The City of Dana Point is planning to install a two-way shared bicycle/pedestrian path on the west side of Coast Highway in Capistrano Beach between.... The City of Dana Point is planning to install a two-way shared bicycle/pedestrian path on the west side of Coast Highway in Capistrano Beach between Palisades Drive and Camino Capistrano. Concrete barriers will be used to create a 10-foot wide shared path, with the shoulder width on Coast Highway reduced to make room for the sidepath.

The City of Dana Point has recently enacted a local ordinance prohibiting bicyclists and pedestrians from the travel lanes and the shoulder of this section of Coast Highway both during the current construction and after the path is completed. Bicyclists are expected to use the shared use path after construction is completed. The California Association of Bicycling Organizations (CABO) considers this an illegal infringement of bicyclists' right to travel on the part of the city of Dana Point.

Recent collisions between motorists and bicyclists or pedestrians on this stretch of Coast Highway have received much attention in the press. But requiring bicyclists to use a path shared with pedestrians causes more problems than it solves, which is why Caltrans' design standards recommend against sidepaths in lieu of roadway accommodations for bicyclists. Rather than forcing bicyclists off Coast Highway, the issue of motorist behavior and accountability needs to be addressed.

It is CABO's position that the travel lane bicycling ban is illegal. The right for bicyclists to use public roads is granted by the State, and the State preempts local regulation unless specifically authorized. State law does allow localities to regulate shoulder use by bicyclists, so that part of the ordinance is valid. Ironically, with the Dana Point ordinance in place, a bicyclist would be allowed to use the travel lanes but prohibited from the shoulder. Such a situation on a two-lane road - even with a shoulder wide enough for a bicyclist to safely use - would legally require bicyclists to ride in the travel lanes thereby unnecessarily delaying motorists. This is apparently an unintended consequence of the city ordinance.

CABO wants the following actions from the City of Dana Point:

1. The City of Dana Point must repeal the illegal travel lanes bicycling ban and also repeal the unwise (though legal) shoulder bicycling ban.

2. The city must also review the planned road configuration prior to applying new striping. If the new road configuration does not retain adequate space for safe motorist passing of bicyclists, then the facility needs to be redesigned. Otherwise, bicyclists acting according to the law will have to operate in the travel lanes, delaying motor vehicle drivers.

3. In addition, we suggest that the city work with the Orange County Sheriff's Department, the City's Public Works Department, and local motoring, bicycling, and pedestrian advocacy groups to explore ways to improve safety on this section of Coast Highway for all legal users.

We urge local bicyclists, especially Dana Point residents, and bicycling clubs to contact the Dana Point City Council as soon as possible, urging them to take action based on the three points above.

Written correspondence is the most effective and can be sent to the Mayor and City Council by fax at (949) 248-9920, or mailed to the following address:

City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629

The Mayor and Council Members and e-mail addresses are as follows:

Mayor: Lara Anderson
Mayor Pro Tem: Russ Chilton
Council Member: Wayne Rayfield
Council Member: James V. Lacy
Council Member: Diane L. Harkey