May 10 – May 18, 2018 COMMUNITY STREETCAR COALITION NEWS CLIPS
COMPILED BY
BROADCAST CLIPS
The service that Brink uses to obtain broadcast clips has been malfunctioning this week, and is currently not letting us access any clips.
Broadcast clips from May 10-17 will be added to next week’s clip report.
2
PRINT COVERAGE Rand Paul should race the DC streetcar
Washington Examiner By Philip Wegmann May 17, 2018
John Henry came in second to the steam drill. Garry Kasparov lost to Deep Blue. Arnold Schwarzenegger couldn’t stop Skynet.
Thanks to the relentless advance of technology, man continues to lose to machine. Until now.
From the Senate floor Thursday, Sen. Rand Paul, R-Ky., challenged the D.C. Streetcar to a race.
Well, almost.
“I’ve walked, and I can out-walk it,” Paul bragged during a speech decrying federal spending on the transportation boondoggle. “We’ve actually thought about filming me in a race with the streetcar to see who wins: me walking or it driving.”
The streetcar runs from behind Union Station for a mile down the city’s northeast H-Street corridor. No one really rides it, and almost everyone hates it because it is as slow as it is expensive. Without counting maintenance costs, the streetcar that travels at walking speed cost $200 million to build and loses $8 million annually to run just 2.2 miles.
Most of that money came from the city and at least $1.6 million of it from the federal government. None of the funding has come from passengers. It currently operates fare-free for anyone with the patience or the ignorance needed to stumble aboard.
Inefficiency and that expense has inspired city residents to race the streetcar. Michael Laris of the Washington Post beat it from start to finishon foot. A local running club does wind sprints against the machine. And literally anyone on a bicycle, an Uber, or a bus has probably overtaken the lumbering people mover.
That should give Paul confidence. At 55 years old, the senator seems quite fit. And as he points out, the streetcar isn’t cutting-edge technology.
“Going back to some technology from hundreds of years ago that still requires wires to be running down the street,” Paul said, “is really not a useful expense of government money, and D.C. gets a lot of federal money.” He is right, and that’s why he should race it.
LINK: https://www.washingtonexaminer.com/opinion/rand-paul-should-race-the-d-c-streetcar
3 Kansas City streetcar officials change two stops on proposed extension to Plaza, UMKC
The Kansas City Star By Sarah Gish May 17, 2018
Last month, Kansas City streetcar officials rolled out their plan to extend the route south to the Country Club Plaza and the University of Missouri-Kansas City.
The plan outlined eight stops along the route. On Thursday, the officials announced a new plan that moved two of those stops.
A previously proposed streetcar stop at Linwood Boulevard has been moved two blocks north to 31st Street. Another stop at Emanuel Cleaver II Boulevard has been nudged south, closer to Ward Parkway.
According to streetcar officials, the new stop locations were determined by community input and analysis of a variety of factors, including pedestrian demand, bus routes, economic development and regional connectivity.
The proposed 3.7-mile extension will connect the River Market and UMKC. The targeted completion year is 2023.
The six other previously proposed stops on the route, which mostly follows Main Street, are at 27th Street, Armour Boulevard, 39th Street, 43rd Street, 45th Street and 51st Street.
Some Westport merchants have complained that the stops are too far away to justify the cost of the project, which could exceed $220 million. But streetcar proponents argue that the route will increase foot traffic and boost business.
An ongoing mail-in election is asking voters in the Transportation Development District, a special taxing district surrounding the proposed streetcar extension, to approve a 1 percent sales tax, along with assessments on most commercial and residential properties, to help pay for the project.
Notarized ballots are due June 12. The next public meeting about the streetcar extension is from 4:30 to 6:30 p.m. June 5 at St. Paul's Episcopal Church, 11 E. 40th St. For more info, go to kcstreetcar.org.
LINK: http://www.kansascity.com/news/local/article211355959.html
4 KC streetcar planners finalize eight stops along Main Street extension
Kansas City Business Journal By Elise Reuter May 17, 2018
The final stop locations along the Kansas City streetcar's proposed expansion from Union Station to the University of Missouri-Kansas City's Volker Campus were revealed Thursday. There were few tweaks from the eight proposed stops revealed by the KC streetcar project team last month.
