“$1 TO START ”– The Municipal Shared-Mobility Ride at near single-digit speeds. That crawl, plus concerns about pollution, parking By: Erich Eiselt, IMLA Assistant General Counsel headaches, a desire for exercise in otherwise cubicle-confned employment, a simpler and cheaper way to travel from point A to point B, even an unspoken want for greater social connectedness—all contributed to the gradu- al re-emergence of the bicycle as a signifcant mode of transport in many of the nation’s urban areas.

The Technology: Fast-forward to the “sharing economy.” Why take a cab or use one’s own bike for short-distance city travel if inexpensive, reliable alternatives are readily available? Early in this decade, the frst large experiments in public-use bicycles emerged on American streets. These were municipally-fund- ed public-private partnerships ofering docked bicycles, secured in stations around town. The kiosks required credit card payment before re- leasing a bike and tallied minutes elapsed until the cycle was re-docked. New York City’s Citi Bikes (12,000 bikes at 500 stations)1 and Wash- ington DC’s Capital Bikeshare (4,300 bikes across six jurisdictions)2 were early examples of INTRODUCTION to the brothers Michaux. That innovation this genre. They have been overwhelmingly ast month, IMLA inaugurated its was borrowed by a colleague of the brothers, successful in those cities, adding thousands of Disruptive Transportation work who brought it to the United States and new cyclists to the urban landscape. Lgroup, formed to serve as a collabora- obtained a patent in 1863. Further innovation has led to further tive source of answers to common questions In 1885, John Kemp Starley introduced disruption. Entrepreneurs recognized that the about another innovation rapidly rolling America to his device that combined pedals power of GPS, the smartphone, versatility in into cities across the country: dockless bikes and a chain to transfer power to the rear bicycle design, and proliferation of other species and scooters. To be sure, inquiries abound wheel. It was a technologic leap that would of personal street mobility—driven by ever-more as local government lawyers are called upon see the nation’s thoroughfares swarming convenient and personalized applications--could to craf sensible and efective regulations with bicycles as the twentieth century began. enable second- and third-generation advances. for this new species in the shared mobility Starley’s basic confguration continues The “dockless” or “stationless” bike was born. ecosystem. today, enhanced with tubed rubber tires, This new evolution did not require the infra- This article is intended to provide an highly engineered brakes and gears, electron- structure used by docked programs; in theory, overview of the bikeshare phenomenon, to ics and other gadgetry—not to mention leaps no real estate needed to be developed and no look at some municipalities’ responses, and in material science that allow the modern guesses were required as to the best location to suggest some elements to be considered bicycle to weigh less than 15 pounds. for bike aggregation—consumers would park when drafing bike share ordinances and As with many other types of human bikes where they desired and follow-on riders operating agreements. conveyance, whether traveling on tracks, would locate them, rent them, and continue rails or rivers, and whether wind-driven, onward. Convenience triumphed over all: the The Bicycle: Historians attribute the horse-drawn or coal-powered, the bicycle phone-based “app” would render an Uber-like birth of the bicycle to a Frenchman in the was rapidly overtaken by the internal com- interaction, giving today’s users the autonomy late 18th century, who aligned two wooden bustion engine. Following World War Two, they so intensely crave. (Clearly, every inch wheels and a simple board on which to sit-- cyclists took a back seat to drivers as massive of their usage could be assiduously tracked by without pedals or steering mechanism. The freeways and expansive city avenues prolifer- the service providers and easily linked to their frst steerable such device was developed ated, accommodating millions of ever-more personalized consumer information; adding in 1816 by a German; it too required feet comfortable personal cocoons travelling at to the surrender of privacy to the Googles and on the ground, much like the pedal-less previously unimaginable velocities. Amazons of our time). “balance-bikes” used by pre-kindergarteners But that miracle would eventually reach Today, then, “bikeshare” technology--a subset today. A Scottish blacksmith introduced a its limits, victimized by its own success. of “shared mobility”-- encompasses a spectrum: pedaled, link-driven contraption in 1839, Afer an automobile golden age which cycles which must be docked at permanent sta- but it weighed nearly 60 pounds. The saw many modes of public transportation tions, cycles which are designed to be docked or less-massive velocipede, which attached starved out of existence, the empirical evi- locked to bike stands (or to signposts and simi- pedals to the cycle’s front wheel, emerged dence today suggests that in many of Ameri- lar vertical supports) but can also self-lock, and on the streets of Paris in the 1860’s, thanks ca’s cities and exurbs, vehicular trafc moves bikes which are totally self-locking and will not 20 Municipal Lawyer afx to any support. And, as most city dwellers As with disruptive car share and is vandalism to equipment, or competition will attest, another “bike” varietal has sprouted, short-term housing invasions as fve or more providers enter a given almost overnight--low-slung “Razor”-type scoot- discussed in previous issues of market, venture capital fnanciers are bullish ers. It seems likely that future mobility sharing on American prospects.8 When purchased may encompass other one-, two-, three-or more Municipal Lawyer, the dockless by the thousands, mass-produced e-scoot- wheeled conveyances, some built for two riders newcomers are more nimble than ers should be available for as little as $300 and/or accommodating child seats, with the their predecessors. They can enter each, perhaps less, even afer giving efect potential for “hovering” or “airborne” devices markets surreptitiously, with little to tarifs. They are enticingly inexpensive somewhere down the road. (Other vehicular fanfare or governmental interfer- to enjoy, as illustrated by Lime’s “$1 TO forms including “electric personal assistive ence, not needing to secure real START” invitation embossed in large letters mobility devices” (EPMDs such as “Rascals”) on the foorboard of each scooter. Docked and that most disruptive of transport modali- estate or build infrastructure as bikes seem more expensive, typically requir- ties, the bizarre combination of group carousing a precursor to their arrival. And ing a minimum 30-minute commitment of while exercising on the open road known as the whereas the original docking from $1.75 (Metro Bikes in Los Angeles) to “Pedal Tavern,” make the taxonomy even more programs required substantial $3.50 (Biki Bikeshare in Honolulu). But challenging.) up-front public money, these on e-scooter rides, the meter begins to run As usual, it’s as much about the “app” as newer disruptors can emerge with immediately, generally costing $ .15 per the modality itself, with providers delivering minute, meaning that ten minutes of travel ever-more innovative and personalized smart- far less initial funding—only to costs $2.50. If rented only twice per day for phone sofware. Today, your bikeshare app will: be subsequently backed by hugely 20 minutes total, the devices would generate locate available bikes; allow you to reserve a successful enterprises. their purchase price in two or three months’ specifc bike, making it of-limits to other users; time. Reliable sources cite even higher tell you which e-bikes have power--and alert you their predecessors. They can enter markets sur- e-scooter numbers for various cities: $11 per as power diminishes; let you “hold” your bike reptitiously, with little fanfare or governmental day for Bird in Santa