Any Local Lawyers to Lend Insight? California Bicycle Access Laws
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Any Local Lawyers to Lend Insight? California Bicycle Access Laws
Hey all. I was at my local post office today shipping out bike crap to all over the US (I had seven packages today, each insured for over $100), and as usual, I rode my bike the pitiful mile or whatever it is to the post office.
I've always, always brought my bike into the main room or the lobby of the local post office without issue. However, today, one of the counter stations was unstaffed, creating a fat line behind me around 3pm.
So, a USPS employee at a counter went out of her way to find the kid with a messenger bag and funny looking shoes in the line. Well, that was me. She looked at me, said next in line, and when I got to the counter and started unloading boxes and envelopes, she started to lecture me on how my bicycle - clearly out of the way in a corner of the room - was the cause of the giant ass line in the freaking post office.
I bit my tongue, walked outside with my bicycle and placed it ridiculously on top of some newspaper dispensers so it could be clearly seen through the window of the office. I calmly walked back to the clerk and said "Sorry, I bring my bike into this post office because the United States Postal Service doesn't supply a rack outside of the office for me to lock up." Thinking that things were over, and seeing the alarming rate at which my tab was climbing, I pulled out a $50 and $20 that I'd gotten from the bank on the way there, when the lady blows up in my face.
She elevated her voice and publicly chastised, reprimanded, and embarrassed me in front of the entire line within the post office for even thinking that it was "legal" or in line with policy to bring a bicycle inside. She then continued to tell me to grow up and buy a "freaking car."
The insults and embarrassment weren't what phased me at all in this situation. I come from an incredibly dysfunctional family and am used to ****fests of epic proportions. I looked at her, said nothing, picked up my boxes and asked the other clerk if she could help me. The silence in the office was pretty overwhelming for what I've seen at the PO, so she rang up my boxes and I handed her the money. A very cordial employee, she was, offering me a nice day and apologies for the incident.
Having shipped out my crap, I walked outside and rode home. The entire way home, I was thinking to myself, "Where in California Access Law does it prohibit bicycles in a public building?"
So, that's my question. If anybody here happens to know California State Law regarding bicycle access, I'd very much like to file a complaint against this employee for her actions, but also for the BS she spewed in my face for nearly two straight minutes.
Thanks.
I've always, always brought my bike into the main room or the lobby of the local post office without issue. However, today, one of the counter stations was unstaffed, creating a fat line behind me around 3pm.
So, a USPS employee at a counter went out of her way to find the kid with a messenger bag and funny looking shoes in the line. Well, that was me. She looked at me, said next in line, and when I got to the counter and started unloading boxes and envelopes, she started to lecture me on how my bicycle - clearly out of the way in a corner of the room - was the cause of the giant ass line in the freaking post office.
I bit my tongue, walked outside with my bicycle and placed it ridiculously on top of some newspaper dispensers so it could be clearly seen through the window of the office. I calmly walked back to the clerk and said "Sorry, I bring my bike into this post office because the United States Postal Service doesn't supply a rack outside of the office for me to lock up." Thinking that things were over, and seeing the alarming rate at which my tab was climbing, I pulled out a $50 and $20 that I'd gotten from the bank on the way there, when the lady blows up in my face.
She elevated her voice and publicly chastised, reprimanded, and embarrassed me in front of the entire line within the post office for even thinking that it was "legal" or in line with policy to bring a bicycle inside. She then continued to tell me to grow up and buy a "freaking car."
The insults and embarrassment weren't what phased me at all in this situation. I come from an incredibly dysfunctional family and am used to ****fests of epic proportions. I looked at her, said nothing, picked up my boxes and asked the other clerk if she could help me. The silence in the office was pretty overwhelming for what I've seen at the PO, so she rang up my boxes and I handed her the money. A very cordial employee, she was, offering me a nice day and apologies for the incident.
Having shipped out my crap, I walked outside and rode home. The entire way home, I was thinking to myself, "Where in California Access Law does it prohibit bicycles in a public building?"
So, that's my question. If anybody here happens to know California State Law regarding bicycle access, I'd very much like to file a complaint against this employee for her actions, but also for the BS she spewed in my face for nearly two straight minutes.
Thanks.