Changes to the 3.5-mile route along Main Street include shifting one of the proposed stops at Linwood Boulevard to 31st Street. While both stops were highly recommended due to the amount of new residential and retail activity in the area, a stop at 31st would link the streetcar to an existing bus route.
The project team also better defined where the streetcar will stop at the County Club Plaza. It will be located on Brookside Boulevard between Emanuel Cleaver II Boulevardand Ward Parkway.
The final list of stops is as follows:
27th Street
31st Street
Armour Boulevard
39th Street
43rd Street
45th Street
Cleaver Boulevard/Ward Parkway
51st Street
The Kansas City Streetcar Authority, the Kansas City Area Transportation Authority, the City of Kansas City and Omaha-based consultant HDR Engineering Inc. will continue to study other details of the extension, such as best lane alignments and how many new vehicles are needed to service the expanded route.
This design phase will continue through 2020. If approved by voters in June, construction is expected to run from 2020 to 2022. The streetcar would then begin operating along the new route in 2023.
LINK: https://www.bizjournals.com/kansascity/news/2018/05/17/kc-streetcar-main-street- extension-stops.html
5 What it will take for Charlotte’s streetcar line to deliver on its promise [SUBSCRIPTION LOCKED]
Charlotte Business Journal By Ashley Fahey May 17, 2018
If a rezoning petition gets the green light at an upcoming Charlotte City Council meeting, one of the first dense, mixed-use projects will break ground near the city’s streetcar line.
NAI Southern Real Estate has proposed a 20-story, 549,628-square-foot office building and a 240-room hotel on a 3.4-acre parcel bounded by Baldwin Avenue and Third and Fourth streets in midtown Charlotte. The site is less than 500 feet from the CityLynx Gold Line, the original 1.5- mile streetcar line that the city opened in 2015 at a cost of $37 million.
But since its opening three years ago, there hasn’t been much real estate development along the often-controversial Gold Line.
The Charlotte Area Transit System says $229.1 million in investment is completed, under construction or planned along the first phase and $166.5 million along the second phase, a 2.5- mile extension that will terminate at the edge of Plaza Midwood and Johnson C. Smith University.
It’s also uncertain what type of development is sought along the streetcar, which has different characteristics than light rail.
“Generally, streetcars are perceived as pedestrian accelerators,” said Taiwo Jaiyeoba, the city’s planning director. “The level of intensity around those stops are not necessarily the same intensity as light-rail stations, where people will stay and do a lot of things. Streetcars are meant to move people quickly.”
But, he continued, as the planning department continues to rework transit-oriented development districts, zoning for areas along the Gold Line will be considered, and those parcels could ultimately be classified as transit-oriented development, or TOD, districts, which are used for the Blue Line. Today, the parcels along the streetcar are primarily pedestrian overlay districts.
NAI’s rezoning request, which seeks to develop an office tower 299 feet in height, has some area residents in neighborhoods like Cherry and Elizabeth concerned about the impact it will have on the local character. Jaiyeoba said those concerns are being considered in the context of the land-use area plan, which does not prohibit the type of project NAI has proposed.
“If we invest so much money in these rail systems, there’s got to be some return on investment with the development,” Jaiyeoba said, adding that any proposed development should also be considered in context with the surrounding neighborhood.
Collin Brown, a land-use attorney with K&L Gates, is working with NAI on the petition, which had its public hearing at City Council’s zoning meeting in April. Brown said a deferral for a vote has been requested to June’s zoning meeting as the developer continues to make tweaks, including more than $2 million in transportation improvements, to the plan.
6 Brown said the type of project NAI has put on the table — a tall, thin office tower versus a short, wide building — is necessary to attract a high-caliber tenant. It’s also a more attractive building design-wise, he continued, which several in the nearby communities say they support.
“An entire block of seven stories or a tall, slender building that takes up less of the block ... it’s a mass versus height question,” Brown said.