Monica and upwards while you disembark to eat or take in a land- interference, not needing to secure real estate of $20 per day for Lime in San Francisco. mark; tell you where you can or cannot ride or or build infrastructure as a precursor to their At least one company, Skip, has bragged park the bike; provide you with a map tracking arrival. And whereas the original docking that its e-scooters are being ridden a hard-to- where you’ve ridden; tell you how many carbon programs required substantial up-front public believe seven times per day.10 Even using far units you saved by foregoing vehicular travel; money, these newer disruptors can emerge lower ridership projections, fguring reduced seamlessly bill your credit card (or more likely with far less initial funding—only to be subse- pricing for daily/weekly/monthly programs, your app-within-an-app like ApplePay); penalize quently backed by hugely successful enterprises: and adding a considerable overhead factor, (or reward) you based on where you leave the For example, Bloomberg reports that Ofo and it’s evident that a signifcant payback could bike; and credit you for bringing others into a Mobikes have deployed 13 million bicycles occur by the frst year of dockless operation. given program. It is inevitable that the app will worldwide afer raising billions from Chinese “Do the math,” as they say. connect your other personal likes and dislikes internet giants Alibaba and Tencent.4 Other Along those lines, the “sharing” in these to your cycling experience, creating “loyalty” programs are attracting similar fnancing; new programs extends beyond mere riding purchase credits, and perhaps tracking calories Silicon Valley funders recently poured $300 of rented bikes. Companies have found burned and linking to nearby eateries with the million into Bay Area e-scooter startup Skip5 ways to expand their labor pool, relatively perfect farm-to-table oferings. and, as described below, Google, Uber and cost-free: the Limebike app, for example, In addition to fnancial metrics, which Lyf are all heavily involved in bikeshare. seeks members of the public willing to serve will be vigorously protected by the operating The meteoric rise of these companies, par- as so-called “Juicers” who are compensated companies, the volumes of data produced by ticularly in China, is mind-boggling. Mobikes for locating e-cycles and scooters that are bikeshare systems will provide near real-time wasn’t even conceived of until 2015, when low on power and recharging them. Bird information about bike trafc, indicate which Hu Weiwei--a former journalist--devised with ofers similar rewards for charging and re- stations or parking zones have a surfeit or defcit her cohorts the idea of a system that would turning stray scooters to a “Bird’s Nest.” To of bikes, show the impact—positive or negative— allow Chinese commuters to ride to work induce good behavior, Hamilton, Ontario’s on other public transportation options, and for pennies per ride. In April of this year, “SoBi”--a hybrid docked/dockless pro- generate related statistics which should be of Mobikes was sold for $3.4 billion, with Hu gram--charges $1 if users don’t leave bikes signifcant value to transportation and planning and other founders and investors pocketing at designated locked parking hubs, giving departments. In that context, the industry more than $1 billion in cash.6 That trajectory subsequent riders a $ .75 credit if they re- has developed its own open data specifcation, is moderate when compared to newer-new- turn an “out-of-hub” bike to one of 100-plus General Bikeshare Feed Specifcation (GBFS),3 comers Bird and Lime, each of which began geo-fenced parking locations.11 New Orleans’ which is currently the gold protocol for such ag- operations in 2017 and had already achieved Blue Bikes program exacts a larger fee to gregation (and should be the standard required “unicorn” status (having a valuation of more help defray the cost of retrieving dockless and adopted by municipal clients). than $1 Billion) earlier this year.7 strays, charging users $10 for locking a Blue Investors in bikeshare are not simply Bike outside of system boundaries.12 These The Money: As with disruptive car share looking to be involved in the next big thing programs have themselves developed enthu- and short-term housing invasions discussed (think Bitcoin and marijuana enterprises)— siastic followings, with millennial devotees in previous issues of Municipal Lawyer, the they smell monetary reward. While there comparing the experience of hunting for dockless newcomers are more nimble than are no doubt hurdles, not the least of which continued on page 22 September/October 2018 Vol. 59 No. 5 21 $1 TO START Cont'd from page 21 Sachs’ sponsorship of New York’s Citi Bike Data is also emerging about how these “dead” devices to a Pokemon Go search—one program and Blue Cross and Blue Shield bikes are being used. While the companies that pays decent money. It is inevitable that of Illinois’ help in funding Chicago’s Divvy themselves are tight-fsted with their own similar tactics and incentives will be used bike share.17 information, citing competitive concerns, to boost the bottom line, which will be a Seattle bikeshare study conducted by the fattened further as advertising opportunities The Statistics: One of the most compre- University of Washington indicates that the are exploited. hensive sources of data about US bikeshare majority of docked bike rides in Seattle’s In contrast, docked bikes pose a far more programs is the National Association of program are by commuters, at traditional daunting fnancial challenge. One source City Transportation Ofcials (NACTO).18 work hours. In contrast, dockless bike us- posits that in New York City, for example, NACTO’s report “Bikeshare in the U.S.: age spikes at night and on weekends.24 The they cost $5200 per bike, including docking 2017” states that there were 35 million statistics also show the current dominance, stations.13 That price tag inhibits expansion bikeshare trips last year, a 25% increase likely evanescent, of stationed bikes over throughout all New York City boroughs over 2016.19 2017 saw the true emergence dockless: while Seattle’s docked cycles aver- and requires an exceedingly disciplined of the dockless bike phenomenon, with fve aged 1.7 trips per day, their dockless relatives approach: the city’s Department of Trans- major providers operating in 25 cities by the generated less than 1/3 ride in that time. 25 portation has reportedly calculated that it end of last year (a number which has clearly And the Seattle data confrms that bike- would take 80,000 bikes to fully serve all accelerated tremendously during 2018)—but share is ofentimes part of longer journey, parts of the metropolis.14 Whether that it would be misguided to think that the new with the cycles being used to connect to or $5200 estimate includes the cost of liti- technology has put an abrupt end to the from other public transportation modes. gation is unclear, but fsticufs should be older docked systems. NACTO says that anticipated whenever big-city real estate is docked programs generated more than 90% Mobility for More of Us: The new cycle being appropriated for public use. Consid- of all rides in 2017, with the legacy systems programs can overlap with bus and subway er Matter of Fraydun Realty Co. v New York in New York (Citi Bikes), Washington DC systems in other ways, by being structured City Department of Transportation,15 wherein (Capital Bikeshare), Chicago (Divvy) and to add more mobility—and opportunity—to Manhattan merchants fought to preserve Boston (Blue Bikes—formerly Hubway) disadvantaged residents and neighborhoods. metered parking in front of their establish- garnering the largest share. And last year, Although the most innovative features ments. The city listened to their complaints new docked programs took to the streets of require a user to carry a smartphone linked and reduced the bikeshare docking foot- Honolulu (Biki-already an overwhelmingly to a payment mechanism, programs can be print signifcantly, from 48 bikes down to successful venture), Detroit (MoGo), New tweaked to serve a broader constituency. 