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  1. #1
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    Caution;  Merge;  Workers Ahead! Mt Diablo Access shut off!

    I just read this on Craigslist. Have you heard anything about it?

    copy of post:
    Led by Robert Tiernan, the residents of Diablo filed suit and got bikers blocked from a safe access to Mt Diablo


    From Mecury News

    Bob Tiernan, a longtime resident of the Diablo Country Club, was the main plaintiff representing residents of the Diablo Country Club in a lawsuit fighting to close their private roads to the public who are using their roads to bypass Diablo Road on their way to Mount Diablo State Park, Diablo, Calif., on Friday, Feb. 16, 2018. (File photo by Laura A. Oda/Bay Area News Group)
    DIABLO -- A judge's ruling to block public access to a popular cut-through for cyclists on their way to Mount Diablo State Park could put people's lives at risk, biking advocates say.

    For decades, bicyclists have been turning down oak-lined Calle Arroyo at the entrance to Diablo Country Club to avoid Diablo Road in Danville, which is notorious for its narrow lanes, fast-moving traffic and blind curves. Two cyclists were seriously injured there last year by a hit-and-run driver, reopening a long-standing debate over safety along the scenic corridor.

    But that may be the only quick option for cyclists now. A Contra Costa County Superior Court judge on Monday officially signed a ruling declaring the public has no right to access the road -- even if it may be a difficult ruling to enforce.


    A group of students from the San Ramon High School mountain bike club along with friends from other schools ride up Calle Arroyo Road to bypass a stretch of Diablo road on their way up to Mt. Diablo State Park in Danville, Calif., on Monday, Feb. 19, 2018. (File photo by Laura A. Oda/Bay Area News Group)
    Limiting access to the country club disproportionately impacts students in the area who use the route to get to school and for training on the high school mountain biking team, said Al Kalin, president of the Mount Diablo Cyclists, a bicycling advocacy organization.

    "The judge's ruling affects tens of thousands of cyclists," Kalin said, "but specifically the local mountain bike high school teams who have for years rode down Calle Arroyo."

    The alternative, however, of having cyclists barreling down the barely two-lane, unmarked roads in Diablo is also perilous, contends Robert Tiernan, the lead plaintiff in the suit. He filed the suit earlier this year on behalf of several other homeowners along the road after seeing a growing number of cyclists riding in "loud packs," overtaking cars and endangering seniors and small children. His parents, who are both in their 90's and live on the same road, have had cyclists clip their car or yell at them, he said.

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    "After all that," Tiernan said, "it was becoming too dangerous."


    Cyclist Al Kalin, a member of the Mt. Diablo Cyclists talks about the route that leads cyclists through the Diablo County Club on Calle Arroyo Road in Danville, Calif., on Friday, Feb. 16, 2018. (File photo by Laura A. Oda/Bay Area News Group)
    In the end, the court case hinged not on questions about which road is safer -- but who can control its access. And it was here the plaintiffs prevailed.

    They argued that because the country club community was formed as a private community, there has never been any express or implied public access, said Dominic Signorotti, the plaintiffs' attorney. An attorney for Bike East Bay, a cycling advocacy organization and defendant in the suit, argued the Diablo Community Services District, which governs the country club community, received public funds to make improvements on Calle Arroyo. That would imply the roads are meant for public use, or else that the district used the funds illegally.

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    The judge said that wasn't enough.

    "There is no evidence that any of this money is spent on Calle Arroyo. And even if it did, so what?" Judge Charles Treat wrote in his ruling. "If the district is illegally spending money, it ought to stop doing so. But that doesn't mean the district can create an easement over its members' properties by spending money."

    The comment, while not dismissing the suit, did open another question: Has the Diablo Community Service District, which governs the bucolic community, been spending taxpayers' money on private roads?

    "It's sort of an open question," said Dave Campbell, the advocacy director for Bike East Bay.

    The district is looking into it and will adjust future spending accordingly, said Christie Crowl, an attorney for the district.


