Whitehorse Daily Star

Incident compared to LAPD take-down

Even when he doesn't fall off his bike, Jack Kobayashi still ends up bruised after biking down Two Mile Hill.

By Whitehorse Star on June 7, 2004

Even when he doesn't fall off his bike, Jack Kobayashi still ends up bruised after biking down Two Mile Hill.

The cyclist, who rides his bike to work everyday, said in an interview this morning he was pinned against the city's bylaw services van last Thursday morning by bylaw officer Todd Paik, while another officer, Dave Pruden impounded his bike.

The incident resulted in a plum-sized bruise on Kobayashi's arm.

Pruden noted this morning that as a peace officer, bylaw constables can use whatever force they think is necessary to get residents to comply with the bylaw.

The incident happened the day after bylaw officers began their two-week campaign to get cyclists travelling on Two Mile Hill to comply with the bicycle bylaw after receiving a number of complaints of cyclists on the sidewalk.

On Clean Air Day, when the city encouraged residents to leave their cars at home for the day, bylaw officers began ticketing cyclists who weren't wearing a helmet, using the sidewalk or for other infractions on Two Mile Hill.

Kobayashi had given his name and phone number to officers last Wednesday after cycling on the sidewalk.

On Thursday, he opted to bike on the path for cyclists, but switched back and forth between the grass and the paved trail.

'I purposefully stayed off the sidewalk,' he said.

As he approached Industrial Road, he noticed a 'posse' of bylaw officers sitting in the path.

While Kobayashi noted they were taking up the whole path, Pruden said the officers stayed on the right side of the trail so cyclists could go by.

'They are essentially blocking you,' Kobayashi said.

If they wanted to stop people from cycling on the sidewalk, he added, officers should have been on the sidewalk rather than the bike trail.

'They were taking up the whole thing,' he said.

Deciding to take what he thought was the safest route, Kobayashi moved onto the sidewalk.

Pruden said he tried to wave Kobayashi down.

'He went whizzing by,' Pruden said.

The bylaw officer got on his bike and continued after Kobayashi, who, rather than stop, told the officer he had his name and information from the previous day.

'He was being argumentative,' he said.

Kobayashi said Pruden told him he could take his bike if he refused to stop.

Eventually the two stopped at the bottom of Two Mile Hill, near Jacob Industries.

Kobayashi said he didn't think the argument was going anywhere so he decided to stop and told Pruden he would take a ticket and pay it.

Pruden asked for his driver's licence information and Kobayashi said he was going through his backpack for his wallet when the bylaw services van pulled up.

Pruden questioned whether Kobayashi intended to bike on the sidewalk again to which Kobayashi replied that if it was the safest option available he would.

'I'm not going to chase him every day,' Pruden said.

Under the bylaw, an officer can seize a bike for a maximum of 10 days or until charges have been determined.

As Pruden was reaching for the bike, he said he felt Kobayashi shove him, then the cyclist reached for the bike with his other hand.

Kobayashi told Pruden he had been reaching for his bike.

The larger Paik pinned Kobayashi to the van. Kobayashi said Paik had one arm across his neck, while the other arm held him against the van, leaving the bruise.

Kobayashi said it likely resembled something out of a Los Angeles Police Department take-down for robbery.

'It's a lot simpler to take a bike from a kid,' Kobayashi said.

The cyclist paid the $15 to get his bike out of impoundment.

He noted that although he had gone to Mayor Ernie Bourassa and city manager Bill Newell with the concern over the bylaw officers' actions, he doesn't think his points have been taken seriously.

In an interview this morning, Bourassa said he has no plans to make any changes to the bicycle bylaw.

He noted the city is addressing concerns from cyclists about the bike path by building a new path on the south side of Two Mile Hill this year.

The city has received complaints about cyclists on Two Mile Hill and the bylaw needs to be enforced, he said.

In the meantime, Kobayashi said at the very least there will likely be assault charges coming from the incident.

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