Update on Kenneth Bain–His Dad asked Perry to Veto Safe Passing Bill

Kenneth Bain will not be going to trial (at least for Meredith Hatch’s death).  Her husband accepted a deal put forth by the DA.  Recently, cases similar to this had not produced much time at all for the defendants and so the prosecutor worked out the following: 2 years in jail and probation for 10 years during which any infraction would send him back to jail.

If they had gone forward with the case the prosecutor wanted to put Meredith’s children on the stand and her husband did not want the boys to have to endure that.

Below are the original details of this tragedy:

To bring you up to date, the Press was all over Perry’s veto, and my open records acquisition findings.  The story made front page headlines in the San Antonio Express, and front page Metro in the Statesman, and Houston Chronicle.  The blogs like austinontwowheels.com, and ATXBS.com are still buzzing.

One of the opposition emails quoted in the SATX article was written by Kenneth Bain of Duncanville:

The proposed law to fine drivers passing too close to bicyclists is absurd.  I bike all the time and I am smart enough to stay off the streets.  Roads are for vehicles not slow bikes.  I want more bike trails.  This law will drive a larger wedge between motorists &bikers.  You will have radical bikers taking license numbers of cars and reporting them because they thought they passed too close.  If you sign this bill you are letting a small minority rule the voting masses and it will not sit well at election time I can assure you.  Let the bill die.

Kenneth Bain’s son is out on bond for plowing down two cyclists in Grand Prairie a year ago.  Both cyclists were killed on impact.  According to news reports, Kenneth Bain Jr. told the police he was up all night at a Bachelor party (the accident occured at 8:15 a.m.).  Police reported that he  failed a field sobriety test at the scene.  By the looks of his daddy’s SUV,  Kenneth Bain probably didn’t even slow, or brake.  Both cyclists were killed on impact.  He was arrested on two counts of intoxication manslaughter, but was out on 50K bond the very next day.  The original intoxication manslaughter charges have now been reduced to manslaughter.

Where is the outrage ?  I hope that the Dallas/Ft. Worth cycling community is watching this case closely.

Another Open Records Request

So I started my Monday at the Office of Perry’s General Counsel.  Once again they seemed stunned that a constituent would hand deliver such a thing.  Again, they tried to get me to mail it, or email it.  Again I had to insist they take it and give me a dated receipt to prove it.  Come on Perry!  This is something your constituents can legally do.

I am filing this second request for public information under the Texas Public Information Act.  On June 22, 2009 I requested among other things: “….logs of phone calls….regarding any objections and or opposition to SB488-the “safe Passing” legislation recently approved by the Texas Legislation by overwhelming margins.  The phone records received from your office on July 7, 2009 are incomplete.  There are major gaps in the chronological numbering of the phone calls in the logs.

1. Please provide all logs, or documentation of phone calls and office visits regarding any objections and or opposition to SB488.
2. Please indicate how many emails and phone calls received by Gov. Perry’s office in support of SB488.
3. Please indicate how support and opposition for SB488 were recorded.

Included in the records I received were several papers with tick marks (see attached copies).

1. Please explain/indicate if these tick marks were also recorded in the previously submitted phone logs (see attached), or if they were only in regard to the calls immediately prior to the Governor’s veto (as noted on one of the sheets)

It is my understanding that state law requires the reproduction of these records within 10 business days.  Thank you for processing this request for these public documents.  If you have any questions, please contact me at:

The reason for this second request was due to the fact that there are a substantial number of records missing from the Call Logs that they provided.  The only reason I noticed this was because the Governor’s office threw a smokescreen challenging my numbers when the Press descended  upon them.  I went back and scrutinized every single email, and calls, when I noticed that 7 of the opposition emails were regarding another bill entirely, 1 opposition email was counted 4 times, and 1 was actually a proponent.  That brought their total of opposing emails down to a whopping 38!  That is when I discovered the break in the numeric chronology on their call logs.

Please sign the Bike Texas petition here. Over 6,000 signatures and still counting—- We’re not done with you yet Perry…..

Leslie Luciano

ACTION ALERT: Weigh in on the Nueces Bike Boulevard NOW!

Tomorrow is an important meeting with the City to get public input on the Nueces Bike Boulevard. Please take the time to:

1) Email the Austin City Council Now to support the Nueces Bike Boulevard (see below for talking points and more info)

2) Show up to the Nueces Bike Boulevard Open House tomorrow, Wed. December 9th at Pease elementary–1106 rio grande… The Nueces Bike Boulevard has been a no-brainer for bicycle enthusiasts,  downtown boosters and area planners for quite some time. You take a flat street with relatively low auto traffic and scores of existing bike riders looking to get from the UT area to downtown and simply make it a bike-priority street that discourages through auto traffic.