27. Undeterred, the real estate and commer- Orleans (Blue Bikes) and Charleston (Holy Old-school docked systems have long al- cial interests attacked the move as reckless: Spokes), 20 while San Francisco relaunched lowed eligible users to enjoy greatly reduced its Ford GoBike docked system, increasing pricing. For example, Philadelphia’s “Inde- Petitioners now move for an Order its 700 bikes by ten-fold, to 7,000 units.21 go” program gives PA ACCESS card holders pursuant to Article 78 of the CPLR But the growth in dockless bikes, and the right to purchase cards which will allow declaring that respondents have acted their implications for the future, is virtu- unlimited docked bike rides of up to an arbitrarily, capriciously, irrationally and ally undeniable. NACTO states that the hour each, for $5 a month. 26 contrary to law by installing the Bike number of shared bikes in the US more Washington DC’s “Capital Bikeshare” Share Station in its location on Third than doubled in 2017, from 42,500 to over with its diaspora of adjoining municipalities Avenue near the tenant petitioners’ 100,000. Only 14,000 of the newcomers is equally ambitious, accommodating users commercial establishments and that were the docked variety, while three times who don’t have credit cards or who cannot respondents violated their legal duties that number were stationless. 22 The growth complete online access to obtain low-cost under SEQRA and CEQR by failing to in 2018 will undoubtedly exceed last year’s usage via a phone call; neighboring Mont- properly consider the socioeconomic fgures, with the vast majority being com- gomery County, Maryland provides free ac- impact the Program would have on pletely dockless or at least allowing self-lock- cess to Capital Bikeshare for its low-income their businesses.” 1 6 ing: the variety of options, the fexibility, residents and students.27 Virtually all the and the rider’s certitude that there will be major docked systems ofer such discounted The merchants lost the fght, and the a place to disembark – as opposed to the programs. bikes went into service. New York was phenomenon most feared by docking bike The new dockless entrants also accommo- resoundingly vindicated in its decision to users, being “dock-blocked” because no date low-income participants. Among these place the bike station on that particular spaces are available at the end of the journey is Lime, which allows users who “demon- stretch of Third Avenue: among more than – portend rapid and continuing growth for strate eligibility or participation in any state 600 stations around the city, it now ranks the dockless newcomers. The bikes are or federally-run assistance program” to join among the top ten in usage. appearing in new cities at a breakaway pace, “LimeAccess,” obtaining a 95% price reduc- Given these headwinds, venture capital and are now being surpassed by e-scooters tion in the company’s pedal-powered cycles is not typically attracted to the docked bike which are proliferating even more rapidly. and a 50% cut for their electric-assist bikes value proposition. As a result, docked bike- While reliable data is difcult to come by, and scooters, and to pay cash for access at share programs have routinely required sig- the number of municipalities with bikeshare more than 27,000 “PayNearMe” locations, nifcant public-private funding mechanisms and/or e-scooter systems must already be including 7-Eleven and CVS stores, nation- and/or massive corporate sponsorships: in the several-hundreds, extrapolating from wide.28 LimeAccess allows users to unlock examples include Citibank and Goldman year-old industry data.23 bikes and scooters at the reduced pricing 22 Municipal Lawyer via a simple text, meaning a fully-featured even more important for municipalities to All BCycle bikes are electric; some feature smartphone is not needed. require solid indemnifcations and insur- the latest in handlebar-mounted smart These features will further allow disad- ance coverages from the shared mobility screens. BCycle ofers bikes designed for vantaged users to jump the “last-mile” gap, companies. docking in the company’s stations as well enabling them to travel to other modes of as “DASH” bikes -- fully dockless versions transport, likely also subsidized, and to be The Programs: America’s bikeshare map which lock themselves and can be parked employable in a larger geographic arc. In is populated by a spectrum of providers, anywhere. BCycle is now powering that regard, the legacy docked programs and some of which are global giants and some of programs in more than 50 US cities, the new dockless vehicles need not be mu- which are home-grown upstarts. While the including many middle- and smaller-sized tually exclusive: Chicago is now piloting a legacy bikeshare companies’ websites list the municipalities like recent additions Tulsa, dockless program in the city’s far south side, cities where they operate, some newcomers OK and Jackson, WY. 35 specifcally intended to expand the shared are moving so rapidly—and their legal status bike envelope beyond the boundaries of the in many cities is still so uncertain—that their Ofo, based in Beijing, bills itself as Chicago Divvy docked program. 29 websites do not always name participating “the world’s frst and largest station-free jurisdictions. The more noteworthy opera- bike sharing platform.” It claims to have Bad Behavior: As has been widely tors, beginning with bike purveyors followed to have put more than 10 million of its publicized, the bikeshare companies are fre- by scooter companies, include: yellow bikes into service in more than quently discovered moving into communi- 20 countries: Australia, Austria, China, ties without adequate (or any) prior notice, Motivate is the vertically-integrated Czech Republic, France, Germany, Hunga- making money before making concessions provider behind the non-electric docked pro- ry, India, Israel, Italy, Japan, Kazakhstan, about safety and parking. But residents grams in (from smallest to largest) Twin Cit- Malaysia, Portugal, Russia, Singapore, are also capable of unsociable acts, beyond ies, MN; Columbus, OH; Jersey City, NJ; Spain, Thailand, the Netherlands, the thoughtless parking and irresponsible riding Portland, OR; San Francisco, CA; Boston, UK--and the US, and purports to generate on sidewalks and against trafc—including MA; Washington D.C.; Chicago, IL, and more than 32 million transactions each those who use their apps to enable young New York, NY. Gotham’s one-month tally day.36 The company’s growth may be children to ride scooters on city streets. of nearly two million Motivate rides in June reversing, however; it has departed several One of the biggest impediments to bike- 2018 exceeded June rides for all other Mo- countries 37 and many US markets. It share success in some markets has been tivate cities put together, dwarfng totals for recently exited Washington DC afer reg- thef and vandalism, with private citizens the same period in Chicago (460,000) and ulators would not allow it to expand the stealing, disposing of and/or destroying the Nation’s Capital (390,000). Motivate size of its feet and a signifcant percentage millions of dollars in high-tech conveyances. is the biggest and oldest provider of shared of its existing inventory was vandalized; These crimes generally go unreported and bikes in the US. Lyf, the global ridesharing in late August it sold several hundred unsanctioned. behemoth that competes head-on against cycles (which had the self-locking feature More inventive commercial subterfuges Uber, acquired Motivate in July 2018. Lyf removed) to buyers in Arlington, Virginia have emerged. Because the e-device compa- now labels itself the largest bikeshare compa- for a bargain price of $100 each. 38 nies will pay ordinary people to round up ny in America, 32 and plans to re-brand its and charge the devices, cutthroat competi- cycles as LyfBikes. Mobike, referenced earlier for its amazing tion has sometimes arisen, with entrepre- growth story, calls itself “The Perfect First neurial types fghting over nearly-depleted Social is the purveyor of red “Jump” bikes & Last Mile Solution.” Headquartered devices. The programs pay from $5 to in more than 50 US locations, from Char- in Beijing, it is the world’s largest bike- $20 for the retrieval and replenishing of a lotte, NC to Magnolia, AR and Ketchum, share company. The company’s silver missing and inactive scooter–so underhand- ID, including numerous college campuses. and orange cycles have appeared in many ed middlemen now kidnap the conveyanc- Every cycle in this New York start up’s port- cities unannounced, triggering legal action es, keeping them out of service until the folio is electric, helping riders up hills and and, in some communities such as Dallas, companies post a reward. 