    Bob Tiernan, longtime resident of the Diablo Country Club shows photos of some of the crowds of bicyclists that pass his home off Calle Arroyo Road in Danville, Calif., on Friday, Feb. 16, 2018. (File photo by Laura A. Oda/Bay Area News Group)
    But that still leaves the question of how to enforce the ruling. The judge determined the district has no authority to prevent the general public from using Calle Arroyo, Crowl said. And, doing so could easily violate people's constitutional rights, said Lt. Jason Haynes, a sheriff's deputy in charge of the Diablo subdivision. As long as the person in question agrees to move along, there is no way to cite them for trespassing, he said.

    "If it's private property but publicly accessible, it will be very difficult to take any enforcement action," he said. "We can't proactively patrol and try to ID people within the community, or that would be a blatant disregard for people's rights."

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    For now, however, Campbell is recommending cyclists avoid Calle Arroyo, if they can. The judge's ruling applies only to the single street of Calle Arroyo, though the plaintiffs recently filed an amendment to expand the ruling's reach to include a tiny path over private property that links to a public road leading to Mount Diablo State Park. If the judge rules in favor of the amendment, it will constrict access to the park even further and could have serious implications for cyclists' safety -- implications with legal precedent backing it, Campbell said.
    The city of Danville is redoing an environmental review of a proposed development because a judge ruled it would create more traffic on Diablo Road and endanger cyclists. Campbell is hoping the same thinking will apply here if cyclists are forced onto Diablo Road.

    "If you attempt to close that path, that is subject to (the California Environmental Quality Act) and you need to do an (environmental impact report)," he said, "because that affects the safety of people bicycling."

    Repost above copy please
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  2. #2
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    No surprise--this has been going on for years and years-----note that the ban is not enforceable according to the Sheriff-----since it perfectly OK for the super rich residents and guests to ride on that road there is no way to know who is a resident and who is not. Even in Danville the police have better things to do. Interesting that we can drive our cars on the road still---

    I plan to keep riding thru---

    This may backfire on these folks when they get public funds cutoff and need to pay for the road themselves--lets hope for this

  3. #3
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    A similar thing happened here in Santa Rosa, through the private enclave of Wild Oak, in Oakmont (a retirement community). Even though original plans called for a 12 foot wide multi-use pathway where cycling was explicitly included, it was never built. A 6' wide pathway was completed instead and use commenced some 25+ years ago. Cyclists used that path for more than two decades when the homeowners association erected private property signs and banned bicycles.

    The City of Santa Rosa sued the homeowners association and ended up losing after a lengthy and costly legal battle. What always bothered me the most was that it seemed to me that the wrong statute was cited during the fight. It seemed to me in my limited property law education, that a prescriptive easement existed. If its existence had been established, a prescriptive easement is irrevocable.

    The above situation seems very similar. A well established pathway existed and was uncontested even though it was adverse to the property owner's interest. If those conditions are met and go on for more than five years uncontested, the prescriptive easement is assumed in perpetuity.

    Let's see where this one goes, I guess.
    Last edited by chuckha62; 1 Week Ago at 04:04 PM.
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  4. #4
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    situations like this call for civil disobedience. Much like UCSC. Is it legal? no. Is there anything the authorities can do about it if thousands of people are doing it openly? also, no. in almost every case similar, the authorities will quietly change the rules/law to fit what is actually going on. It accomplishes two things; it saves face for law enforcement by letting them off the hook for trying to police an impossible situation, and it also resets expectations for the sel- described agreived group as to what is permitted, likely heading off further conflict and litigation.

    go ride. if enough people use a place, it will eventually become acceptable.

  5. #5
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    Its Danville... is anyone surprised by their extreme levels of entitlement and lack of compassion for others?
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  6. #6
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    I'd just avoid. I'm a darker Asian that can be confused for something else so I'm sure no good would come from it if any locals bothered me.

  7. #7
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    Quote Originally Posted by Harry Mackenzie View Post
    I'd just avoid. I'm a darker Asian that can be confused for something else so I'm sure no good would come from it if any locals bothered me.
    Damn man, I know it's true, but it makes me sad to think that "this is America".
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  8. #8
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    Quote Originally Posted by roughster View Post
    Damn man, I know it's true, but it makes me sad to think that "this is America".
    Yeah man. It's a totally different discussion and I probably shouldn't have brought it up. But that was like the first thing to cross my mind lol.

  9. #9
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    Quote Originally Posted by conoat View Post
    if enough people use a place, it will eventually become acceptable.
    This makes absolutely no sense.

