TV News - Winter Sidewalk Conditions

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George Rheault

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Mar 3, 2023, 8:33:34 AM3/3/23
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Way to go Johnny!   Johnny Maffei on Twitter: "Story: https://t.co/RiplYKskNu" / Twitter


Occasionally the Sinclair Broadcast Group provides some real public value...

Maya Lena

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Mar 3, 2023, 9:12:04 AM3/3/23
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"The Portland Police Department says you are not allowed to walk on the street even if the sidewalk is covered in snow as it poses a danger to pedestrians and drivers."

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Zack Barowitz

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Mar 3, 2023, 9:18:19 AM3/3/23
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The PPD needs to arrest all wheelchair users. 

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John Brooking

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Mar 3, 2023, 10:02:11 AM3/3/23
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I don’t know what Portland ordinance may say, but that’s not what state statute says:

§2056. Pedestrians


1.  Pedestrian traffic.  When use of a sidewalk next to a public way is practicable, a pedestrian may not walk on that public way.  


2.  Pedestrian on way.  Where sidewalks are not provided, a pedestrian shall walk facing approaching traffic on the left side of the public way or the way's shoulder when practicable. An operator of a motor vehicle who is passing a pedestrian on a public way or the way’s shoulder shall exercise due care by leaving a distance between the motor vehicle and the pedestrian of not less than 3 feet while the motor vehicle is passing the pedestrian. A motor vehicle operator may pass a pedestrian in a no-passing zone only when it is safe to do so. 



I don’t see where that story may allow comments, at least on this phone app. Should we write a letter to the editor to correct this misstatement? Send a communication to the police, asking them to make a correction? To WGME? To the reporter?

After checking to see what Portland ordinance says,  in case there actually is such an ordinance, which would be a problem too. 

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John Brooking
Cyclist, Cycling Educator, Technologist

Maya Lena

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Mar 3, 2023, 10:07:11 AM3/3/23
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I would 100% support writing a letter to issue a correction. I would follow up with the reporter/WGME.

Winston Lumpkins

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Mar 3, 2023, 10:13:03 AM3/3/23
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I've never heard that before- I agree, someone should set the record straight.

"practicable Might be a complex a word for some to understand?  It means "able to be done or put into practice successfully."  Falling on an icy sidewalk, filling your shoes with snow, getting your wheelchair stuck, aggravating an existing injury etc. is not successful. 

For my part, I have a fused ankle, and sometimes simply can't walk on uneven surfaces such as frozen, trampled sidewalks & must walk in the street- walking on such surfaces is not  practicable.  Some times a section of sidewalk next to a busy road is so icy trying to walk on it might cause you to slip, and fall into the street, which would be more dangerous than just walking in the street to begin with.
One of the primary reasons I bother with studded tires on my bike instead of just walking everywhere in the winter is that sometimes sidewalk conditions are such that I can't walk on them... 

I would have liked it if they'd mentioned c-click fix (https://seeclickfix.com/web_portal/9Sds4Ebv9yf9nC8e9yhDf5MP/issues/map?lat=43.65542950555484&lng=-70.25468199973729&max_lat=43.66553524743406&max_lng=-70.23030608420997&min_lat=43.645322062708054&min_lng=-70.27905791526459&zoom=14), an app which you can use to report poor sidewalk conditions.  If it's a city route, they might send someone out to re-plow or sand the sidewalk in question, and if it's not, the city might issue a warning or fine if it's not the first complaint to whomever is responsibility it is to clear the sidewalk.  Staff doesn't have time to check out every sidewalk in the city every day, so that's really the only means of enforcement/getting the city to come back & get a sidewalk snow has been plowed into.



On Fri, Mar 3, 2023 at 9:18 AM Zack Barowitz <zbar...@gmail.com> wrote:

John Clark

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Mar 3, 2023, 10:19:56 AM3/3/23
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I second that I wish they had mentioned how to actually report violations to the city instead of just stating that x amount of reports have been made. I'd be in support of a PBPAC statement regarding the piece.

