Rights for disabled pedestrians amended, advanced

Senators amended and advanced a bill from general file March 24 concerning the rights of disabled pedestrians.

Introduced by Bellevue Sen. Tommy Garrett, LB641 would give a person operating a manual or motorized wheelchair on a sidewalk, in a crosswalk or across a roadway the same rights as other pedestrians.

Garrett said current statute defines pedestrians in a way that excludes persons operating personal mobility devices such as scooters and wheelchairs. The bill would give all pedestrians the same protection regardless of their mobility, he said.

“This is a hole in the law that we need to cover,” Garrett said.

The bill originally would have extended the same rights to bicyclists. A Transportation and Telecommunications Committee amendment, adopted 37-0, removed this provision.

Sen. Jim Smith of Papillion said bicyclists were removed from the bill because they travel at a higher rate of speed than pedestrians. Drivers would not have enough time to react to a cyclist suddenly entering a crosswalk, he said.

“Our primary concern was the safety of the bicyclists,” Smith said.

Garrett introduced an amendment that would have reinserted a provision for bicycles but would have required cyclists to reduce their speed when entering a crosswalk and audibly warn pedestrians before passing them. It also would have prohibited cyclists from suddenly veering from sidewalks into traffic or operating a bicycle in a manner that would endanger any person or property.

If operated in a responsible manner, Garrett said, bicycles should be afforded the same protection as pedestrians.

Omaha Sen. Beau McCoy opposed the amendment, saying it contained a significant change that should be considered as a separate bill in order to receive a public hearing. Additionally, he said, language in the amendment regarding cyclists’ speed in crosswalks is too vague.

Garrett said the amendment could use more work and he withdrew it from consideration.

Senators then advanced the bill to select file on a 34-0 vote.