    Hundreds of cyclists use Calle Arroyo every week. They have been doing that for years. It was acceptable.

    Due to this recent ruling, it has become unacceptable.

  10. #10
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    If you look closely there is a post office, I try to be respectful of the residents but if all else fails I am just going to the post office! But in all seriousness, I will continue to use the cut through because the other route is flat out dangerous

  11. #11
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    Its amazing how these d-bags just want to shut it off, make it someone else's problem.

    These tools have all the ability to solve a problem.

    Let me think, how could we solve this?
    Maybe a re-route, hmmm or bike lane....we like wasting money on rubber green asphalt thingies........come on d-bags this is simple shit.

  12. #12
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    "His parents, who are both in their 90's and live on the same road, have had cyclists clip their car or yell at them, he said."

    I love this. Yeah, cause cyclists always run into cars, and 90 year olds are always the best, most alert drivers.
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  13. #13
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    Wow. The comments in this thread are amazing. So much vitriol and name calling over a group of people looking to protect their private property rights. I think some of you need to look at things from the perspective of the land owners.
    YOU didnít pay for those roads.
    YOU didnít pay for that property.

    Those of you that are so upset about this have a couple of options.
    Work harder. Earn enough income to become part of the country club.
    Get involved with local politics. Get the local government to build bike lanes and improve safety on the public roads.
    Its all Shits and Giggles until somebody Giggles and Shits

  14. #14
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    Quote Originally Posted by Brewtality View Post
    Wow. The comments in this thread are amazing. So much vitriol and name calling over a group of people looking to protect their private property rights. I think some of you need to look at things from the perspective of the land owners.
    YOU didnít pay for those roads.
    YOU didnít pay for that property.

    Those of you that are so upset about this have a couple of options.
    Work harder. Earn enough income to become part of the country club.
    Get involved with local politics. Get the local government to build bike lanes and improve safety on the public roads.
    "Work harder" is the ultimate out of touch douche bag statement.
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  15. #15
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    Quote Originally Posted by Brewtality View Post
    Work harder. Earn enough income to become part of the country club.
    barf

  16. #16
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    Mt Diablo Access shut off!

    Just a thought:

    Does anyone have records of use going back a good length of time?

    Iím too lazy to look up the CA law, but an easement might be possible if itís been used by cyclists for that minimum amount of time plus a day.

    As an example: My in-lawís neighborhood in CO connects to a local junior college via a short trail across a piece of vacant land. That land is about to be sold and developed. Their HOA wanted to maintain that trail as a lot of people use it to connect one area to another while walking dogs, riding bikes, etc. Itís become so commonly used that the junior college and City jointly maintain a branch of trail on their properties that connect to it, to include irrigation and landscaping. The HOA wanted to see if this trail had been in use for 18 or more years, so they could sue for a prescriptive easement. As I use that trail every time Iím up there, and would like to continue to do so, I collected 20+ years of high-res imagery and showed that the trail has been in use since 1999.


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  17. #17
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    How can there be private roads if there is a Post Office located there?

  18. #18
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    Yes, someone could certainly make an argument for a prescriptive easement.

  19. #19
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    Very bad comparison but what do you guys think of the situation with Martins Beach vs this one? Any similarities?

  20. #20
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    This one we just ignore--note the entrance has said private for probably 20 years and no one has taken it seriously-------there has been and will be no enforcement as there is no way to know if you are local or not and the cops have other things to do---I feel nothing has really changed---just more of the same. My personal experience having ridden this many times is there are a few home owners driving this but the vast majority are cool and those out seems to say hi if you do---note for those not there this is a short less than 1/2 mile section with nearly zero traffic and the houses are set way back from the road. An interesting aside is the Catholic church near by has signs allowing cyclists to park their cars on their property so we can ride diablo easily----nice reach out

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    I talked with one of the sheriffís about a month ago regarding this exact issue and he told me that there are residents trying to get cyclists out of Diablo but they canít enforce it. The reason is because the mail boxes are inside which dictates public versus private property. He assured me itís still ok to ride through despite signs saying the opposite.

  22. #22
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    Who should walk into my work today to get some work done, but ol' Bob Tiernan, the bike Grinch himself.

    If I owned the place, I'd tell him to go piss up a rope.
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