RE: John Brooking: Their site doesn't allow comments, the only place I can seem to find that has comments is their Facebook post about the story, which is a typical local news Facebook page trainwreck.

Side note, I'd like to know how many of the SeeClickFix reports actually get investigated within 24-48 hours, as anecdotally, most of my reports end up getting looked at 5-7 days later with a "we have found the sidewalk to be in compliance," despite being a disaster up until public works actually comes out and looks at them. 



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Maya Lena

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Mar 3, 2023, 10:24:04 AM3/3/23
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John C.- I have had the same issue with SCF not being investigated until ~5-7  days after I have reported the issue, and by then the snow has melted on its own. On my walk to school with my daughter and some neighbors this morning more than half of the Riggs Street Sidewalk was not adequately cleared. The kids were walking in the snow bank because it was less slippery than the icy sidewalk. The other mother and I opted to walk in the street on the way home because it was much safer. Thankfully Riggs is pretty quiet street!

Maya

Scsmedia

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Mar 3, 2023, 10:28:58 AM3/3/23
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I found these contacts on there contact page.

I would suggest a note to them all citing the state statute.  There would be no city ordinace that would superceed the state statute.

Steen Scharf


George Rheault

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Mar 3, 2023, 10:57:36 AM3/3/23
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Here is the reporter's bio page with contact info:  Johnny Maffei | WGME

I am sure he would love to do follow-up and with a big snow dump coming tomorrow, his editors likely will see it as of continuing relevance.

We all know that the promises DPW made to the Council when the "strengthened" clearing ordinance went into effect have not really been fully honored.

I do know that after a 4 year saga, a commercial property owner in West Bayside near me did receive some multiple fines sufficient for them to finally add in a sidewalk clearing rider to their plowing contract.  It is still not being done to the Cadillac standard of "what if I lived here and used this sidewalk myself every day?" but the property owner is no longer blatantly ignoring the sidewalk areas surrounding their parking lot as they once did.  So the system works once DPW is dragged out enough times to enforce it. 

Winston Lumpkins

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Mar 3, 2023, 11:23:03 AM3/3/23
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I've just sent the following to Johnny Maffei & the news desk email Steven provided above, it might be reasonable for others to send similar emails:

Subject: Correction & context: "always a mess"

Dear Mr. Maffei,
I just watched the recent news bit about Portland's snow covered sidewalks, and wanted to add a bit of context to the story, which is certainly an unfolding one with another storm on the way. 

First of all, thanks for reporting on such a relevant issue, which really everyone in Portland has to deal with, everyone is a pedestrian at some point!

Whomever you spoke with about the legality of walking in the street appears to have misinformed you.  State law says the following:

§2056. Pedestrians


1.  Pedestrian traffic.  When use of a sidewalk next to a public way is practicable, a pedestrian may not walk on that public way.  


2.  Pedestrian on way.  Where sidewalks are not provided, a pedestrian shall walk facing approaching traffic on the left side of the public way or the way's shoulder when practicable. An operator of a motor vehicle who is passing a pedestrian on a public way or the way’s shoulder shall exercise due care by leaving a distance between the motor vehicle and the pedestrian of not less than 3 feet while the motor vehicle is passing the pedestrian. A motor vehicle operator may pass a pedestrian in a no-passing zone only when it is safe to do so. 



Undoubtedly, sometimes Portland's sidewalks are not practicable and therein lies the issue: the impracticability of those sidewalks does put people at risk, as they're forced into the street, which is indeed unsafe.  Imagine for instance someone in a wheelchair- they simply can't risk getting stuck in the snow.  Ultimately, people must make that call themselves: practicability varies from person to person, depending on their physical challenges, and whether they can afford such things as good boots, crampons or even snowshoes, and whether they had the presence of mind to bring those things. 