30 It also seems travelling roughly 20 miles on one charge. outright warfare by residents. Despite its likely that the highly-discounted rental rates It claims to ofer the best-quality bike in sometimes-unwelcome market entry, the intended for underprivileged users will be the business, including hidden cabling and company continues to innovate, now link- abused, generating a cottage industry of un- “buttery smooth” shifing. Jump is dockless ing to Apple iWatches, ofering “curated” scrupulous resellers. These growing pains, but is designed to be locked to bike racks rides through Mobike cities, and promoting although troubling, will not put the brakes and other vertical supports, reducing the its environmental responsibility and carbon on the new mobility revolution. free-for-all of some other providers. Indica- reduction impact. Mobike appears to have Nor will an ancillary problem referenced tive of the signifcant role that dockless bikes been more disciplined in its growth outside above, one already being eagerly tackled by will assumedly play in the transportation China than Ofo and is not reported to be ambitious personal injury lawyers: damage ecosystem, Uber acquired Jump in April abandoning markets wholesale—although to person and property being caused by 2018 for many millions of dollars,33 prompt- it too lef Washington DC in late July be- careless riders. As a Bloomberg article head- ing one source to ask “Is Uber disrupting cause the nation’s capital would only allow lines, “Accidents by scooter riders in San itself with its bike share investment?” 34 400 bikes per provider in the city. 39 Francisco and Los Angeles have law frms salivating over potential payouts.” 31 BCycle is owned by US bicycle maker Lime ofers a “Smart Mobility Fleet” This not-unexpected development makes it Trek, and headquartered in Waterloo, WI. continued on page 24 September/October 2018 Vol. 59 No. 5 23 $1 TO START Cont'd from page 23 The Existing Laws: While feder- exclusively to propel the bicycle and comprising bikes and scooters. It has been al laws respecting e-scooters are yet is not capable of providing assistance among the most aggressive of dockless to emerge, the bicycle has been fully when the bicycle reaches the speed of species, placing its neon-green e-scooters and defned by Congress in 16 CFR 1512, 20 mph; or cycles (pedaled and/or e-assisted, with one, recent iterations of which address arcane 3. Class 3 electric-assisted bicycle in three or eight gear varieties) 40 in cities across issues such as seat posts, wheel hubs and which the motor provides assistance the country, ofen without any notice. San brake grip dimensions. Localities want- only when the rider is pedaling and Francisco, Charlotte, Indianapolis, San Jose ing to craf their own ordinances to ad- ceases to provide assistance when the and other localities have issued cease and dress these new modalities will obviously bicycle reaches the speed of 28 mph desist orders to Lime, with mixed results. have to conform to such federal stan- and is equipped with a speedometer. 50 The company’s apparent premise that it is dards and to applicable state regulations. better to apologize than ask for permission Washington State’s legislative history is (To put these specifcations into perspective, seems unlikely to wane, based on its newest illustrative. In 1997 Washington had Lime’s e-assist bikes have a power output of collaborators—Lime received a $335 million defned electric-assisted bicycles as those 250 watts and will augment the rider’s pedaling investment from serial disruptors Uber and with two or three wheels, a saddle, fully up to a top speed of 15 mph; they would be Google in April. 41 As of July, the company’s operative pedals for human propulsion, Class 1 devices). The Washington law also devices had popped up in more than 70 and an electric motor with a power out- requires motorized scooter riders to wear a cities across the US and Europe.42 put of no more than 1,000 watts. It was helmet if under 18 years of age. to be incapable of propelling the device This federal-state matrix has not entirely Bird’s fat-black e-scooters are as ubiqui- at more than 20 mph on level ground, deprived Washington localities of their own tous as Lime’s, and it has ofen found itself whether operating alone or assisting the regulatory powers. SB6434 says that Class 1 in the same posture afer sneaking into city human pedaling rider. and 2 bikes can be ridden on sidewalks but streets uninvited. The Santa Monica-based A 2002 federal law amended the allows municipalities to prevent them. (Seattle operator has already placed its scooters in at Consumer Product Safety Commission recently decided that the 20 mph-and-under least 15 cities, invoking threats of litigation, defnition of electric-assisted bicycles e-bikes will henceforth be permitted on city sometimes acted upon, in San Francisco, and defned a low-speed bicycle as “A walks, given that bicycles already have that sta- Nashville, Milwaukee, Washington D.C., two-or three-wheeled vehicle with fully tus). SB6434 also permits local authorities to Austin and Denver.43 Bird is also emblem- operable pedals and an electric motor allow e-bikes on highways having speed limits atic of the new technology’s “act frst, of less than 750 watts, whose maximum of up to 35 miles per hour-- and would allow negotiate later” strategy: “We enter markets speed on a paved level surface, when them on higher-speed highways if operated where scooters aren’t prohibited, and we powered solely by such a motor while within a Class II or Class IV bikeway. follow the laws on the books,” says Kenneth ridden by an operator who weighs 170 California is considering legislation that Baer, a Bird spokesman. “But in most cities, pounds, is less than 20 mph.” 49 would apply similar provisions to “motorized the laws never anticipated this technology.”44 On June 7, 2018, Washington updat- scooters,” defned as “a 2-wheeled device ed its e-bike provisions, via SB 6434. that has handlebars, has a foorboard that is Skip was funded by Silicon Valley in- The law took efect July 1, 2018. As the designed to be stood upon when riding, and vestors and promotes its electric scooters House Bill Report states, “While the is powered by an electric motor or by a source as a safer, more durable alternative to federal government regulates the manu- other than electric power.” Local authorities other companies’ devices, offering a wid- facturing and frst sale of an electric-as- could allow motorized scooters to operate in er riding surface and shock cushioning.45 sisted bicycle, the operation on roadways a Class II bike lane on highways with a speed And the Speedway Mini4 scooters which and paths is under a state’s control.” limit up to 35 mph, replacing the prior 25 mph Skip modifies can go up to 30 miles per Washington reduced permissible e-pow- limit; however, the maximum speed of the charge at an average of 10 mph—50% er, and established three categories of scooter would remain capped at 15 mph. farther than the scooters used by com- e-bikes: Under AB 2989, localities would still be petitors like Lime--meaning that they are Summary of Bill: The defnition of a bound by California requirements that scooter less likely to be useless by mid-afternoon. bicycle is updated to include elec- riders carry a valid driver’s license; that they 46 The company’s website includes rules tric-assisted bicycles. not carry additional passengers-- or parcels applicable to various cities (in Portland, An electric-assisted bicycle’s motor preventing at least one hand on the handlebars; Oregon, no riding on sidewalks or in must have a power output of no more that they not operate a scooter on a sidewalk; parks; helmets required; 15 types of than 750 watts and the electric-assist- and that they not leave a scooter parked on its no-parking areas) and actively seeks to be ed bicycle must meet the requirements side or obstructing passers-by. But the provi- notified about irresponsible parking or of one of three classifcations: sion, passed by the California legislature on other scooter problems. 