But it seems unlikely, even if the petition passes council and is built, that NAI’s project would serve as a catalyst and spur a significant amount of high-density, mixed-use development in midtown or along the streetcar, in part because there are limited land opportunities and because the midtown submarket is so small to begin with, Brown said.
“We haven’t seen transit-oriented development along the streetcar,” he said, adding that the line is an important factor for NAI’s project, but so is the site’s accessibility to Interstate 277 and uptown.
Brown said much of the land in proximity to the streetcar is controlled by Central Piedmont Community College, which is rapidly expanding its midtown campus, and Novant Health, which is building a six-story outpatient heart and vascular and cancer facility adjacent to NAI’s site.
Monica Holmes, planning coordinator at the city, said much still needs to be decided as far as streetcar development standards, but the ultimate goal is for future TOD districts to be applied to the streetcar line.
“We want to figure out what exactly TOD and streetcar together look like,” she said. “Our area plans don’t identify streetcar areas as TOD ... that will change but we’re still figuring out the dots that connect that change.”
LINK: https://www.bizjournals.com/charlotte/news/2018/05/17/what-it-will-take-for-charlottes- streetcar-line-to.html
7 LSU Tram now proposed to be 10-mile express bus route
The Miami Herald By The Associated Press May 16, 2018
The plans for a 3-mile (4.8-kilometer) tram between Louisiana State University and downtown Baton Rouge have morphed into a 10-mile (16-kilometer) express bus route.
The Advocate reports the new plan was announced Tuesday by the Capital Area Transit System chairman, Jim Brandt. Mayor-President Sharon Weston Broome said in February that a streetcar wouldn't be built along Nicholson Drive. Instead, she promised a system of bus rapid transit that would serve a larger number of area residents.
The Capital Area Transit System already had plans to build bus rapid transit routes in another area, and Broome decided it should oversee the new project. The new plan would run the express route from LSU to Airline Highway and would cost up to $50 million.
LINK: http://www.miamiherald.com/news/business/article211251424.html
8 Amid declining transit ridership nationwide, Portland Streetcar sets ridership record in April
Urban Milwaukee By Portland Streetcar May 15, 2018
The Portland Streetcar averaged 16,650 weekday riders in April, setting a record for the city’s 17- year-old system. The high watermark for Portland Streetcar represents a contrast to declining transit ridership in most major cities across the country. Cities that are seeing ridership increase, like Seattle and Houston, are investing in their transit networks by improving service, redesigning networks, and implementing new technology.
“The Streetcar’s success in moving people through and around the central city is clearer than ever,” said Portland City Commissioner Dan Saltzman. “With ridership growing, the Streetcar remains an important tool to fight congestion in our growing city.”
The Streetcar averaged on-time performance of 84 percent in April. The Portland City Council recently approved the purchase of two new cars to add frequency and reliability to the system. Those cars are being built by Brookville Equipment Corporation and are expected to enter service in 2020. In 2017, Portland Streetcar also partnered with Tri-Met and C-TRAN to launch Hop Fastpass, an electronic fare payment system that allows riders to pay with contactless cards or mobile devices.
The previous highest average weekday ridership was 16,351 in February 2017. The Portland Streetcar has provided more than 56 million rides since opening in 2001 and now serves 4.7 million riders per year. Overall ridership increased 9.3 percent in 2017, with nearly the entire increase occurring on the east side.
Daily ridership averages by line:
NS Line: 9,226 A/B Loop: 7,424
When the Portland Streetcar began service in 2001, it was the first of the country’s modern streetcar systems. Over the past 15 years, more than 10 American cities have followed suit and built their own streetcars, with new systems about to open in El Paso, Milwaukee, Oklahoma City, and Tempe. Portland Streetcar’s daily ridership is expected to grow to 20,000 riders by 2025.
For more information on Portland Streetcar statistics and performance, go to: https://portlandstreetcar.org/about-us/ridership-performance
LINK: https://urbanmilwaukee.com/pressrelease/amid-declining-transit-ridership-nationwide- portland-streetcar-sets-ridership-record-in-april/
9
MARTA’s expansion plans for Atlanta: A detailed look
The Atlanta Journal-Constitution By David Wickert May 15, 2018
As The Atlanta Journal-Constitution reported last week, MARTA and Atlanta have recommended construction of 21 miles of light rail and 18 miles of bus rapid transit lines and other transit improvements for the city.