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Sounds like the postal employee was having a bad day. I sometimes stop at the PO on my way to work, and have often been told that bikes are not allowed in the building.
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I recently read the USPS Service was closing some locations thus lowering payroll in the process. May be the reason that person was passing her anger at you. Probably a case of bad timing, the bike was just a pretext to vent. I am not trying to excuse the postal employee, she obviously owes you an apology.
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I am a lawyer. I know of no California law that would cover this situation, one way or the other. As far as I know (and this advice is worth exactly what you're paying for it ), no California law regulates whether or not you can take a bike into any building not owned or leased by the State of California. The post office doesn't qualify.
Fortunately, you don't need a law. Her behavior was waaaaaaay out of line. Not as a legal matter, and certainly not as a Law Of The State of California matter (there is nothing illegal about being an a-hole or giving lousy customer service), but dollars to dounts there are postal service regulations that say this is unacceptible-icky-poo for a counter agent to berate a customer that way.
Bottom line - write up the complaint if you want to. (I hope you got her name or can at least give a good enouogh description of her that she can be identified.) You rcomplaint alone won't ge her fired, but I would be very surprised if this is the first time she went postal (sorry, I had to) on someone. This is a civil service job (or the equivalent) so it will take documentation to get her canned. Whether your complaint is the first or last step in the process, it's an important one.
Here's how to do it for maximum effect. Do not be in any way defensive about your having brought in the bike, or anything like that. It really does not mattr if she was right or wrong on the policy re bikes in the building (although it would not hurt to say that the bike was not blocking anything or anyone). -- she was dead wrong in how she treated you, so that should be the focus. Stick to facts, and avoid bringing your "feelings" into it - by that I mean don't say that "I feel like she . . . ." Just say what happened in as much detail as you can remember. Keep your tone rational and business-like. You can say how upsetting this was and how angry or embarrassed or anxious this made you, but say it that way. Do not under any circumstances resort to name-calling - that is an instant loss of all credibility.
Mail it. Address it to "Postmaster" at the address and zip code of that post office.
If you really want to get their juices flowing, cc your Congressman. Seriously. The P.O is kinda-sorta still connected to the federal government, and Congresspeople take the concerns of their constituents in dealing with such things very seriously.
BTW - Iw ould not be at all surprised if, assuming there is any sort of investigation, the clerk who helped you rats out the bad actor. I have every confidence that Ms. Cranky-Pants is every bit as nasty to her co-workers as she is to customers. I won't go so far as to predict it, but there is a decent chance that others in that branch would jump at the chance to give her the heave-ho.
of course, if you have cooled off and have decided not to bother, that's okay, too. But if you are going to make the complaint, this is the be3st way to maximize your chances of getting this PITA the fun she deserves.
Fortunately, you don't need a law. Her behavior was waaaaaaay out of line. Not as a legal matter, and certainly not as a Law Of The State of California matter (there is nothing illegal about being an a-hole or giving lousy customer service), but dollars to dounts there are postal service regulations that say this is unacceptible-icky-poo for a counter agent to berate a customer that way.
Bottom line - write up the complaint if you want to. (I hope you got her name or can at least give a good enouogh description of her that she can be identified.) You rcomplaint alone won't ge her fired, but I would be very surprised if this is the first time she went postal (sorry, I had to) on someone. This is a civil service job (or the equivalent) so it will take documentation to get her canned. Whether your complaint is the first or last step in the process, it's an important one.
Here's how to do it for maximum effect. Do not be in any way defensive about your having brought in the bike, or anything like that. It really does not mattr if she was right or wrong on the policy re bikes in the building (although it would not hurt to say that the bike was not blocking anything or anyone). -- she was dead wrong in how she treated you, so that should be the focus. Stick to facts, and avoid bringing your "feelings" into it - by that I mean don't say that "I feel like she . . . ." Just say what happened in as much detail as you can remember. Keep your tone rational and business-like. You can say how upsetting this was and how angry or embarrassed or anxious this made you, but say it that way. Do not under any circumstances resort to name-calling - that is an instant loss of all credibility.
Mail it. Address it to "Postmaster" at the address and zip code of that post office.
If you really want to get their juices flowing, cc your Congressman. Seriously. The P.O is kinda-sorta still connected to the federal government, and Congresspeople take the concerns of their constituents in dealing with such things very seriously.
