COURT HEARING FINISHES

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    Mark Nadeau
    Keymaster

    The Court Hearing is OVER!

    Today concluded a four (4) day hearing with testimony from 15 witnesses. WHEW! The “bottom-line”? The Judge takes it and needs to write an opinion. He thinks he can get that done in the next 30 days.

    Honestly, our lawyers and we think the Judge “got it”. CDOT has this Bicycle Liaison (who, to repeat, does not ride bicycles, never participated in a Bicycle Event, and has never observed a Bicycle Event) write the polices concerning Bicycle Events. It is, by all accounts, Theatre of the Absurd.

    Today, the Region #1 Director for CDOT (controlling metro Denver and the I-70 corridor) started out as a very glib and full of himself witness. [He went to Berkley, you know]. He is the number 3 guy in the entire agency. Tells everyone he rode he loves bicycles and rode about 3,000 miles last year (this went up 500 miles in literally two weeks as he gave his depo a couple of weeks ago). He neglects to mention he rides this amount on an Electric Bicycle. He admits they could have done things better— like communicate with Bicycle Passport. [No S..t !!!!]. After a grilling, he tells the Judge that there is NOTHING Bicycle Passport could do to get his permission. He just thinks riding through the tunnel and down to Silverthorne is too dangerous. Why? Well, there are ruts in the road and sometimes wildlife…..WHAT? Wildlife while we have State Patrol officers and CDOT barriers all over the place. He talked about ‘secondary crashes’ with people running into others with their cars or trucks when they have to slow down. His example, off-the-charts stupid, was the secondary crash occurring when the semi-tractor trailer lost brakes on I-70 last year and ran into a line of cars near the junction of 6th Ave. and I-70 who were stopped because of another accident. [He neglects to mention that driver is prosecuted for criminal negligence. ——Asserting that secondary crashes like that are his worry after Messages posted from Golden, to Idaho Springs, to Empire, and from Bakerville to the tunnel asking folks to slow down for the Bicycle Passport ride through Eisenhower tunnel is outlandish. THIS GUY IS YOUR GUY IN CHARGE OF THE DENVER METRO HIGHWAYS, and the I-70 corridor!!! No wonder they cannot figure out how to get people home from the ski areas.

    So, then we heard from two officers from the State Patrol. First, they stretched and strained to come up with reasons why this Ride was unsafe. Second, though both of these characters has been on the State Patrol payroll and Special Events for some time, they knew NOTHING about the Top Gear race through the tunnel at 165 mph. One of them, the MAJOR in charge of the Special Events Team had never seen the video until this trial. BUT—-Dummy—he had the web-site address for it in the application filed by Bicycle Passport more than a year ago. His “thorough and careful” review did not pick up on that web address or the description. {He is a very alert Officer}.

    THEN, the State calls its Traffic Engineering Expert. He admits he got all of his information and all of the reports were prepared by his lower Echelon engineers. Had he done any of the work? NO. Had he done any of the calculations? NO. Had he edited any of the reports? NO. Was he aware his lower echelon employees used the wrong input numbers for traffic counts? NO. In the end does he know what the hell he is talking about? NO. Is he a puppet and the State hid from view the people who did the work? ABSOLUTELY. !!!

    Closing Argument by our Lawyers was fabulous. We think they scored major points and the Judge was following:

     A lower echelon person at CDOT has the ability to change the LAW by scripting new “policies” on her laptop. She then publishes them on the web-site. NO public comment, NO input from others outside her 4 person Team.
     She eliminates the ability to APPEAL a decision of the Agency.
     She eliminates access for Special Events to the Tunnel (which existed up until her revision to the policy in August 2018)
     Bicycle Passport is filming a Documentary on the Quest to achieve 41, and she decides that is not good enough…needs to be a big ticket Hollywood Film. They mention Tom Hanks a couple of times. TOM HANKS— if you are out there and read this we need two things: (a) send money as this has been hugely expensive to take on the State Gorilla; and (b) would you PLEASE explain to these dopes that there is value in movies that are not simply about guys on tropical islands who have fallen out of the sky on a FEDX jet? (Or maybe that was a Documentary????).
     PRETEXT——-It is a violation of the law for a Government Agency to concoct rationale and assert policy initiatives on a mere pretext. So says the U.S. Supreme Court in 2019. That means it is illegal to “pretend” you are considering an application when you intend to deny it no matter what. REALLY. IF CDOT makes up excuses after the fact, then they are manufacturing the evidence and creating defenses. What that means is they had lousy reasons or no reasons to begin (Uh, we jus don’t wanna do it). Yep, that is this case and two years of trying to get the State to do its job. The notion that State workers would rather not do the job well is a surprise, we know.
     The State got the numbers wrong on the traffic count, they made up worst case scenarios, and they did not share information or ideas with Bicycle Passport. It is apparent they did not want to unleash the “spandex genie from the bottle”. Remarkably the Region #1 Director admitted that it was derogatory to refer to the “spandex genie” but it doesn’t matter because it was never supposed to get revealed to Bicycle Passport. Therefore, he reasons, in the same careful fashion (NOT) in evaluating the Permit Application that he does not have to discipline his underlings who use derogatory comments about people if the people were never supposed to see it. Brilliant, eh?
     Going on 15,000 people have signed our Petition, and we are supplying additional Medical Staff, additional Security, and multiple Traffic Engineers have said this can be done safely and with light impact to vehicle traffic on an early Sunday Morning. Former Governor Ritter, Former Governor Hickenlooper, and Silverthorne Town Manager Ryan Hyland all say this is good for Colorado and could be a marquee event.

    IN THE END — we have a legitimate shot of correcting this lousy Agency action. 30 days hence, we are hoping for a good result. PLEASE SIGN THE PETITION. PLEASE SEND AN E-MAIL TO THE EXECUTIVE DIRECTOR OF CDOT AND THE GOVERNOR OF COLORADO. TELL THEM THIS IS NONSENSE. TELL THEM THEY SHOULD REPRIMAND THE BUREAUCRATS BELOW THEM WHO HAVE STALLED THIS APPLICATION AND ARE BLOCKING A MARQUEE EVENT FOR COLORADO!

    EXECUTIVE DIRECTOR CDOT
    Shoshana M. Lew
    Shoshana.Lew@state.co.us
    GOVERNOR OF COLORADO
    Jared Polis
    Jared.Polis@state.co.us

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