These are the projects recommended for the “More MARTA” half-penny sales tax Atlanta voters approved in 2016. MARTA offered voters a menu of possible projects before the vote. But only now is it finalizing its plans for the $2.5 billion in sales tax proceeds expected over 40 years.
Atlanta Beltline supporters aren’t happy – the list includes only a third of the proposed Beltline Loop light rail line – but supporters of the proposed Clifton Corridor light rail line to the Emory/CDC area are celebrating.
MARTA and Atlanta employees evaluated dozens of potential projects before settling on the proposed list. MARTA plans to solicit public feedback before approving a final list in September.
Here’s a detailed look at what made the recommended list. We’ve included a project description from MARTA for each project, as well as its share of the sales tax proceeds. The figure is just the local share of the construction, operating and maintenance cost for each project, not the total cost. MARTA expects the federal government is to pay half the construction cost.
Light rail
*Campbellton Line: Five miles of in-street light rail service along Campbellton Road between Oakland City Station and Greenbriar Mall. An arterial rapid transit line has been established. It will be upgraded to bus rapid transit and then to light rail in the long run. $263.7 million (light rail only).
*Clifton Corridor: Four miles of grade-separated light rail service from Lindbergh Station to a new station near Emory. $503.6 million.
*Beltline Loop – Northeast: Three miles of in-street running light rail service from Ponce City Market to Lindbergh Station along Atlanta Beltline. $174 million.
*Beltline Loop – Southwest: Four miles of in-street running light rail service along Atlanta Beltline from roughly I-20 to Oakland City Station. $196.2 million.
*Crosstown Downtown West Extension: Three miles of in-street light rail service from the Atlanta Streetcar to the Atlanta Beltline – Southwest. $171.6 million.
*Crosstown Downtown East Extension: Two miles of in-street light rail service from the Atlanta Streetcar to Ponce City Market along Atlanta Beltline – Northeast. $189.8 million.
10 *Atlanta Streetcar operations: MARTA will begin operating the streetcar on July 1. $100 million.
Bus rapid transit
*Campbellton Line: Five miles of in-street bus rapid transit service along Campbellton Road between Oakland City Station and Greenbriar Mall. The line began as arterial rapid transit, but will be upgraded to BRT and later to light rail. $130 million (bus rapid transit only).
*Capitol Avenue Line: Three miles of in-street bus rapid transit service along Capitol Avenue/Hank Aaron Drive/Luckie Street from Atlanta Beltline - Southeast to North Avenue. $98.5 million.
*North Avenue Line: Four miles of in-street bus rapid transit service along D.L. Hollowell Parkway/North Avenue from Bankhead Station to Atlanta Beltline – Northeast. $119.5 million.
*Northside-Metropolitan Line: Six miles of bus rapid transit from the Atlanta Metropolitan State College (south of I-20) to a new regional bus system transfer point at I-75 north. $94.3 million.
Arterial rapid transit
*Route 510 - Peachtree Buckhead: Arterial rapid transit service from Brookhaven Station to Five Points Station to serve denser residential development in northeastern Buckhead. $21.7 million.
* Route 578 - Cleveland Avenue: Arterial rapid transit service from West End Station to Cleveland Avenue. $37.5 million.
*Route 583 - Campbellton Line: Arterial rapid transit along Campbellton Road from Greenbriar Mall to Oakland City Station. Mostly finished. Will be upgraded to bus rapid transit and, eventually, to light rail. $27.6 million (ART only).
*Route 595 - Metropolitan Parkway: Arterial rapid transit from West End Station along Metropolitan Parkway. $31.6 million.
Other transit improvements
*Bus service improvements: Bus frequency, span of service, and community circulator improvements across routes primarily within the City of Atlanta. Most of these improvements have already been made. $210 million.