BTW - Iw ould not be at all surprised if, assuming there is any sort of investigation, the clerk who helped you rats out the bad actor. I have every confidence that Ms. Cranky-Pants is every bit as nasty to her co-workers as she is to customers. I won't go so far as to predict it, but there is a decent chance that others in that branch would jump at the chance to give her the heave-ho.
of course, if you have cooled off and have decided not to bother, that's okay, too. But if you are going to make the complaint, this is the be3st way to maximize your chances of getting this PITA the fun she deserves.
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I have no legal knowledge to back it up (besides, that part's been covered quite well), but I bring my bike into the San Jose post office all the time, and I've never gotten so much as a dirty look about it.
I think you just got a defective employee. Your calm, unintimidated demeanor was not only the winning move, but must've infuriated the shouty woman.
I think you just got a defective employee. Your calm, unintimidated demeanor was not only the winning move, but must've infuriated the shouty woman.
#7
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I am a lawyer. I know of no California law that would cover this situation, one way or the other. As far as I know (and this advice is worth exactly what you're paying for it ), no California law regulates whether or not you can take a bike into any building not owned or leased by the State of California. The post office doesn't qualify.
Fortunately, you don't need a law. Her behavior was waaaaaaay out of line. Not as a legal matter, and certainly not as a Law Of The State of California matter (there is nothing illegal about being an a-hole or giving lousy customer service), but dollars to dounts there are postal service regulations that say this is unacceptible-icky-poo for a counter agent to berate a customer that way.
Bottom line - write up the complaint if you want to. (I hope you got her name or can at least give a good enouogh description of her that she can be identified.) You rcomplaint alone won't ge her fired, but I would be very surprised if this is the first time she went postal (sorry, I had to) on someone. This is a civil service job (or the equivalent) so it will take documentation to get her canned. Whether your complaint is the first or last step in the process, it's an important one.
Here's how to do it for maximum effect. Do not be in any way defensive about your having brought in the bike, or anything like that. It really does not mattr if she was right or wrong on the policy re bikes in the building (although it would not hurt to say that the bike was not blocking anything or anyone). -- she was dead wrong in how she treated you, so that should be the focus. Stick to facts, and avoid bringing your "feelings" into it - by that I mean don't say that "I feel like she . . . ." Just say what happened in as much detail as you can remember. Keep your tone rational and business-like. You can say how upsetting this was and how angry or embarrassed or anxious this made you, but say it that way. Do not under any circumstances resort to name-calling - that is an instant loss of all credibility.
Mail it. Address it to "Postmaster" at the address and zip code of that post office.
If you really want to get their juices flowing, cc your Congressman. Seriously. The P.O is kinda-sorta still connected to the federal government, and Congresspeople take the concerns of their constituents in dealing with such things very seriously.
BTW - Iw ould not be at all surprised if, assuming there is any sort of investigation, the clerk who helped you rats out the bad actor. I have every confidence that Ms. Cranky-Pants is every bit as nasty to her co-workers as she is to customers. I won't go so far as to predict it, but there is a decent chance that others in that branch would jump at the chance to give her the heave-ho.
of course, if you have cooled off and have decided not to bother, that's okay, too. But if you are going to make the complaint, this is the be3st way to maximize your chances of getting this PITA the fun she deserves.
Fortunately, you don't need a law. Her behavior was waaaaaaay out of line. Not as a legal matter, and certainly not as a Law Of The State of California matter (there is nothing illegal about being an a-hole or giving lousy customer service), but dollars to dounts there are postal service regulations that say this is unacceptible-icky-poo for a counter agent to berate a customer that way.
Bottom line - write up the complaint if you want to. (I hope you got her name or can at least give a good enouogh description of her that she can be identified.) You rcomplaint alone won't ge her fired, but I would be very surprised if this is the first time she went postal (sorry, I had to) on someone. This is a civil service job (or the equivalent) so it will take documentation to get her canned. Whether your complaint is the first or last step in the process, it's an important one.