It's always helpful to mention See Click Fix (https://seeclickfix.com/web_portal/9Sds4Ebv9yf9nC8e9yhDf5MP/issues/map?lat=43.65542950555484&lng=-70.25468199973729&max_lat=43.66553524743406&max_lng=-70.23030608420997&min_lat=43.645322062708054&min_lng=-70.27905791526459&zoom=14), an app which you can use to report poor sidewalk conditions & other issues. Staff doesn't have time to check out every sidewalk in the city every day, so that's really the only means of enforcement/getting the city to come back & get a sidewalk snow has been plowed into.

This page on the city website gives details about the responsibilities of residential & commercial property owners: https://www.portlandmaine.gov/596/Winter-Operations

Thanks for your reporting on this issue,

Sincerely,

~Winston

Winston Lumpkins IV (he/him/his)

Chair, Portland Bicycle & Pedestrian Advisory Committee


Emilie Swenson

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Mar 3, 2023, 11:46:04 AM3/3/23
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That looks great, Winston, thank you!

Also, Forest Ave is absolutely TERRIBLE for pedestrians. I see click fix snow conditions so often along that road (mostly where I notice it the most nearer to my house between Walton and Morrill's Corner). It is also nearly impossible in so many places to get from the sidewalk to the bus at the bus stops (I took the bus most recently from Morrill's last Friday and there is no way that a wheelchair would have been able to get from the sidewalk to the bus safely and it was a stop in the middle of a block so there weren't even any options to go into a street or driveway).  All concerns brought up by folks in that clip! As a parent with a stroller, I once (and never again) tried to walk from my house to the winter farmer's market on Stevens - the sidewalks in Morrill's Corner and beyond were so awful and there was literally no where else to go except into the road with NO shoulder (Morrill's Corner). Terrifying. 

By the second storm of the year I am exhausted by submitting so many see-click-fixes... 


Winston Lumpkins

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Mar 3, 2023, 12:30:44 PM3/3/23
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The response I got from Johnny:

Hi Winston,

 

Thanks for reaching out! Happy to cover this, it seems like a lot fo people are frustrated.

 

As for the rules/laws:

 

Portland PD tells me people are not allowed to walk on the street if the sidewalk is coversd in snow.

 

And after you emailed me I checked in with Maine State Police who say it differs from town to town.

 

Hope the sidewalks get cleared up after the big storm tonight and tomorrow.

 

Have a good weekend!

 

Thanks,

Johnny

Maybe it does differ from town to town?  I mean, people aren't going to stop, so, it's sort of a moot point. 


I'll try to find something in the Portland code later if no one gets to it first- going to attend the grow smart Maine legislative meeting in a half hour & need to escape my computer for a bit.  (https://groups.google.com/g/pbpac/c/gZEWFaCZ10Y)

~Winston




Nathaniel Ferguson

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Mar 3, 2023, 12:54:35 PM3/3/23
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I checked the City Code, and the relevant section is here:

Sec. 28-207. Pedestrian not to walk in street; exception.
Where sidewalks are provided and their use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent way. Where sidewalks are not provided, any pedestrian walking along and upon a street shall walk only on the left side of the way or its shoulder facing traffic.

This very closely mirrors the language in the state statute. I think the PPD is misstating the law if they are claiming that people are "not allowed to walk in the street if the sidewalk is covered in snow".


John Brooking

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Mar 3, 2023, 1:00:00 PM3/3/23
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Thanks for researching that. I agree with you. Not only are they misstating the law, worse, they are setting pedestrians up to be blamed if anything happens, rather than motorists for failing to provide 3 feet, as the state statute requires in that situation. Motorists need to hear that.

Scsmedia

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Mar 3, 2023, 2:03:12 PM3/3/23
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City oridinace follows the state statute cited below.

Chapter 28 TRAFFIC AND MOTOR VEHICLES*

Sec. 28-1. Definitions.

Traffic shall mean pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel.