*Greenbriar Transit Center: Park and ride transit hub for local or enhanced bus service at Greenbriar Mall along Greenbriar Parkway. $5 million.
*Moores Mill Transit Center: Park and ride transit hub for local or enhanced bus service at Bolton Road and Marietta Boulevard. $2 million.
*Station enhancements: Access, wayfinding, operational, aesthetic improvements across stations within the City of Atlanta. $125 million.
LINK: https://www.myajc.com/blog/commuting/marta-expansion-plans-for-atlanta-detailed- look/PyuO7EtPFU0N4TZEYqNP6H/
11 Adding 21 miles of light rail in Atlanta won’t satisfy Beltline transit advocates
Curbed Atlanta By Sean Keenan May 15, 2018
The City of Atlanta and MARTA have decided that adding 21 miles of light rail to the municipal transit network should be a top priority that deserves TSPLOST funding.
But activists vying for transit along the Beltline aren’t satisfied with the proposal the team whipped up, according to the Atlanta Journal-Constitution. They want to see 22 miles of light rail abutting the planned 22-mile multi-use loop.
Seven miles of light rail are included in the city and MARTA’s tentative plan for transit expansion. So leaders of advocacy group Beltline Rail Now! are harrumphing that less than a third of their expectations could be realized with this tax cash.
Ryan Gravel, the brains behind the Beltline—and now a head of BRN! with ex-Atlanta City Council President Cathy Woolard—told the AJC that earmarking funds for such a small portion of plans that’d been laid out during the transit trail system’s conception is simply “not enough.”
The State of Georgia expects $2.5 billion in tax revenue to be reaped from the TSPLOST— approved in a 2016 referendum by Georgia voters—in the next four decades.
The recently discovered intentions of Atlanta and its transit authority show that MARTA is hearing mixed views about what its riders want. MARTA Board Chairman Robbie Ashe told the AJC the light rail plans are an attempt to “best reflect the [transit] priorities in an equitable fashion and maximize the return on investment from the finite dollars we have.”
Also in the transit plan is a pitch for some $210 million to be spent improving bus routes, although the most crucial changes have already been made. Another $100 million is slated to keep the Atlanta Streetcar up an running.
Below are $11.5 billion worth of proposals deemed important by MARTA, per the AJC:
— The four-mile Clifton Corridor light rail line from MARTA’s Lindbergh station to the Emory University/Centers for Disease Control and Prevention area recently annexed by Atlanta.
— A light rail system stretching from the Clifton Corridor to Campbelltown Road in southwest Atlanta. The network includes the northeast and southwest portions of the proposed Beltline Loop, plus a connecting link through downtown along the existing Atlanta Streetcar route. The streetcar would become part of the light rail network.
— Bus rapid transit lines on Capitol Avenue, North Avenue, and Northside Drive. MARTA also would initially deploy bus rapid transit along Campbellton Road before upgrading the line to light rail. The buses may operate in their own lanes, making the service faster than local bus service.
12 — Three arterial rapid transit bus lines, which would operate in regular traffic but may get priority at traffic signals and other enhancements to keep them moving.
— New bus transfer centers at Greenbriar Mall in southwest Atlanta and Marietta Boulevard in northwest Atlanta, plus numerous enhancements to existing MARTA rail stations.
The Clifton Corridor could reportedly take more than $500 million to develop and maintain, while the entirety of the light rail production mentioned in the proposal could cost $1.5 billion.
And all of this transit expansion would also rely on significant funding from the federal government—about 50 percent of the bill, in fact.
The proposed list of transit priorities will receive public hearings this summer, and MARTA’s board is expected to vote on the plans in September.
LINK: https://atlanta.curbed.com/2018/5/15/17354282/atlanta-beltline-light-rail-transit-proposal
13 KC Streetcar Authority announces summer music series lineup
KSHB By Kailey Godburn May 15, 2018
The Kansas City Streetcar Authority and the Art in the Loop Foundation have announced the 2018 summer music series lineup.
The series is part of the 2018 Art in the Loop Project: KC Plays.
Performances will take place on board the streetcars and at streetcar stops throughout July and August, every Wednesday from 11:30 a.m. to 1:30 p.m. unless otherwise scheduled.
