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Bicyclists: Police don't know laws

Father, son take concerns to supervisors

CRANBERRY TWP — A father and son who are avid bikers have a few issues with the township police and claim the officers have little idea of what the bike laws are.

Jack and Brendan Linton talked to the township supervisors Nov. 19 about their concerns.

Brendan Linton said he and his father share the same enjoyment of cycling and combined they ride an excess of 3,000 miles per year, mostly in the township.

“At no time do my father and I — and at no time will we — ask for special treatment. That is not why we are here. We are asking for equal treatment from our police department,” Brendan Linton said. “Our goal and our families’ goal is to have us return home safely.”

Since the spring of 2007, Brendan Linton claims he and his father have had several instances where they have had interactions with police. While some of these interactions have been good, many of them have not, he said.

Brendan Linton said he and his father learned few officers know the bicycle laws but fewer know the proper enforcement of them.

“I have to be honest. I’ve worked with other police departments in various counties and hate to use this language, but Cranberry Township’s Police Department is clueless on the bicycle laws. They have absolutely no idea,” Brendan Linton said.

Jack Linton said over time other incidents have happened where motor vehicles have caused collisions with them, two of which resulted in charges being filed against Brendan Linton.

In 2014, Brendan Linton’s path was interfered with by a motorist on Haine School Road, Jack Linton said. Brendan Linton and the vehicle driver had an argument.

According to Jack Linton, the vehicle operator repeatedly threatened to assault him. In self-defense, Brendan Linton advised the operator that he would be pepper sprayed if he continued that.

Both the driver and Brendan were cited with disorderly conduct, Jack Linton said. A citation was not issued to the operator for encroaching on the 4 foot clearance that cyclists are supposed to have or for the threat of assault, Jack Linton said.

Brendan Linton was found guilty of disorderly conduct by District Judge David Kovach, but the driver was found guilty of nothing, Jack Linton said.

In May, Brendan Linton was riding on Haine School Road and was hit by a passing vehicle’s side mirror, which broke when Brendan Linton pushed off the vehicle, Jack Linton said. A charge of criminal mischief/damage property was filed against Brendan Linton.

“When questioned at the summary trial, officer (Victor) Korol stated that he has not been trained in the bicycle laws at any time during the past year or during the past five years,” Jack Linton said.

Brendan Linton was found guilty of criminal mischief/damage property by District Judge Kovach in July, according to court documents.

Jack Linton said in an appeal to Butler County Court, Brendan Linton was found not guilty.

According to court documents, on Oct. 28 Brendan Linton was found not guilty by agreement of the parties of the charge of criminal mischief.

“Exactly the same as the previous two collisions, the motor vehicle operator was never cited,” Jack Linton said.

Jack Linton said an assistant district attorney told him that he approved the charge of criminal mischief because he was told by officers that Brendan Linton “followed the driver to the next intersection and broke the mirror in a fit of rage.”

He noted the video evidence from the cameras on the front and rear of the bikes showed otherwise.

Brendan Linton said there are clear issues with the police department.

“The enforcement of the laws is inconsistent. The actions of several officers are unprofessional and in some cases unlawful,” he said.

“The police have not cited the proper individuals in the incidents and filed citations against me based on facts or allegations that are later proven to be completely false,” Brendan Linton said.

Brendan said that he and his father have talked to law firms explaining their experiences.

“Each has advised us to take the same steps of action and our first step is this presentation,” Brendan Linton said.

Brendan Linton said they are asking the supervisors and staff members to work together and take action to correct the issues.

Township manager Jerry Andree said, “We respect and appreciate the passion Jack and Brendan have concerning bicycles. They have been helpful to us in developing our bicycle programs and trying to become a more bicycle friendly community.”

There are conflicts between bicyclists and motorists, said Jeffrey Schueler, director of public safety.

“We get very few bicyclist complaints, but when we do, it’s a conflict between the driver and the bicyclist.”

Schueler said he encourages the public to look at and understand the bicycle laws. “Because bicyclists do have a right to the roadway and we all have to share the roadway with each other and we have got to be good neighbors,” Schueler said.

“We want people to be safe on our roads and that is what the police officers are focused on,” he said.

Andree said the state mandates exactly what the officers are taught.

“Every year to continue to be a police officer you have to go to training. It is 16 hours of training every year,” Schueler said. “The state determines what that training is and part of the training is updates in criminal law, updates in traffic laws, so they’re briefed on anything new that has come up.”

Andree said when the bicycle laws changed three years ago, the state put one slide into the presentation that talked about bikeways.

“The state has not educated the police officers on anything additional for the last two years,” Andree said.

Andree said he has no concerns with the training of the officers.

“We are very confident that the training meets or exceeds all state standards,” Andree said.

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