47 1. Class 1 electric-assisted bicycle in August 29, 2018, would eliminate the helmet There are many other entrants in the which the motor provides assistance requirement for riders above 18 years old. global shared mobility market, including only when the rider is pedaling and Hello Bike, Bluegogo, Goat, NextBike, ceases to provide assistance when The War Stories: The need for munic- VBike, OBike and more. Some have the bicycle reaches the speed of 20 ipalities to meet bikeshare entrants with a entered the US, securing small niches; mph; preemptive shield, a well-conceived regulato- others have abandoned their aspirations 2. Class 2 electric-assisted bicycle ry scheme, and sound business assumptions for the American market. 48 in which the motor may be used is evidenced in some recent history: 24 Municipal Lawyer Coronado-Taking the Ofensive: Corona- much smaller population of roughly 3,500 5,000 bikes at $50 apiece. These funds do, California’s municipal code requires busi- bikes. Much of the remaining inventory will enable the city, in theory, to host a nesses that use the city’s public right of way to was simply abandoned, and hundreds of bike program without consuming its own obtain a permit. In the spring of 2018, Lime, cycles now await destruction at Dallas recy- taxpayer dollars. Of the $1 million in up- Ofo and Mobike’s cycles began to appear in cling centers—a colossal waste of resources. front payments, $400,000 will be used to the locality without the requisite permits. The city’s shared mobility challenges are fund Seattle trafc personnel responsible This triggered the city’s right to impound. As hardly over; as the bicycle programs were for overseeing the program and another of the end of June 2018, it had collected 106 shrinking, a new horde of e-scooters began $400,000 will be used to create designat- bikes, according to Coronado’s Director of invading. ed parking areas for bikeshare cycles (the Public Works and Engineering. The ofending city has identifed the 30-foot bufer zones companies are charged a $45 impound fee and Seattle-Lessons Learned: Seattle also around stop signs as fertile ground for a $1 per day storage fee. Most of the impound- sufered a collapse of its initial bike share such deployment, estimating that it can ed cycles belong to Lime, which proclaims its experiment, “Pronto!” Started in 2014 as repurpose such areas at a cost of $2,000 to innocence: “Lime has never deployed bikes in another Motivate docked-bike program, $3,000 each, providing 10 to 15 spaces in Coronado, our smartphone app actively warns it was funded via a massive municipal each). riders against parking in Coronado, and we budget. Alaska Air signed on as a primary The $250,000 per vendor target has collect and redistribute most of our bikes on sponsor, committing to a whopping $1,000 caused some repercussions. While Spin, a nightly basis.” 51 Until reclaimed, the bikes per bike for fve years; with an initial Ofo and Limebike had participated in remain locked, unusable--and unsaleable. Ac- population of 500 bikes, the airline was the pilot since July 2017; Ofo announced cordingly, the city now plans to recycle them committing to $2,500,000. Unfortunately, that it was not willing to foot such a large as scrap metal. that largesse—buttressed with another $7 up-front bill and is dropping out of Seattle. million in city funding—was insufcient. In contrast, Limebike is enthusiastic about Dallas-Caught in the Deluge: “Big Seattle had too few docking stations and remaining, and cites the following data: D’s” foray into the bike share experience not enough bikes, a faw that prevented • In the last 13 months, Limebike has sold is cautionary. Dallas became a bikeshare the program from achieving critical mass. six million rides on its bikes around the epicenter virtually overnight in late 2017 as 53 Ridership—and income--was well below world, of which more than one million fve companies (VBike, Lime, Spin, Ofo and the city’s projections, and the bike share were taken in Seattle, it’s most successful Mobike) converged on the metropolis. The experiment soon became prohibitively market. Seattle was the frst market to hit city did not yet have in place a regulatory expensive. Added to that, a transportation one million rides on a dockless bikeshare scheme to keep the bikes out or to control executive appointed by Seattle’s mayor program; them once they arrived. By February 2018, became embroiled an ethics controversy • 715,000 pounds of CO2 have been saved one of the largest American municipalities for his undisclosed interest in the Pronto! by Seattleites using its bikes, more than without any bike share system had suddenly Venture. Faced with many other fscal re- any other city; been morphed into the city with the largest alities, the city council and ultimately the • 74 percent of Seattle residents have a fa- share bike feet anywhere in North America— mayor, who had won ofce partly because vorable opinion of dockless bikesharing; some 18,000 cycles. It was even deemed “the of his outspoken enthusiasm for more bicy- • Of the one-third of Seattle residents who bike-share capital of America” in D Magazine. cle paths in the city, reluctantly defunded have tried Limebike: 36 percent were His- the program in late 2016. panic and African American; 32 percent The subsequent history was fairly pre- But the Emerald City tried again, this Asian; and 32 percent Caucasian; and dictable given the absence of protections time under the auspices of the new bike • A rider using Limebike products in con- for such an onslaught. Residents jammed share companies. Armed with more junction with public transit would pay, on 311 phone numbers, complaining about the resources, better technology, experience average, 80 percent less than the cost of swarms of brightly-colored cycles, many of gained in markets around the world, and owning and operating a personal vehicle.54 which were not moved for weeks on end, perhaps most importantly, dockless bikes, clogging their sidewalks and encroaching these entities took the risk in 2017. They The revised program expanded beyond on open spaces. War against the uninvited now seem to be succeeding. what the Seattle Department of Transpor- vehicles seemed to become a local pas- Seattle’s recently-updated bike share tation had initially envisioned. The city’s time. Many were tossed aside, vandalized program is one of the nation’s most devel- sharing program now includes “shareable and even conscripted into ad hoc artistic oped—and most progressive. Following a mobility devices, such as tricycles, handcy- installations. Far from being a cost-free one-year pilot period, the city passed its cles, tandem cycles, electric scooters, and enhancement to the city, as promised by amended “free-foating” bike ordinance others,” intended in part to provide shar- the companies, the dockless bikes were a on July 30, 2018. It projects a doubling of able transportation for disabled residents. political and economic liability. the city’s already-ambitious program, from In June 2018, the Dallas City Council 10,000 cycles to 20,000. Instead of rela- Oklahoma City-Give the Public What passed an ordinance imposing an $808 per- tively modest initial payments (fees, bonds they Want mitting fee any company seeking entry into and/or deposits) specifed under most other One of the latest jurisdictions to see an their market, coupled with a $21 per bike city’s policies, Seattle envisions a hefy ante overnight invasion by this new technology charge. That step was too much for three of totaling $1 million for the 20,000 bikes is Oklahoma City. In mid-July 2018, Bird the fve companies, who rapidly departed.52 in its program—assumed to be $250,000 placed several hundred electric scooters Only Lime and VBike now remain, with a from 4 primary vendors, each providing continued on page 26 September/October 2018 Vol. 59 No. 5 25 $1 TO START Cont'd from page 25 meeting on September 11 and adoption by by bill number a variety of attempted on the city’s sidewalks and open spaces, September 25. 