Locations of performances at streetcar stops will be announced on the KC Streetcar website and social media.
Here’s what we know about the schedule so far:
July 18 on board the streetcar: Martha Haehl, Karen Hendricks, and Roberta VonFrance
July 18 5:30 p.m. to 7:30 p.m.: Hammerhedd
July 25 5:30 p.m. to 7:30 p.m.: KC Rumba Collective
Aug. 1: The Center State
Aug. 8 on board the streetcar: Mundo Nouvo
Aug. 15 on board the streetcar: Pink Rova
Aug. 22: The Call Me Sauce
Aug. 29 on board the streetcar: Noah Davis
There will be several genres featured, including folk, hip-hop, soul, rumba, heavy metal, and Afro- Caribbean. Artists will perform both original music and cover popular songs.
“We are excited to bring such a diverse sound of music to our streetcar riders as well as elevate the musical talent our city has to offer," said Donna Mandelbaum, communications director of the KC Streetcar Authority, in a news release. "Our partnership with the Art in the Loop Foundation has helped us enhance the streetcar ridership experience in ways.”
LINK: https://www.kshb.com/news/local-news/kc-streetcar-authority-announces-summer- music-series-lineup
14 Overnight Closure of South Kansas Street Set for Tuesday Night for Streetcar Testing
El Paso Herald-Post No author listed May 14, 2018
Officials with the streetcar project will again be testing the new cars Tuesday night, and some Downtown streets will be closed.
Kansas Street is scheduled to be closed to all traffic between Paisano Drive and Father Rahm Avenue beginning at approximately 10 pm on Tuesday, May 15, 2018, according to the Camino Real Regional Mobility Authority (CRRMA).
Third Avenue and Fourth Avenue will also be closed at Kansas Street. All streets are scheduled to re-open by 6 am on the following day.
These overnight closures are needed to accommodate testing related to the El Paso Streetcar Project. Motorists, pedestrians and cyclists are asked to avoid the area if possible during testing.
CRRMA officials add that temporarily parking restrictions have been marked along Kansas Street and will remain in effect through Wednesday.
LINK: https://elpasoheraldpost.com/overnight-closure-of-south-kansas-street-set-for-tuesday- night-for-streetcar-testing/
15 Downtown streetcar hours to change for summer
KGUN No author listed May 14, 2018
The hours for the downtown streetcar are scheduled to change this week.
Starting on Friday, the streetcar will end service at midnight on the weekends, 8 p.m. on Sundays and 10 p.m. Monday through Thursday.
Sunlink says the change in schedule is because demand decreases during UA's summer break.
Normal hours will resume in August.
LINK: https://www.kgun9.com/news/local-news/downtown-streetcar-hours-to-change-for- summer
16 Bikers say streetcar tracks require a specific approach so you don’t get hurt
KGUN By Claudia Kelly-Bazan and Ivan Rodriguez May 12, 2018
If you've ever ridden your bike downtown, you most likely have come across the streetcar tracks.
A court ruled against a woman who sued after she was hurt while riding her bike over streetcar tracks in Tucson.
Her case made it to the 9th Circuit Court but ruled against her. The Living Streets Alliance says 86 people reported being hurt in 2014 from the Streetcar tracks.
Robert Soto says, "I try to steer clear of those, the tracks."
There are numerous caution traffic signs throughout Downtown, and the recent court ruling means if you're hurt, it's probably you're own fault.
Elijah Katriel and Agostino Minter are from Boston, but they've been living in Tucson for the past four months. Katriel says you just have to "stay aware of the tracks because I've only ever fallen or gotten my front wheel went in the slit once and I sort of vaulted over my handlebars. I wasn't hurt, but there's definitely the chance that can happen."
Katriel and Minter both agree that you have to take a unique way of approaching the Streetcar tracks. They said it's best to take it at a sharp angle. The two compared it to running over hot coals or imagining something like that when you're little.
SunLink says bicyclists were kept in mind when plans for the tracks were drawn. They are advising people to be aware of the signs across town and to cross the tracks in perpendicularly.
