After years of labor to ascertain that the Metropolis of Portland’s transportation bureau was not following by way of with authorized obligations outlined in what’s generally known as the “Bike Invoice,” and with a settlement negotiated and authorized by the Metropolis Lawyer and prime management on the Portland Bureau of Transportation, advocates anticipated this week to be considered one of celebration.
As a substitute, they’re left in limbo attributable to a extremely sudden transfer from Portland Metropolis Council.
Nonprofit BikeLoud PDX and their lead attorneys on the lawsuit — Scott Kocher of Discussion board Legislation Group and Chris Thomas of Thomas, Coon, Newton & Frost — had a date (October fifteenth) on the town council agenda the place council members have been anticipated to rubber-stamp what would have been probably the most consequential transportation-related authorized choices within the historical past of Portland. Approval of economic settlements are often a weekly council train and most are topic to no debate.
Kocher and BikeLoud had already begun to plan a PR technique across the determination once they obtained phrase from the Metropolis Lawyer that the settlement had been rejected by metropolis council.
BikeLoud filed a lawsuit towards the Metropolis of Portland in 2022, alleging that PBOT had repeatedly not met necessities specified by Oregon Revised Statute 366.514, extra generally generally known as the Oregon Bicycle Invoice. Sponsored by a (Republican!) Oregon lawmaker in 1971, the invoice sought to ensure highway authorities invested a minimal of 1% of main freeway undertaking prices into bicycle and pedestrian infrastructure. Extra germane to this lawsuit, the regulation requires bicycle and pedestrian amenities each time a road is “constructed, reconstructed, or relocated,” with slender exceptions.
With the assistance of volunteer advocates from BikeLoud, Kocher painstakingly cataloged quite a few accomplished tasks the place he may show the Bike Invoice ought to have utilized, however the place PBOT didn’t make the required investments in bike infrastructure. Metropolis attorneys fought vociferously for dismissal of the lawsuit on grounds that BikeLoud didn’t have authorized standing to pursue the case. In Might 2023, a Multnomah County Decide affirmed BikeLoud’s standing and permitted them to proceed with the case.
Kocher and BikeLoud spent the final two years engaged on the case. They discovered particular person plaintiffs prepared so as to add their names to the lawsuit as being negatively impacted by the shortage of motorbike amenities on particular roads. They participated in hours of depositions with top-level PBOT workers. And their work paid off when the Metropolis Lawyer agreed to enter settlement negotiations. That course of took a whole bunch of hours of labor, and in keeping with Kocher (who represented the case professional bono), the 2 sides in the end hammered out an settlement.
From what I’ve realized, the settlement agreed to by PBOT and BikeLoud would have included a number of million {dollars} in particular planning and capital tasks together with: $3 million to improve neighborhood greenway routes utilized by weekly bike buses, $2 million of investments on Sandy Blvd in reference to upcoming paving and sewer tasks, varied commitments associated to the 82nd Avenue undertaking, and $1 million for neighborhood greenway upgrades round Hawthorne Boulevard. Along with these investments, PBOT would additionally conform to an inner determination making course of that may guarantee compliance with the Bike Invoice going ahead.
Kocher advised me in an interview this week each side compromised and regarded to seek out “win-wins” that helped biking on the whole and would bolster tasks and insurance policies PBOT was already invested in.
That’s why Kocher was blindsided when he realized council voted it down.
As a result of these settlement choices usually are not made in public metropolis council session, I don’t have all the main points on what occurred. I’ve realized that attributable to quorum guidelines, the town holds two separate conferences with six councilors every (generally known as “six and 6” groupings). It was in these conferences the place the settlement was mentioned. Councilor Sameer Kanal was one of many councilors who was uncomfortable transferring it ahead presently. In a dialog final week, he stated he doesn’t imagine the settlement is lifeless, however that it’s merely been delayed so council can get questions answered.
In line with Kanal, the BikeLoud settlement was sophisticated and distinctive relative to others they usually approve. As a result of it might pressure the Metropolis of Portland to make particular coverage modifications and undertaking investments (one thing Kanal just isn’t essentially against), Kanal believes it warrants extra consideration by council.
Looming over this difficulty are questions of metropolis governance. That’s, what energy do council members should influence choices already made by the executive wing of the town? We’ve seen this play out a number of occasions in high-profile circumstances currently: A plan by an workplace overseen by Mayor Keith Wilson to take away diverters in Northwest Portland was strongly opposed by councilors who felt it was administrative overreach and that council members ought to have energy to make that call. A call by PBOT and Mayor Wilson to increase paid parking hours to steadiness the funds was additionally opposed by metropolis council members, who in the end reversed it.
Kocher believes that is one other instance of stress between the executive and legislative arms of metropolis authorities.
“It’s extraordinarily uncommon for council to not approve a settlement that has been reached and advisable by the town lawyer,” Kocher shared with me in an interview Thursday. “It’s regarding that it didn’t occur in a well timed style on this case and we are attempting to be taught extra whether or not this can be a case of miscommunication, or whether or not council is definitely rejecting the recommendation of the town lawyer.”
“The settlement is the results of a multi-year litigation course of,” Kocher continued. “It was reached after in depth negotiations with top-level management on each side, so it’s unclear how a settlement might be reached after which not have it’s authorized.”
The best way Kocher sees it, the settlement comes with important advantages for each side that may all be misplaced if the case goes to trial.
At this level, Kocher and BikeLoud are nonetheless at the hours of darkness and are ready for extra solutions.
Within the meantime, BikeLoud is planning to rally in entrance of Metropolis Corridor this Wednesday (10/22) at 9:00 am. They plan to talk about the difficulty after which ship a letter to metropolis council. Keep tuned.