Sec. 28-207. Pedestrian not to walk in street; exception. 
Where sidewalks are provided and their use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent way. Where sidewalks are not provided, any pedestrian walking along and upon a street shall walk only on the left side of the way or its shoulder facing traffic.
It is interesting that the word "pedestrian" is specifcally used in the defintion of traffic.


Steven Scharf



John Brooking

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Mar 3, 2023, 2:29:26 PM3/3/23
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It is interesting that the word "pedestrian" is specifcally used in the defintion of traffic.‘

I take that as recognition that pedestrians are equal users of public ways, alongside those other modes.

In Maine, the definition of “vehicle” excludes bicycles, which are instead defined as “devices”. So in this definition, they are among the “other conveyances” that contribute to the definition of “traffic”.

It also appears to be legal to conduct a cattle drive or lead a herd (flock?) of sheep down Congress Street. 😃

Christian MilNeil

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Mar 3, 2023, 3:56:53 PM3/3/23
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Sheesh. It's Journalism 101 to take anything that the police tell you with a huge grain of salt – and this is a prime example of why that is.

Although it's also a fair reminder that the actual reasons for arrests and other forms of police harassment have a lot more to do with their personal whims than with what any actual laws are (see also Wednesday's news story about how police don't feel like enforcing distracted driving laws because they're just so darn "compassionate"), so consider yourselves warned, I guess.

Christian MilNeil
- - - - - - - - - - - - -


Zack Barowitz

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Mar 3, 2023, 4:28:38 PM3/3/23
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I’m really not sure how local laws trump state law, but I do know that Police “discretionary judgment” is a thing

Alexander Landry

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Mar 4, 2023, 12:36:48 AM3/4/23
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While it’s nice to see some attention put toward our interests, this story is a mixed bag. 
I recall more than one PPD officer saying, “we enforce state law”;  one of these officers during the time I represented pbpac on the city’s crosswalk committee, so they were speaking in an official capacity at that point. And it was said many more times, than once. 
So the statement “Portland Police Department says you are not allowed to walk on the street even if the sidewalk is covered in snow …”  strikes me as odd. I think getting a clarification would be in order.   
That said, journalists can *wildly* misquote someone - speaking from experience. 
Alex

Sent from Yahoo Mail for iPhone

Zack Barowitz

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Mar 4, 2023, 8:29:05 AM3/4/23
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I also think getting clarification from the police would be a good idea. They even have a flack to direct such inquiries:
Brad Nadeau
I see this as a dammed if you do and dammed if you don’t question. 
I think the reporter did a good job with the story although he did miss the point that the city itself is the biggest violator on its “school routes” and that they fall under Parks not DPW. 
Which begs the question of why they insist on doing these arbitrarily designated school routes when they are “under resourced.”
Zack 


Tony Donovan

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Mar 4, 2023, 11:18:51 AM3/4/23
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This bill is the first of many for those of you supporting expanding the Amtrak to Lewsiton  Bangor etc.


Please forward.


Thursday: 3/9/2023 1:00 PM
PUBLIC HEARING
 L.D. 754
Resolve, Directing the Maine-Canadian Legislative Advisory Commission and the New England and Eastern Canada Legislative Commission to Examine Restoring Passenger Rail from Boston to Montreal

How to submit testimony:

Bullets
* There is strong public support for achieving passenger rail service to Lewiston/Auburn – and ultimately to Montréal. 

* A market study in 2000 found that as many as 600,000 travelers per year might utilize passenger rail connecting Maine to Montreal. 

*A survey conducted by the Sierra Club in 2014 indicated 80% support for train service to Montreal in all demographic segments of Maine. 

*  The Portland to Lewiston/Auburn route is part of the federally designated Northern New England High Speed Rail Corridor. 

* Rail planning in this corridor has included the design and permitting of a new intermodal facility at the Lewiston/Auburn airport, which would improve connections for auto, bus, rail, and air travelers, and would serve commuters working in the Portland region. 