Here's how to do it for maximum effect. Do not be in any way defensive about your having brought in the bike, or anything like that. It really does not mattr if she was right or wrong on the policy re bikes in the building (although it would not hurt to say that the bike was not blocking anything or anyone). -- she was dead wrong in how she treated you, so that should be the focus. Stick to facts, and avoid bringing your "feelings" into it - by that I mean don't say that "I feel like she . . . ." Just say what happened in as much detail as you can remember. Keep your tone rational and business-like. You can say how upsetting this was and how angry or embarrassed or anxious this made you, but say it that way. Do not under any circumstances resort to name-calling - that is an instant loss of all credibility.
Mail it. Address it to "Postmaster" at the address and zip code of that post office.
If you really want to get their juices flowing, cc your Congressman. Seriously. The P.O is kinda-sorta still connected to the federal government, and Congresspeople take the concerns of their constituents in dealing with such things very seriously.
BTW - Iw ould not be at all surprised if, assuming there is any sort of investigation, the clerk who helped you rats out the bad actor. I have every confidence that Ms. Cranky-Pants is every bit as nasty to her co-workers as she is to customers. I won't go so far as to predict it, but there is a decent chance that others in that branch would jump at the chance to give her the heave-ho.
of course, if you have cooled off and have decided not to bother, that's okay, too. But if you are going to make the complaint, this is the be3st way to maximize your chances of getting this PITA the fun she deserves.
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You seem to be getting very good advice IMHO though I'm not a lawyer. One thing you might ask for in your letter (and I'd check with a lawyer first on how to bring this up): there are cameras all over many government public spaces. I wouldn't be surprised if there's one in the lobby of your post office too. So there might be video proof of the confrontation. You might also ask for witnesses (put a sign up outside the post office for a few days or if your town is small enough, you can advertise in the local newspaper classifieds for very little money.
I'm curious about where in NorCal your post office is because while mine has nice enough clerks, the service SUCKS and I've had to complain several times.
I'm curious about where in NorCal your post office is because while mine has nice enough clerks, the service SUCKS and I've had to complain several times.
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Hell, part of what makes customer service jobs so difficult is not being able to yell at people when they do deserve it.
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San Leandro.
Frenchfit - I'm not throwing a fit. I was inquiring about California Access Laws and sharing an unpleasant experience I had today. In fact, I think my actions represented a change in the way confrontations should be dealt with - I walked away. Your comment does not come off well at all.
Bikingshearer - Thanks for that. I supposed that there really wasn't anything regarding bikes in stores and stuff. I just figured there might've been a chance, and then it could've stuck a little bit over at my local PO.
I've decided not to file a complaint, as I'm constantly in that post office and don't want to be seen as the kid who got his feelings hurt over a bike. I just really didn't understand at all...I was just blown away. I'm a salesman and mechanic - I interact with people all day long, and even on really ****ty days I don't let it come across.
I suppose I need to build a beater bike.
Frenchfit - I'm not throwing a fit. I was inquiring about California Access Laws and sharing an unpleasant experience I had today. In fact, I think my actions represented a change in the way confrontations should be dealt with - I walked away. Your comment does not come off well at all.
Bikingshearer - Thanks for that. I supposed that there really wasn't anything regarding bikes in stores and stuff. I just figured there might've been a chance, and then it could've stuck a little bit over at my local PO.
I've decided not to file a complaint, as I'm constantly in that post office and don't want to be seen as the kid who got his feelings hurt over a bike. I just really didn't understand at all...I was just blown away. I'm a salesman and mechanic - I interact with people all day long, and even on really ****ty days I don't let it come across.
I suppose I need to build a beater bike.
Last edited by DRietz; 04-22-11 at 12:59 AM.
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I've decided not to file a complaint, as I'm constantly in that post office and don't want to be seen as the kid who got his feelings hurt over a bike. I just really didn't understand at all...I was just blown away. I'm a salesman and mechanic - I interact with people all day long, and even on really ****ty days I don't let it come across.
I suppose I need to build a beater bike.
I suppose I need to build a beater bike.
It's good you willing to let it go. My advice is that if this or something similar happens again by the same employee, your best course of action is to speak with her supervisor. Explain to the supervisor what just happen and the inappropriate remarks made. Point out the employee in the next window as a witness. As for an apology and with all things being equal, forgive and forget so that both side can continue with life with no harsh feelings.
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No offense, but why don't you just grow up and get a freaking car?
That is just classic.
Because my Huffy 10-speed bike is really just for riding around the park (of course, I stay on the sidewalks to get there).