Add quicker travel for bicyclists by removing many of the stop signs, some identity with signage and public art, and things get even more exciting. Phase I would go from 3rd Street to MLK Boulevard, with Phase II possibly heading north to Guadalupe. Unfortunately, some businesses along Nueces are objecting to the idea–saying that it will kill their business, make them liable for bike accidents and even ruin the historic nature of existing buildings.

What? Have you ever had to go a block or two out of your way to get to a business on a one-way street?  This is what some auto drivers may face with the changes.  So please take a moment to contact Austin City Council members and let them know the benefits of the bike boulevard. You can email them all from:  Talking points: * The bike boulevard is a key corridor connecting UT with downtown, and hundreds of cyclists already use it each day. * Removing time- and energy-wasting stop signs for bicyclists and calming the traffic by discouraging “through” auto traffic will attract scores of new riders.

* It’s time that Austin recognized that to maximize the benefits of bicycling–climate and air protection, health, and reduced traffic congestion–it must step up to the plate with significant new bicycle facilities. * The bike boulevard will have a negligible impact on accessibility for autos to businesses and residents. The bike boulevard is worth autos traveling a block or two out of their way!

Both the Downtown Austin Plan and Bicycle Plan list Nueces as a bike boulevard.
Open House and Design Workshops:
The City is asking the public to help design the bicycle boulevard at an upcoming Open House series.

WHERE: Pease Elementary School, at 1106 Rio Grande St .

WHEN:
December 9, 6-8 PM: Project Discussion and Public Design Exercise
January 13, 6-8 PM: Project Discussion and Public Design Exercise
January 27, 6-8 PM: Design Presentation and Final Commenting

Please contact Jason Fialkoff at (512) 974-7060 or Jason.fialkoff@ci.austin.tx.us with any questions or concerns or if you can not attend one of the meetings.

More on Bike Boulevards and more and more and even more! —Leslie Luciano: Director of Advocacy

Has Anyone Seen the Finish Line?

Pumpkin Pie Classic 2009 at Mae Simmons Park – Lubbock, Texas

Margie Nolen (Bicycle Sport Shop), Tommie Richardson (Bicycle Sport Shop), and Heather (our competition)

This race is part of the West Texas Mountain Bike Series… it’s a very low key race with a small town feel.   The race was very different than the TMBRA races that I’m used to… not many racers, maybe 50 or so, no map of the course, no marked start line, and no marked finish line… I couldn’t figure out where we were going to finish.  So I asked some of the guys what we were going to do, while we were lining up at the start line to race.   One guy said, “We ride the west loop once, and then the east loop twice and we finish over there pointing at the sign in table.”  Weird no marked finish line… oh well… I’m just looking to have some fun, so I’m not too worried,
Before the race, I looked at the previous times on the website and Cat 2 women times were coming in at just under 2 hours, so I’m mentally preparing myself for a pace I know I can handle for that long.  All the Cat 2 men and women start at the same time.  For the women, it’s just Tommie and I and our one competition, Heather, another Cat 2 woman.  At the start, Tommie takes off like a bat of hell with the faster guys… I’m just chugging along with an older guy behind me and Heather right in front.  About a minute into the race, Heather slides out on the loose dirt… I pass her and think… she’s not going to be able handle this course… it’s not that technical, but there’s a lot of loose dirt and gravel… I’ll be able to ditch her soon enough…

So now I’m in front, with the older guy behind me, and Heather behind him.  Up and down the rolling hills we go and Heather is still back there… dang it!  Then there were couple of tough, short climbs that I made, I figured she would dab… nope… she’s still hanging in there.  Now, I’m thinking, “Great, so much for the fun race, now I’m gonna have to work, can’t let this gal beat me, if she’s going to beat me, she’s going to have to earn it.”  About 15 minutes into the race, we’re with the wind through a fast, flat, and twisty section, so I gotta try to hammer (OK, OK hammer by my standards), so I put it in the big ring… no luck losing her.  Since, you can see a 100 yards of the course ahead, I watched some guys in front of me struggling up a short climb… sure enough the trail dipped us down and I knew I better get out of the big ring for the short, semi-steep climb, don’t want to dab with her behind me.  Then I finally thought, it’s still early, only 20 minutes into the race, just chill and ride your own race, there’s no one in front of you to mess you up.

