First-of-its-kind Cyclist Anti-harassment Becomes Law in Los Angeles
The City of Los Angeles recently enacted a law that may be viewed as the dawn of Cyclist Civil Rights—it’s a law designed to protect cyclists, and it provides civil remedies for cyclists who have been harassed by drivers. The new law, Los Angles Ordinance No. 181817, went into effect on Monday, September 5, 2011, and since its unanimous passing by the Los Angeles City Council in July 2011, and subsequent approval by sometimes-cyclist Mayor Villaraigosa shortly thereafter, it has been the topic of nationwide newspaper articles, radio talk shows, blog posts, and confused comments on the law’s enforcement and necessity. There may be some that are confused by the law, but whether you ride a bike or are a driver that sometimes succumbs to road rage, you’ll want to know how this law works and why it’s important.
Why Was This Law Necessary?
With this new law, the first of its kind in the nation, Los Angeles has taken a bold step in the protection of cyclists. Los Angeles City Council Transportation Chair Bill Rosendahl, who championed the law through the law’s drafting, the numerous committee hearings, the public comments, and ultimately the unanimous City Council approval, was fed up hearing stories of cyclists suffering unnecessary aggression on our roadways. He was also fed up hearing that only the rare or egregious case was actively pursued by our law enforcement officials. Acting on requests from various bike groups and bike activists, Rosendahl stepped up and requested the Los Angeles City Attorney to draft legislation to prevent this harassment and better protect cyclists.
The new “Cyclist Anti-harassment Law,” as it has been called, is novel in its application to cyclists who the Legislature has recognized are legitimate road users whose responsible transportation choice should be encouraged—but are in need of additional protections because they are more vulnerable than those who choose to travel in several-thousand pound four-wheel metal boxes.
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If a cyclist can establish legitimate harassment, the remedies allow for the cyclist to recover damages, attorneys' fees, and punitive damages. Violators of the law shall be liable for treble the actual damages with regard to each and every such
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California Courts Rule Punitive Damages Award of 16 to 1 Ratio Not ...
In a somewhat surprising recent decision, the California Court of Appeal upheld a punitive damages award that carried a ratio of more than 16 to 1 based on the compensatory damages awarded by the jury. The ruling was surprising considering the United States Supreme Courts’ recent holding that “grossly excessive” punitive damages awards offend due process under the Fourteenth Amendment, and stating that “in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process.” State Farm Mut. Automobile Ins. Co. v. Campbell, 2011 Cal. App. LEXIS 1081 (Cal. App. 2d Dist., 2011), affirmed an award of $13.8 million in punitive damages and $850,000 in compensatory damages against cigarette manufacturer Philip Morris. The court discussed the impact of the due process limitation on punitive damages, and analyzed the award in the context of the three guideposts for determining whether a punitive damages award is excessive under State Farm : “(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.” Bullock v. Philip Morris USA, We believe that the extreme reprehensibility of Philip Morris's misconduct, including the vast scale and profitability of its course of misconduct, and its financial condition justify the $13.8 million punitive damages award against Philip Morris. Our conclusion is the same regardless of whether the ratio of 16 to one can be said to significantly exceed a single-digit ratio, so we need not decide that question.
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