* The future extension of intercity passenger rail to the Lewiston/Auburn region is an incremental step in further development of the state’s passenger railnetwork

* The USDOT’s Vision for High-Speed Rail in America includes enhancements to the Northeast Corridor, as well as incremental steps to utilize the Northern New England High-Speed Rail Corridor that will ultimately connect Portland with Montreal.

*  The Maine leg of this corridor is consistent with Maine’s long-range transportation plans, and reflects the cultural, economic, and historical relationships of Maine and neighboring Canadian provinces.   

* TRAIN TIME

--
Anthony J. Donovan, Director
 Maine Rail Transit Coalition
84 Middle St.  Portland, Me. 04101
 
Train Time

George Rheault

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Mar 4, 2023, 2:42:54 PM3/4/23
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Maya Lena

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Mar 4, 2023, 3:12:59 PM3/4/23
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The real question is why isn’t the PPD and the Fire Department actively looking for solutions to this problem?

Maybe they would support the city prioritizing sidewalk clearing for the purpose of pedestrian safety. 

John Brooking

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Mar 4, 2023, 3:26:51 PM3/4/23
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Seeing the fire department retweet the WGME tweek containing the police quote pushed me over the edge. I zipped off the following email to both Mr. Maffei and Officer Nadeau.

-----
Dear Mr. Maffei and Officer Nadeau,

I'm writing to you in response to the WGME news story of Friday 3/3 quoting the Portland Police Department as saying "you are not allowed to walk on the street even if the sidewalk is covered in snow."

That is simply not true. Both Maine state statute and Portland ordinance have basically the same language about this.

The Maine statute starts with these two sections:

§2056. Pedestrians

1.  Pedestrian traffic.  When use of a sidewalk next to a public way is practicable, a pedestrian may not walk on that public way.  

2.  Pedestrian on way.  Where sidewalks are not provided, a pedestrian shall walk facing approaching traffic on the left side of the public way or the way's shoulder when practicable. An operator of a motor vehicle who is passing a pedestrian on a public way or the way’s shoulder shall exercise due care by leaving a distance between the motor vehicle and the pedestrian of not less than 3 feet while the motor vehicle is passing the pedestrian. A motor vehicle operator may pass a pedestrian in a no-passing zone only when it is safe to do so. 

Portland ordinance:

Sec. 28-207. Pedestrian not to walk in street; exception.
Where sidewalks are provided and their use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent way. Where sidewalks are not provided, any pedestrian walking along and upon a street shall walk only on the left side of the way or its shoulder facing traffic.

I am not a lawyer, but it seems plain and clear to me that pedestrians are allowed to walk in the street if use of the sidewalk is not practicable, and provided that they walk facing traffic. Is it practicable to walk in deep snow, or on ice? Perhaps in 2 inches of snow, but not in 10 inches, and especially not to anyone in a personal mobility device or on crutches. Prohibiting walking in the street even if the sidewalk is unusable is tantamount to prohibiting people from traveling by foot. It may well be dangerous, but it is not illegal.

Concerns I have with this mischaracterization include:
  1. It is factually incorrect.
  2. It fails to provide people who do choose to walk in the street with the important safety information to walk facing traffic.
  3. It fails to caution motorists who may happen upon someone walking in the street that they are legally required to leave 3 feet to pass, per state statute.
  4. If anything were to happen to someone walking in the street, members of the public having read this inaccurate quote will be more prone to blame the victim for being there.
Rather than mischaracterizing the law as a simple ban, a quote that included points #2 and #3 could help to make it a little safer for the pedestrians who do need to walk in the street.

I urge the police department to issue a correction about this, and WGME to publish it, preferably with the advice about walking facing traffic and motorists leaving 3 feet.

Thank you for your consideration.

John Brooking
Cyclist, Cycling Educator, Technologist

George Rheault

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Mar 5, 2023, 10:04:37 AM3/5/23
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Fantastic letter John.  Thank you.

UPDATE:  
Rather than keep the focus on people, WGME decided to make sure that the fire hydrants of Westbrook are not forgotten at this time of year!