We finish the west loop and we pass through the “finish line”, the table that is 5 yards off of the course, so I know we have to do 2 laps of the east loop, which we are racing backwards from how I’ve ridden it the few times in the past.  Shouldn’t be problem I thought, it’s more technical than the west loop we just raced, which should work to my advantage, and there’s no crazy drops or climbs from what I remember.  The trail is pretty loose, so there maybe a few sketchy downhills and some loose climbs that I may have to walk.  Better to be safe I think, gotta remember my #1 goal, stay upright on the bike!

We enter the east loop, and the older guy behind me asks to pass and he goes in front, with Heather still riding behind me.  Then, so much for my #1 goal, on a sketchy downhill, I jack-knifed my front wheel to the left… which sent my flopping over to my right.  Fortunately, I wasn’t going very fast.  Heather asked if I was OK and stopped, I told her I was fine.  I was mad because I figured she would get in front of me now.  For this section of the trail, there’s a lot of mesquite on both sides of the trail, so it’s hard to pass.  Well, she must be very nice or not experienced, because she didn’t pass me (I would have), she waited a few seconds for me to get going on the bike.  So, off we go again, with me in front and her behind.   Not much after that, I dabbed a climb.  She had a chance to pass me while I was walking my bike and she didn’t.  I guess she just doesn’t know that if she wants to pass, she’s gotta jump in front of me.  Then, the trail opened up to a double wide and she passed.  I figured, she had “toyed” with me enough, and she would just pass me and I wouldn’t be able to keep up.  Well, we keep riding and I’m still with her, neither of us could gain anything on the other, we both could climb and we were both a little tentative on the sketchy downhills.  Then, the trail flattened out to fast and twisty and since she was now in front, I took the opportunity to eat some much needed shot bloks.  We were 40 minutes into the race and I figured we had another 50 minutes to an hour to go.  Since I lost a little ground to her slowing down to get my shot blocks, I had to catch back up.  It was at this point that I figured out that I was faster than her on the flat, fast and twisty, because I was catching back up with her… go figure, I thought that was one of my weaknesses.

So we ride together for another 10 minutes or so and she pulls over to let me pass.  WHAT???  I didn’t get it, but I’m not about to stop ask questions, so I pass and now she’s behind me and I’m slowly losing her.  I thought, here’s the time to get her, it’s still flat and twisty, so I put it in the big ring and hoped that there wouldn’t be a sudden climb.  I had just ridden my singlespeed earlier that week and it finally hit me… ride in the big ring like your singlespeed… stand up if you’re losing speed rather than lowering the gear and then get back in the saddle once you can carry the momentum.  I came up to the finish line and still had one more east lap to go and I didn’t see her.  I also realized that we were only an hour into the race and I had saved too much energy, so I could do a faster second lap.  I couldn’t figure out what happened to her, she didn’t seem like she was tired.  Not much after, I caught up with the older guy and passed him on a climb he didn’t make.  Since, I lost my real competition Heather, I figured I would use this guy as my competition now.  We rode a short ways and then there was a long climb on a double wide that I didn’t like the first time I climbed it.  So I had to hammer up it to try and lose him, mission accomplished, I wouldn’t see him again till after the race.

I rode the rest of the race by myself and I tried to stay focused and continue to hammer on the flats in my big ring.  I felt great and I was looking forward to the finish.  I came up to finish line with Tommie taking pics of me.  Apparently she had plenty of time to go to the car, grab the camera and her recovery drink, and get back to the finish line.  Short race, I finished in about 1:30 with still too much left in me, but I didn’t know the course and I thought it be closer to 2 hours.  Tommie was happy to see that I finished before the other gal.  She said she could see her in front of me off and on during the race.  After over 10 minutes of waiting for her to cross the finish line, we finally saw her walking her bike toward the finish line.  She had gotten a flat after I had passed her.  I was bummed, it would have been a lot more entertaining had we been able to continue our battle.  She must have fixed it, rode for awhile, and then it must have gone flat again.  I’ve gotta hand it to her though, she walked her bike all the way to finish line and didn’t DNF.

Wheels and Brauts and Beers Oh My!

RSVP FOR THE DEMO FOR YOUR
CHANCE AT A $25 GIFT CERTIFICATE

Join us tomorrow at the Dirt Derby from 5pm to 9pm.  We will be on site with demo wheels from Edge Composites, Real Ale beer and some grilled deliciousness.  Don’t miss this opportunity to ride the best wheels on the planet.