57 preemptive regulations around the coun- without any advance notice or discussion try that NABSA has helped to scuttle. with ofcials. Although Oklahoma City The Ordinances: These case studies, and 60 Moreover, NABSA provides its own apparently did not already have in place a many more, merely reveal what is hiding in useful list of provisions to consider when Coronado, California-type ordinance on its plain sight: although some cities have not drafing bike share ordinances. books allowing the seizure of unauthorized successfully launched bikeshare programs, in objects in its public right of way, it rapidly most places the public wants to enjoy this new •Keeping the barbarians outside the gate: passed such a regulation. In an emergency modality. Rebufng that enthusiasm will not Municipal lawyers around the country have session, the City Council unanimously garner votes for an elected ofcial--and will witnessed bikeshare companies placing enacted a measure giving Public Safety not result in compliments to his municipal le- their proft-generating devices, in now-fa- workers the latitude to confscate Bird scoot- gal team. The government attorney’s mission, miliar orange, green, yellow or black trade ers and charge the company for collection in the vast majority of jurisdictions, will not dress, in an unsuspecting town. The com- and storage costs. be to squelch shared bikes but to fnd a way panies are hardly bashful about such an That solidarity did not last. A day later, a to get to yes. Many noteworthy examples can approach, as indicated in the Bird spokes- single councilman pressed for, and achieved, be found—Austin, Boulder, 58 Chicago and man’s comment above. Without a preexist- a one-week reprieve to allow the parties to Washington DC each have useful precedents, ing defensive strategy, municipalities can discuss the situation and derive a mutual- for example. They address many of the items be sitting ducks for such app-driven in- ly-acceptable compromise. A more telling fagged below. cursions. One elemental mechanism that barometer of the ultimate outcome was would seem useful is a blanket prohibition provided by the city’s mayor, who acknowl- 1. Preliminary issues: against stealth placement of unlicensed or edged openly that the city’s residents wanted unpermitted bikes and the like on a mu- the devices. • What does the statehouse say? While it nicipality’s public spaces--with the locality As one local media outlet describes it, might seem intuitively obvious that local having the authority to confscate and hold the onslaught is not bad for the city, and is voters and ofcials can best determine how such items for redemption without further actually forcing it to move towards a new and where bicycles should operate within notice, pending negotiation of a mutual- paradigm that it might not otherwise have their municipality, it would be unwise to ly-acceptable agreement. Cities with these achieved: develop a local bikeshare program without pre-existing shields such as Coronado have considering preemption. As indicated in the upper hand in subsequent discussions. The upside of these operators is great the Washington State legislative activity Without such provisions, emergency regu- for cities like Oklahoma City that is described above, the defnition of what con- lations and cease and desist demands be- attempting to reverse decades of heavily stitutes a “bicycle” is likely to be a matter of come a necessary predicate for confscatory auto-centric design. The city sprawled to federal and/or state prerogative. Defning steps—an approach that has also ultimately 221 square miles for 40 years without any “e-bicycle” or “e-scooter” (or “motorized led to success in many jurisdictions. albeit sidewalk requirements. skateboard” for that matter) may not have not as immediate. Legal maneuvering The city is just now fguring out how to been well defned yet at the statehouse, can easily become complicated: in July, properly design bike lanes afer attempt- but will likely be decided there. So may Milwaukee sued Bird for penalties of $200 ing the derided sharrow lanes that make issues such as required bike safety features, per infraction for some 6900 instances of bicyclists feel no safer sharing lanes with allowable ages of bike share users, mandat- illegal Bird scooter rentals in the city; that vehicles. The Oklahoma City Planning ed insurance coverages, parameters of bike case has been removed to federal court. Department unveiled a comprehensive usage data programs, spacing necessary for And the city’s efort to put the onus on plan for improving pedestrian and bicycle ADA compliance, and much more. Check- riders by threatening fnes of $98.80 for infrastructure throughout the city. ing for appropriate state—and occasionally using unauthorized e-scooters was objected The timing couldn’t be better for a federal—preemptive regulations is essential to by local residents.61 company like Bird to approach the city, before spinning municipal wheels drafing as did their competitor, Lime, to adapt unenforceable home-grown provisions. • Avoid the bleeding edge: The pressure the plan so bike lanes and infrastructure to provide constituents with access to this can accommodate scooters. Oklahoma One somewhat surprising ally in the high-profle innovation may impel rapid City, with ample downtown plazas, new preemption inquiry is the North Ameri- action. But localities will require a cost-ben- sidewalks and embrace of eforts to reduce can Bike Share Association (NABSA),59 a eft analysis before signifcant resources reliance on vehicles is a perfect test case one-year old industry trade group headquar- are allocated to such an initiative. On the for these companies to come up with a tered in Maine. Unlike trade associations expense side of the ledger, a comprehen- template for the country.55 representing many other innovations which sive understanding of the manpower and On August 23, the city announced have elbowed their way into the municipal logistics involved in a bike share program— that it had granted Bird the right to place cosmos (fracking, drones, Uber, and Airb- including enforcement, once ordinances its e-scooters at 15 locations afer having nb come to mind), NABSA has not sought are drafed–is needed in order to avoid un- received “no objection” letters from nearby to end-around local autonomy by cutting derstating potential costs (both economic property owners.56 Oklahoma City has now deals with overreaching state legislators. In and political) to the municipality. On the drafed a proposed “shared vehicle ordi- fact, the NABSA website specifcally afrms income side of things, a survey of pricing nance” for consideration at a city council its support of local governments, listing paid by bike share companies in other 26 Municipal Lawyer communities will reveal a wide range; it their initial codifcation, particularly until ing a permit to operate its bike share will be useful to gauge the market before pilot programs are evaluated. They can program, must the operator be qualifed settling for a paltry fxed sum or unnec- defer the crafing of more specifc elements as a foreign corporation with the state, essarily low per-bike fgure. Where such until later—or, as Tucson recently did, must an agent for service of process be data cannot easily be discerned on day simply provide that any agreement signed by designated and must it register with one, latitude can be preserved in pricing the municipality with a bikeshare provider the municipality for a business license; provisions, allowing for