Wow. Sorry you had this experience. Maybe post a Yelp review if you don't want to do a formal complaint? Not sure if anyone reads those or cares...
That is just classic.
Because my Huffy 10-speed bike is really just for riding around the park (of course, I stay on the sidewalks to get there).
Wow. Sorry you had this experience. Maybe post a Yelp review if you don't want to do a formal complaint? Not sure if anyone reads those or cares...
Last edited by ROJA; 04-22-11 at 11:04 AM.
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Fire codes will prevent blocking egress with anything, including bikes. Usually this means not storing bikes (or boxes or furniture) in stairwells and the like, but it can also mean hallways and door access. If the post office had to make some kind of argument in defense of this clerk's actions, that's what they'd probably use.
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Federal laws may trump CA law, since you're talking about a US post office.
I had a similar experience (though not nearly as unpleasant as yours) in Cupertino's PO. I asked to talk to the manager, who told me the rule came to be after that bomb episode in New York at a recruiting center. The suspect was believed to have been on a bicycle. I don't follow that logic at all, but it's the government.
I also asked the manager if there was a bike rack outside that I had somehow missed. He acknowledged there wasn't. Kind of ironic for a former sponsor of a 7-time TdF winner to be so bike-unfriendly!
I had a similar experience (though not nearly as unpleasant as yours) in Cupertino's PO. I asked to talk to the manager, who told me the rule came to be after that bomb episode in New York at a recruiting center. The suspect was believed to have been on a bicycle. I don't follow that logic at all, but it's the government.
I also asked the manager if there was a bike rack outside that I had somehow missed. He acknowledged there wasn't. Kind of ironic for a former sponsor of a 7-time TdF winner to be so bike-unfriendly!
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I have to say that I love love my folding bike (Xootr Swift) for this exact reason. I bring it with me everywhere and I've never had a problem. Safeway, Trader Joe's, Blockbuster, BART, govt buildings, church, offices, etc. Sometimes restaurants can be tricky if they don't have much room. I hate locking up a bike and I find myself constantly worrying about it if I do.
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Roja - I own a car. I don't think trivial 1mile trips are worth the gas, and I like to ride my bike... I fail to see how that's a sign of immaturity. In fact, it seems far more logical to me than driving the 1mile trip, wasting the gas, and contributing to the world's already abundant pollution problem. I think people who rely on cars for everything should grow up.
Scott - I see your point, and realized that's probably all that would be an issue in terms of having a bike in a building. But, it also doesn't apply as my machine was in a corner out of the way.
Oh well, water under the bridge I suppose.
Scott - I see your point, and realized that's probably all that would be an issue in terms of having a bike in a building. But, it also doesn't apply as my machine was in a corner out of the way.
Oh well, water under the bridge I suppose.
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Hey dude- I was totally joking by repeating what she told you. I thought she was ridiculous. I ride my bike everywhere (and almost always bring it inside), so I am with you. Sorry if I seemed insensitive- I didn't mean it that way. In fact, I corrected my post to clarify.
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That was really well-played on your part DRietz. While you felt embarrassed, I'm sure the other folks waiting in line were mostly with you.
I just have one suggestion that you have probably already considered and eliminated. I ship several packages each day via USPS without going to the P.O. I just print out the shipping from their website and hand it to my carrier. In fact, I have a chunk of wood that I put on the mailbox to let the carrier know I have packages to go out. There are lots of reasons this may not work for you, like not being home when the carrier comes (mine does my block first), but it may be convenient to work something out where you work, assuming your workplace gets mail deliveries daily and you have a good carrier.
I just have one suggestion that you have probably already considered and eliminated. I ship several packages each day via USPS without going to the P.O. I just print out the shipping from their website and hand it to my carrier. In fact, I have a chunk of wood that I put on the mailbox to let the carrier know I have packages to go out. There are lots of reasons this may not work for you, like not being home when the carrier comes (mine does my block first), but it may be convenient to work something out where you work, assuming your workplace gets mail deliveries daily and you have a good carrier.
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Fire codes will prevent blocking egress with anything, including bikes. Usually this means not storing bikes (or boxes or furniture) in stairwells and the like, but it can also mean hallways and door access. If the post office had to make some kind of argument in defense of this clerk's actions, that's what they'd probably use.
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