When: Tuesday, November 17th from 5-9pm

Where: Austin/Del Valle Motocross Park

Why: Because all your friends will laugh at you if you miss this opportunity.

Be sure to check the Dirt Derby’s website for directions and information on the race.

The Gauntlet Has Been Thrown Down.

You know there are not too many days here in Austin, TX that you can’t ride a bike.  I was on the phone with a friend from QBP in Minneapolis, we were discussing 2010 Bicycle Sport Shop Austin Commuter Challenge, and he was telling me about an end of the season challenge they were hosting on GreenLightRide.  I guess he was more “calling me out” than telling me about it.  These guys are tough.  They commute in rain, snow, sleet, and quite often below freezing temperatures.  Not to mention black ice, dogs, squirrels and teenagers with cell phones.

So here’s the deal people.  We can let a bunch of northerners make us look like sissies.  We’re Texans for goodness sakes.  You Californians are gonna have to suck it up.

Competition Details

For every trip you take, you score. The longer your ride, the more points you score. If it was raining, double the mileage. Living in sunny, warm Texas will work against us on this challenge, but what’s a little handicap when you have all that great weather for riding?

Start Date: November 18

End Date: Dec. 30

Number of Scoring Players: 10

Eligible Trip tags: work, errands, recreation

Scoring format: mileage

The QBP Team is the (Long Shadows). They’ve got half a dozen riders so far. I expect them to get a full roster soon.

If you are interested in a little friendly competition to finish up the 2009 riding season register at GreenLightRide to participate.  If you already have a team registered on GreenLightRide join the compete here.  If you want to participate, but are not on a team, I am looking for 9 people that want to kick some notherner butt.  My team is the “Dirty Roosters” – join my team.

“Who’s coming with me man?”

 

Free Food, Free Beer—and a Great Cause for Cyclists

Once again there will be an opportunity this Wednesday and Thursday evening for you to lend a hand to your local cycling community. Before you go and read all of the details let me go ahead and say that like last week there will be free food and beer.

Bike Texas collected thousands of signatures around the state in support of the 3-foot passing law that the state legislature passed overwhelmingly, but then went on to be inexplicably vetoed by our finely coiffed governor.(read about it here)They need our help getting those names and addresses off of the petition and into a database so that there can be another strong push to get this passed next session.

What: Volunteering for 3 hours, entering names from petitions into a database. If you can’t do all three hours, come for an hour or two. Bring your own laptop if you can. If not, they DO have extra computers. The database is a web based system so ANY computer that has a wireless card will work.

When: Wednesday and Thursday November 11th and 12th from 5-8pm.

Where: Bike Texas Offices
1902 East 6th (6th and Chicon)
Austin, Texas 78702

**IMPORTANT**RSVP: mail@biketexas.org (tell them you are from Social Cycling ATX) This really helps them determine how many volunteers they need to accommodate.

BRING A LAPTOP IF YOU HAVE ONE: There are only 6 extra computers. If you have a laptop, bring it so that others without one can help out. Write on the event wall and let me know if you have a laptop or not.

Here’s more about the volunteer opportunities

Help make Texas a safer place to cycle. Hang out with friends in a very relaxed atmosphere. And eat FREE FOOD and drink FREE BEER.

Rocky Hill Roundup

Left to right: Brian Kuehl, Payson McElveen, Craig Kunz and Kevin Fish

It was great showing by Team Bicycle Sport Shop at the Rocky Hill Roundup. Congratulations to all of our racers in the field.

Men’s Pro/Cat 1

4th – Kevin Fish, 6th – Payson McElveen, 7th – Brian Kuehl, 10th – Stewart Stafford

Cat 1 Men 19 – 29

3rd – Luke Yantis, 5th – Scott Schroen

Cat 1 Men 40-49

4th – Christopher Campbell

Single Speed Men 1-99

3rd – Brian Lambert

Cat 2 Men 40-49

9th – Dewayne Marchant, 10th – Blake Roberts

Cat 2 Women 15-18

1st – Nadina Junuzovic

Cat 3 Men 13-14

11th – Jonah Boatman

Cat 3 Men 40-49

21st – Jeff Boatman

 

Real Ale Ride Buys Books for Blanco Library

There are many things to love about the Real Ale Ride.  The beautiful landscape that twists and turns through the hill country, the satisfaction of making it up all the hills without getting off your bike, and the Real Ale Beer and Texas BBQ.  But, the best part about the ride is the community.  Bicycle Sport Shop has had the opportunity to work with the community of Blanco for three years now and it has been a pleasure.  Mayor Tina Gourley and the chamber of commerce have been a huge support and contributor to the success of the ride.