future increas- will address those elements, many of which must each bike have an individual es. Flexibility may also be important are described below. permit and be separately registered; in the context of another early-mover must permitting be renewed annually deal tendency: exclusivity. Ample room 2. Defning the Program: As data from pilot or on some other periodic basis; how should be allowed for other programs and programs is harvested and analyzed, the and when can permits be revoked; and next-generation innovations. scope of a longer-term programs can be bet- so on. ter-defned: how many bikes will be needed •Engagement before marriage: While or allowed (while too many will result in 5. Fees, Bonds, Deposits, Insurance: The many municipal regulatory schemes will glut and clutter, too few will prevent critical fnancial elements must be determined: include similar terms, each locality has mass); where should they be dispersed how much will the permitting fee be; diferent topologies, demographics, pub- (commercial areas and neighborhoods in what fee structure will be needed to cov- lic transport infrastructure--and culture. the center city may welcome them, while er the municipality’s costs; will the fee It will be critical, while preventing unau- wealthy enclaves may have less interest); include a base amount plus per-bike fees thorized invasion onto a city’s streets, to will bikes, scooters, and other conveyances or some other mechanism; how large of have a well-defned pilot program giving be included; will they be docked and/or a bond will be required, and how will the municipality time to test one or more dockless; must bikes lock to a structure; will it be calculated; what sort of property, bikeshare candidates: what impact is the program be limited to specifc providers casualty and comprehensive coverages the program having on trafc, safety, or open to virtually any qualifed entrant; will be necessary; and so on. sidewalk congestion, and business; is the will the program need to be self-sustaining company making good on its commit- or can the municipality expend funds to add 6. Rider Qualifcation and Safety: Rider ments; do residents and tourists like and this amenity; will the operators be required qualifcations and responsibilities must use the service; and so on. to allocate devices and free use time to be addressed: must they carry drivers’ non-profts and low-income communities; licenses; will riders below the age of In that regard, Baltimore provides a will the program serve those without smart- [18] (or below [16] if accompanied by good example. On August 15, 2018 phones and credit cards; will employment an adult) be allowed; must riders view a it signed a six-month pilot program of local low-income residents be mandatory; tutorial, acknowledge that they will not agreement with Bird. It calls for 1,000 and so on. As NACTO stresses, bikeshare perform stunts, carry additional people e-scooters to be placed around the city, is not merely a recreational or peripheral or operate the devices while under the allocated to low-income neighborhoods feature to be viewed in its own silo; it should infuence; must they agree to ride and as well as afuent. Riders must be be assessed as part of the larger municipal park only where permitted; must they apprised of rules, including a prohibi- transportation environment. wear helmets; and so on. tion against riding on sidewalks. The city receives $20,000 up-front, followed 3. De fning the “Bikes”: How will the con- 7. Tracking, Identifcation and Data: by $1 per day for each of Bird’s “dock- veyances in the program be defned—much The ability to identify and track bikes less vehicles” operating in Baltimore—a of which may already be answered by federal must be addressed: must each bike pricing scheme that Bird has followed and state codifcation as described above; will be equipped with its own individual in Memphis 62 and other cities. The Segways, single-wheel devices, handcycles, electronic identifer and GPS tracking package could conceivably bring a total tandem cycles and other iterations be covered; capability; must each transmit contin- of $200,000 to city cofers—presumably will foot-powered, battery/electric powered uously its path and position, allowing enough to cover resulting enforcement (and potentially, internal combustion devices) the capture of aggregated data regarding costs—and indicative of the proft oppor- be included; and so on. The specifcations bike share trafc patterns; must that tunities sensed by the e-scooter compa- and attributes of permitted cycles and scooters data be shared (in real time/promptly) nies. Baltimore is held harmless and must be established: beyond complying with with city transportation and planning indemnifed against virtually any type federal, state and industry standards for personnel (subject to confdentiality of loss or expense arising from the use strength/sturdiness/dimensions/braking protections from other bike share com- or presence of Bird’s devices and has power; how many gears must bikes have; what petitors); what steps will be taken to ample rights to curtail the Bird relation- signage or labels must be afxed; what light- avoid capture of personally-identifable ship in the event of noncompliance. ing, cargo baskets, bells or warning devices information associable with specifc • The Ordinance need not answer and the like must be included; and so on. bike trips; what data storage, open every question: While the immediate 4. Licensing and Permits: The standards meetings and FOIA implications must pressure is to create a barrier to over- and qualifcations for licensing must be be considered; what communication night intrusion and unregulated activity, determined: what fnancial attributes protocols will be required (the current ordinance drafers need not feel the must be shown via audited fnancial industry standard is the aforementioned compulsion to address every nuance in statements, if any; in addition to hav- continued on page 28 September/October 2018 Vol. 59 No. 5 27 $1 TO START Cont'd from page 27 beneft everyone. Bikeshare-fueled tourism, 11. https://hamilton.socialbicycles.com/ GBFS protocol, but legacy systems with people journeying to places previously 12. https://bluebikesnola.com still abound); and so on. thought to be too costly or out of the way, 13. Colin K. Hughes, Bike Share: The is undoubtedly bringing new dollars to our Dawn of the Dockless Bike (and the Death 8. Logistics: Bicycle fow, parking, communities. And anyone who has seen of Dock-Blocking), May 7, 2017 https:// maintenance and charging (where the delighted expressions of people riding medium.com/social-bicycles/bikeshare- applicable) must be determined: will electric bikes and scooters around our cities the-dawn-of-the-smartbike-and-the-death- riding and/or parking bikes be pro- (in particular those of an age who might nev- of-dock-blocking-9f52bb642ae hibited in some areas (or heavily dis- er have envisioned themselves again being 14. Id. couraged, such as via the $10 charge so insouciant) must acknowledge that they 15. No. 158295 (Sup.Ct. NY Co., May that New Orleans’ Blue Bike program are here to stay. The challenge is to devise 17, 2017). charges noncompliant parkers); will rules which allow this innovation while 16. Id. geo-fencing be required in the bikes’ maintaining order and not abdicating safety. 