LINK: https://www.kgun9.com/news/local-news/bikers-say-streetcar-tracks-require-a-specific- approach-so-you-dont-get-hurt
17 Court rules against Tucson bicyclist who sued after crashing on streetcar track
Arizona Daily Star By Howard Fischer May 10, 2018
If you hurt yourself while riding your bicycle across trolley tracks, it’s probably your own fault.
At least that’s the conclusion of the 9th Circuit Court of Appeals in ruling against a woman who sued after being thrown from her bike when the tire got stuck in the tracks of Tucson’s Sun Link streetcar system.
In a unanimous decision Wednesday, the three-judge panel said it is irrelevant whether the city could have chosen a different design for the tracks that was less likely to cause problems for bicyclists. The judges said as long as the one chosen by Tucson conformed to “applicable design and engineering standards,” the city was entitled to immunity.
Anyway, the judges said, bicyclists were warned of the hazard.
According to court records, Megan McKay, then a student at the University of Arizona, was thrown from her bicycle in 2013 while riding on East University Boulevard after dark when her front tire fell into a streetcar track embedded in the pavement. The rails run through the center of the street, to the left of the bike path, forcing eastbound cyclists to cross the track when passing through the intersection.
McKay said the tire, seizing in the gap in the rails, brought her bike to an abrupt and unexpected stop, throwing her from the bike onto the sidewalk where she struck her head and shoulder. She claimed serious and permanent injuries to her face, teeth, shoulder and collarbone.
In filing suit, McKay said the tracks should have been installed with “protective fillers” in the gaps to protect bicyclists. She also said the area was not properly lighted and that there was insufficient warning to bicyclists.
A trial judge threw out the case, saying the city is entitled to immunity. That sent the issue to the appellate court.
The appellate judges pointed out that in Arizona government agencies and employees are immune from lawsuit for any injury “raising out of a plan or design for construction or maintenance” of roads.
There are two conditions. First, that design has to be “prepared in conformance with generally accepted engineering or design standards in effect at the time.” And second, there must be “reasonably adequate warning … which would allow the public to take suitable precautions.”
All that occurred here, the court concluded.
18 At one point the city was looking at something called a “girder rail,” which has a 1.5-inch gap between the rail and the street. But that was rejected because it was not manufactured in the U.S. and therefore did not qualify for federal stimulus funds.
At a 2010 meeting of the Transit Working Group of the Regional Transportation Authority, there was a discussion about two alternatives, a “block rail” and a “T-rail.” According to the minutes of the meeting, it was mentioned that the T-rail “can cause increased gapping in pavement which is of concern for cyclists.”
Less than a year later, project managers informed the RTA they were going to go ahead with that T-rail design, saying it “meets operational standards, is proven and offers approximately $3.5 million in savings compared to block rail.”
But the appellate judges said the city’s decision to use the T-rail track “does not erase the benefits the Pima County voters perceived when they approved the streetcar project in 2006.”
The judges also said there was evidence that the design met generally accepted standards and it got the approval of the Federal Transit Administration.
The judges said even if a jury could conclude the T-rail presented an “unreasonably dangerous” hazard, that was overcome by evidence of “reasonably adequate warnings,” including pavement markings, lighting at the intersection, a bike island that exceeded industry standards, and a black-and-yellow sign that reads “Tracks in Pavement.” They also rejected a claim by McKay’s hired expert witness that the street markings were “faded from age and abrasion,” citing evidence that the marking had just been installed and had reflective beads.
John McKay, the bicyclist’s attorney and her father , would not comment on the ruling other than to say he will ask the appellate court for a rehearing.
There was no immediate response from city officials to provide recent data on incidents involving bicycles and the streetcar line.
But in 2014, the Living Streets Alliance published a report finding 86 incidents during an 18- month period. That report said all crashes involved bicyclists hitting the pavement after getting wheels caught in the tracks.
LINK: http://tucson.com/news/local/th-circuit-rules-against-tucson-bicyclist-who-sued-over- streetcar/article_5c97f6ad-0fdd-5c48-a6c3-581b407c5757.html
19