Recently I had the opportunity to visit Blanco and present a $6000 check to the local Library.  Presenting with me was my good friend and co-sponsor of the ride Gabriel Gregerman of the Real Ale Brewing Company.  Jeff Holmes, president of the Friends of the Library and Crystal Spybuck, library director, accepted the check.

I would like to thank all of the participants from the 2009 ride for making that check presentation possible.  We are looking forward to another successful Real Ale Ride in 2010 and have many new additions to this year’s ride.  Be sure to check back for more information on how to register in 2010.

 

 

A Home for unused Bike Parts and a great Cause

This Sunday, from 11am to 3pm, the new HOPE Farmer’s Market (E 5th & Waller) will be collecting bikes and bike parts for an amazing organization, C.A.C.I.T.A. If you or your friends have any unused bikes or bike parts, we can help ya’ll find an amazing home for them!  Any help spreading the word about this is also greatly appreciated!

Hope Farmer’s Market will be the 1st stop on this year’s Urban Farm Bicycle Tour, December 5th!

 

The C.A.C.I.T.A. is a project and open learning space that operates just outside of Oaxaca, Mexico.  The C.A.C.I.T.A., la Centro Autónomo para la Creación Intercultural de Tecnologías Apropiadas- (the Autonomous Centre for the Intercultural Creation of Appropriated Technologies), works to produce technologies and machines that are economically viable and, most importantly, socially and environmentally just.  It is a project that was founded and is run by local Oaxaquenos, and continues to operate thru a simple non-profit volunteer only model today.  They create a host of machines with recycled parts at the C.A.C.I.T.A., which run from bicycle machines that ground wheat, pump water or turn a blender, to dry toilets and solar heated stoves.  These machines are then donated to predominately rural communities that live mostly, but not limitied to, the state of Oaxaca.  However, because of the non-profit nature of the C.A.C.I.T.A., the collective suffers from a lack of materials.

A C.A.C.I.T.A. representative will be passing through Austin November 7th, and 8th, and will be collecting as many used bicycles and parts as possible to take to Mexico.  On behalf of the C.A.C.I.T.A. I can assure you that any donations will be greatly appreciated and will make a significant difference in the functioning capacity of the C.A.C.I.T.A.

 

View this video link to see the great work C.A.C.I.T.A. has been doing.  Thanks for all of the
time and support.

Be Seen Bike Lights

The days are getting shorter again and it’s time to break out the lights. Unless you’ve been hitting the Thursday night rides with Social Cycling ATX you are probably unaware of some of the cool new lighting accessories. Here are a few recommendations from friends and staff.

Daniel Curtin

I use the Planet Bike Blaze headlight and Superflash rear light. I use them/have them on me when I know or think I’ll be out on the bike  before dawn or after dusk–after all, that’s the law in Austin!What I like about them is that they are SUPER bright and use standard batteries that you can pick up at the store. Also, they mount/dismount super easy, and the tail light can attach to anything–bike, bag, shirt, helmet, small fury thing with a collar, etc.

Cedric Knudsen

For commuting I like the Serfas seat stay red blinking light. It is silicone covered, bright and stays on tight with a variety of mounting options.My objective is to be seen, not to see. I also carry a set of small knog backup lights, either on the bike or in my bag for backup.

Be Safe-Be Seen!

“My objective is to be seen, not to see.” Cedric brings up a great point. This is an important question to ask when considering your choices for lights this fall. Your commute may lead you down an unlit street or trail requiring more light.  The NiteRider Trinewt offers a poweful punch encased in a small lightweight shell.

For those of you braving the streets after the time change, Bicycle Sport Shop wants to make sure your safe. That’s why we’re giving away a FlashBak lighting system. If you attend the Social Cycling rides on Thursdays you may have seen a few of these or even had a chance to speak with the inventor, Brad Beneski. Well, now’s your chance to own his lighting system. The FlashBak provides excellent side and rear visibility, attaches to almost anything and can be seen blinking up to 2000 feet away.

“Hey Carter! Give me that light!”

If you want the FlashBak, all you have to do is send me an email telling me why you need it, where the FlashBak will help you get safely. If selected, please let us know how awesome it is. Entries may be submitted through Wednesday, November 11 and the winner will be selected on Friday, November 13th.  All entries will be posted to the blog so be creative. Pictures and video are highly recommended.

send entries to socialmedia@bicyclesportshop.com