consequential than MTB. One e-bike brush fire and we could be looking for a new sport by Christmas.
 
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Robbie said:
To get around the OC parks e-bike rules enforcement, the EMtb association says: "If you present a disabled placard or simply claim that you are disabled and require the use of use of "other power-driven mobility devices" (OPDMD), they have to take your word for it and can not ask you about the nature or extent of your disability." See full discussion on FB
https://www.facebook.com/129176991087518/posts/229579047713978/
Click to expand...


You are correct, but they can ask for proof of placard or state issued ID. They cannot ask “what” your disability is....or proof of your disability.....but just claiming you have a disability isn’t enough.

The ADA requirements were posted earlier in this thread.


But here is it again:

"(c)(1) Inquiry about disability. A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual´s disability.
(2) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person´s disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability, as a credible assurance that the use of the other power-driven mobility device is for the individual’s mobility disability. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability. A "valid" disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance´s requirements for disability placards or cards."
 
Robbie said:
To get around the OC parks e-bike rules enforcement, the EMtb association says: "If you present a disabled placard or simply claim that you are disabled and require the use of use of "other power-driven mobility devices" (OPDMD), they have to take your word for it and can not ask you about the nature or extent of your disability." See full discussion on FB
https://www.facebook.com/129176991087518/posts/229579047713978/
Click to expand...

This is true... And wrong at the same time. It will need to be resolved by courts, because the e-bike contingent is looking at expanding the existing accommodation. Whether or not that flies remains to be seen.

As a former trainer for disability laws and rights, the key phrasing and premise to work with is "reasonable accommodation." Same logic as why there are no elevators at Half Dome... Or why employers don't have to spend millions to make every job accessible to every disabled employee. It is not a reasonable accommodation. Not everything can be accessed by the disabled... If the e-bike is a reasonable accommodation or not remains to be seen, and will have to be answered by the courts at some point... The wording in the OC announcement indicates that they are calling conveyances (your OPDMD) that meet the definition of a wheelchair as the only reasonable accommodation for off pavement trails. Were the e-bike riders all using electric wheelchairs to access the trails prior to e-bikes?

Edit: A good start... And probably never read by any e-bike rider anywhere... https://www.ada.gov/opdmd.pdf
The law outlines use scenarios, but does not provide anywhere for a blanket use of every mobility device in every location. In fact, it specifically states that there will be cases where they are not allowed.
 
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