17. https://www.divvybikes.com/part- GPS/app interface to alert riders to It is a mission to which municipal lawyers ners no ride/no park areas (and apprise are well-suited, and one which IMLA and its 18. https://NACTO.org/bike-share-sta- them of additional fees if they do so); members are already pursuing. tistics-2017 (“NACTO Report”) will operators be required to “re-bal- 19. Id. ance” bike availability (moving them Notes 20. Id. back up hilly areas or to outlying or 1. www.citibikenyc.com/ 21. https://www.fordgobike.com/about low-income areas from center-city 2. www.capitalbikeshare.com/ 22. NACTO Report, supra note 18. aggregation points); will operators be 3. Adam Russell, New bikeshare data 23. The North American Bike Share required to retrieve damaged, “dead,” standard opens doors for apps and analysis, Association (NABSA-www.NABSA. and impermissibly parked bikes; will Mobilitylab, May 4, 2016 https://mobili- net) states that there are 130 bikeshare operators be allowed to pay the public tylab.org/2016/05/04/new-bikeshare-da- locations in the US; that data is more to move and/or recharge bikes; how ta-standard-gbfs/ than a year old. will Uber-and Lyf-type food and par- 4. Carol Matlack, Stefan Nicola, and 24. NACTO Report, supra note 18. cel delivery services be incorporated; Ania Nussbaum, Bike-Sharing Upstarts 25. Id. what policies will be needed for snow are Flooding Europe with Cheap Cycles, 26. www.rideindego.com. The regular and weather emergencies; what scope BLOOMBERG BUSINESSWEEK, November 10, price is $17 per month. of customer service and repair staf 2017. 27. www.capitalbikeshare.com will be required; and so on. 5. Heather Somerville, Scooter Startup 28. www.li.me.com Bird Raises $300 Million in Latest Round, 29. https://www.cityofchicago.org/ 9. Fines, Confscation, and Disposal: US NEWS & WORLD REPORT, June 28, city/en/depts/cdot/provdrs/bike/ The municipality’s policing authority 2018, https://www.usnews.com/news/ news/2018/may/city-of-chicago-pilot- must be spelled out: what fnes will technology/articles/2018-06-28/scooter- project-for--dockless--bike-rental-starts-. be assessed if damaged, dead and/or startup-bird-raises-300-million-in-latest- html impermissibly parked bicycles are not funding-round 30. Taylor Lorenz, Electric Scotter timely retrieved by the operator; what 6. https://www.bloomberg.com/news/ Charging Culture is Out of Control, ATLAN- labor charges will be assessed if the articles/2018-04-04/mobike-turned-crazy- TIC, May 20, 2018 https://www.theatlan- municipality has to undertake such idea-into-3-billion-startup-in-three-years tic.com/technology/archive/2018/05/ retrieval; what sort of notice to the 7.https://www.cnet.com/news/google- charging-electric-scooters-is-a-cutthroat- operator will be required; what sort and-uber-invest-335-million-in-lime-scoot- business/560747/ of legal process will be necessary; how ers/ 31. Anousha Sakoui and Edvard Petterssen, long will the operator have to redeem 8. Rob Nikolewski, How can dockless bike Now the Personal Injury Lawyers Have Scooters confscated bikes from the municipali- and scooter companies make money?, SAN in their Sights, Bloomberg.com, June 12, ty before they can be sold or disposed DIEGO TRIBUNE, April 15, 2018, http:// 2018 https://www.bloomberg.com/news/ of; will the municipality have the au- www.sandiegouniontribune.com/busi- articles/2018-06-12/now-the-personal-inju- thority to (or authority to require the ness/energy-green/sd-f-dockless-proft- ry-lawyers-have-scooters-in-their-sights operator to) disable the app within its able-20180415-story.html 32. Andrew Small, Lyf Just Became Amer- jurisdiction; what will the penalties 9. Tom Huddleston, Jr., Uber and Al- ica’s Biggest Bikeshare Company, Citylab, be for using municipal facilities to phabet just invested $335 million in Lime July 2, 2018 https://www.citylab.com/ recharge bikes; and so on. — here’s why scooter start-ups are suddenly transportation/2018/07/lyf-buys-moti- CONCLUSION worth billions, July 13, 2018 https://www. vate-bikesharing-systems/564347/ The above elements, and others, can be cnbc.com/2018/07/11/lime-bird-spin- 33. www.socialcycles.com; www.jump- woven into an efective regulatory scheme why-scooter-start-ups-are-suddenly-worth- bikes.com allowing municipalities and their residents billions.html 34. Molly Wood, Stephanie Hughes and to experience the continuing evolution of 10. Josh Constine, Boosted Boards Shaheen Ainpour, Is Uber disrupting itself shared mobility. The impact of bikeshare founders launch heavy-duty scooter renter with its bike share investment?, Market- seems overwhelmingly positive; removing Skip, May 7, 2018 https://techcrunch. place Tech, May 21, 2018 https://www. cars from city streets should ultimately com/2018/05/17/skip-scooters/ marketplace.org/2018/05/21/tech/ 28 Municipal Lawyer uber-disrupting-itself-bike-share-invest- com, Jul. 4, 2018. ment 52. Leif Reigstad, The Rise and Fall of 35. https://www.bcycle.com/ Dockless Bike Sharing in Dallas, texasmonth- 36. https://www.ofo.com/us/en ly.com, Aug. 8, 2018. 37. Eliot, Why China Bikeshare Giant 53. Andrew Small, The Four Horsemen of Ofo is Scaling Back Operations in the US, the Apocalypse, Citylab.com, Jan. 31, 2017 WALL STREET JOURNAL, July 21, 2018 https://www.citylab.com/transporta- 38. Taameen Mohammad, Surplus of tion/2017/01/seattle-bike-share-pronto- Dockless Bikes for Sale in Virginia Afer goes-under/513575/ Company Had to Leave DC, July 21, 54. http://mynorthwest.com/1064250/ 2018. council-ofcial-bikeshare-ordinance/ 39. Chris Ciof, 2 Dockless Bike 55. Steve Lackmeyer, Company’s Scooter Companies Leaving DC, Citing Regula- Drop Raises Questions Here and in Other tions, nbcwashington.com, July 25, 2018 Cities, THE OKLAHOMAN, Aug. 7, 2018, https://www.nbcwashington.com/ https://newsok.com/article/5603893/ news/local/Second-Dockless-Bike- companys-scooter-drop-raises-questions- share-Company-Rolls-Out-of-DC-Cit- here-and-in-other-cities ing-Stringent--489149941.html 56. Oklahoma City permits rental locations 40. https://www.li.me/smart-mobili- for electric scooters, the republic.com, Au- ty-feet gust 23, 2018 http://www.therepub- 41. Dara Kerr, Uber’s next big thing is lic.com/2018/08/23/ok-electric-scoot- Lime scooters to get around town, Cnet, ers-oklahoma-city-2/ July 9, 2018, 57. City leaders propose ordinance for rental https://www.cnet.com/news/google- motorized scooters, kfor-tv, August 28, and-uber-invest-335-million-in-lime- 2018 https://kfor.com/2018/08/28/ scooters/ city-leaders-propose-ordinance-re- 42. Id. garding-rental-motorized-scoot- 43. Jamie McGee, In Nashville’s electric ers/; the ordinance is described at scooter debate, residents question ability to https://agenda.okc.gov/sirepub/ enforce violations, THE TENNESSEAN, July cache/2/ajn5ammwcjnpmbyxl1urc- 11, 2018 https://www.jsonline.com/ pa0/416539408292018074912671. story/news/2018/07/11/bird-elec- pdf#xml=http://agenda.okc.gov/SIRE- tric-scooters-nashville-enforcement-vio- Pub/cache\2\ajn5ammwcjnpmbyx- lations/772852002/ l1urcpa0\416539408292018074912671. 44. https://www.washingtonpost.com/ xml news/innovations/wp/2018/06/22/ 58. https://www-static.boulder- electric-scooter-companies-conquer- colorado.gov/docs/Errata_Sheet_ with-a-simple-strategy-act-frst-answer- Ord_8246_6.12.18_mtg_dock- questions-later/?utm_term=.8eaf- less_bike_share-2830-1-201806121602. b0e56a25 pdf?_ga=2.264682383.1630609599.1535590012- 45. https://skipscotters.com/ 931799064.1535590012 46. Josh Constine, Boosted Boards found- 59. www.NABSA.net ers launch heavy-duty scooter renter Skip, 60. Id. https://techcrunch.com/2018/05/17/ 61. Suzanne Spencer and Katie Delong, skip-scooters/, May 7, 2018. ‘Pure arrogance:’ City ofcials warn Bird 47. Skipscooters, supra note 45. The scooters illegal in Milwaukee; operators sub- website’s form requests “Tell us there’s a ject to $98 fne, fox6now, June 28, 2018, HAVE A JOB POSITION problem with a Skip scooter!” https://fox6now.com/2018/06/28/ THAT YOU NEED TO FILL? 48. Bluegogo, another Chinese startup, at- city-ofcials-warn-bird-scooters-illegal- tempted to enter the San Francisco market in-milwaukee-operators-subject-to-98- Use IMLA’s job board to reach in late 2016 without notifying local authori- fne/ top quality candidates. ties. It was rebufed and removed its cycles 62. The Memphis-Bird interim operating Take advantage of our 20% from the city. agreement was signed on June 15, 2018 discount until October 31, 2018. 49. 15 U.S.C. §1585. by Mayor Jim Strickland https://drive. Promo code: WH6DW99Z. 50. http://lawflesext.leg.wa.gov/bien- google.com/fle/d/1uorfIj1XxI0fGwnz- nium/2017-18/Pdf/Bill%20Reports/ kQHJGIxo6Br_4SvC/view. Phone: 202.466.5424 House/6434-S.E%20HBR%20APH%20 Fax: 202. 785.0152 18.pdf E-mail: [email protected] Dockless bicycles impound- 51. Gustavo Solis, Website: www.imla.org ed in Coronado headed for scrap pile, latimes. September/October 2018 Vol. 59 No. 5 29