Winston Lumpkins

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Mar 6, 2023, 12:03:50 PM3/6/23
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Indeed- thanks John, and let us know if you hear anything. 

I'm starting to think it might be worthwhile for PBPAC to send a short letter, much like the one John wrote, to the city manager, police chief & fire chief, CCing the council & media connections.

It probably won't take long to draft considering what's been already written in this thread, so, could probably be added to our slightly packed agenda next Monday- all we really need is a vote.  That's not particularly timely, but it may snow again, at some point.  I think it's important to remind everyone that the police are in fact employed by Portlanders to maintain order as defined by the council, in 1997 or today.

~Winston

Winston Lumpkins IV (he/him/his)

Chair, Portland Bicycle & Pedestrian Advisory Committee
https://www.portlandbikeped.org/

winston....@gmail.com
207-408-1508



Zack Barowitz

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Mar 6, 2023, 12:07:33 PM3/6/23
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Damon Yakovleff

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Mar 6, 2023, 1:44:14 PM3/6/23
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Good idea, especially looping in the media. 

John Brooking

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Mar 6, 2023, 8:03:36 PM3/6/23
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I got a reply from the reporter, but not (yet) from the police spokesperson.

Hi John,

 

Thanks for reaching out!

 

I wanted to let you know I have received a few other emails and messages similar to yours. So I checked in with State Police about the rule and they told me it depends on the municipality. Therefore, for now, I am going to keep the quote I got from Portland PD in my story.

 

I understand walkers and bikers frustration on this. I wonder if we need to get a less vague/more specific definition of “practicable,” and also see if something can be done about the City plowing sidewalks on busy streets, even if they aren’t school routes.

 

More stories could certainly come from this!

 

Thanks,

Johnny


I imagine that the state police do not want to wade into a local issue and be seen as intruding on a local department's turf, so "it depends on the municipality" is likely all they're ever going to say. Johny doesn't seem interested in poking the Portland PD any more, although his comment about more stories may be leaving an opening. And the Portland PD probably has no interest in retracting the statement. So, stalemate for the moment?

Interesting too that he mentions the frustration of the "walkers and bikers", although the story only mentioned walkers. Subconsciously lumping both modes together? What does that say for the reflection of the police's statement about walkers on cyclists as well? (Reminds me of riding home in a snowstorm once and being told by a city plow driver, going the opposite way, "Not too smaht!". :-) )

John Brooking
Cyclist, Cycling Educator, Technologist

George Rheault

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Mar 6, 2023, 8:36:59 PM3/6/23
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Working the media is absolutely a strategy that PBPAC (with its vast resources) should be pursuing.  I very much think Maffei is leaving the door open to story pitches from this community.

But please be aware that the news business (especially TV) is relying more and more on rookie reporters like Maffei (though not sure if he is a true MMJ or whether WGME still has stand-alone camera people accompanying reporters).  Complaining about their content and methods is fair to a point - but often, like your local minimum-wage barista, they are not controlling much in the way things get done even if they are doing 75% of the real work.   Maffei graduated from college in 2022 and started at WGME in June 2022.  He has been soaking up the mean streets of Portland for less than a year.  Educate him by all means but also probably cut him some slack.  Guy has raised visibility of one of our signature issues better than any other legacy journos in the last decade or so.  His initial piece suggested that his prior personal experience in other places made him conclude Portland was particularly bad with sidewalk clearing.  He may not opine that way on camera, but it may have been as much a genesis for his place as any external sources.  

Here is a quick overview of the MMJ phenomenon if you don't know what that is: What It's Like: The First Three Weeks Of A TV Reporter/MMJ - Marketshare (tvnewscheck.com)

Zack Barowitz

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Mar 6, 2023, 11:01:33 PM3/6/23
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I think that makes sense. Maybe the person to ask about walking in the street is Portland Corporation Council and the Community Prosecutor; if practicable of course.
Zack

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