Posts about Georgia
Pedestrians
Nelson's judge shows sympathy; Anne Arundel police don't
Raquel Nelson has finally encountered some compassion in her Georgia jaywalking conviction case, getting a minimal sentence and even a chance at a new trial from the judge. But a comment on another fatality closer to home, in Anne Arundel County, shows that windshield perspective in the justice system goes beyond Cobb County, Georgia.
The judge, Katherine Tanksley, gave Nelson 12 months probation and 40 hours of community service, with no fines and no jail time. In an unusual step, Tanksley also gave her the option of a new trial, the Atlanta Journal-Constitution reports.
This may be the first time Nelson has gotten empathy from any officials in the county, who threw the book at her because a driver who'd been drinking hit her 4-year-old son. Nelson and her family were trying to cross a street from the bus stop to her home in the same way that numerous people do every day, where no realistic alternative exists.
The county transportation officials who designed this street to be so dangerous, the AJC reporter who pointed out she hadn't been charged, the prosecutors who overcharged the case, and the jurors who had never taken a public bus all showed no remorse for encouraging a situation where people have to break laws and put themselves in dangerous situations just to travel to work and shop.
A similar windshield perspective is on display in a recent Anne Arundel crash. A driver fatally hit Alex Canales Hernandez and, as in Nelson's case, left the scene. Also like Nelson's, it happened on a busy arterial street that's been designed for maximum vehicle speeds and not for bicycle or pedestrian safety.
Anne Arundel police spokesperson Justin Mulcahy told the Maryland Gazette, "Certain stretches of roads should really be just for vehicles." He also encouraged cyclists, pedestrians, and drivers all to pay attention and make eye contact.
Setting aside the fact that "vehicles" include bicycles, certain stretches of road are just for motor vehicles, like freeways. But those always coexist with networks of other roads that can potentially serve all modes. In most suburban areas like Cobb County, Georgia and Anne Arundel County, Maryland, designers have often made local arterial roads more freeway-like without actually providing for safe bicycle and pedestrian alternatives.
Bus stops become tiny roadside perches mere feet from speeding traffic with few or no places to cross, and people trying to get around without a car, sometimes because they can't afford one, have to take their lives into their hands and risk being blamed when anything goes wrong.
Not only do rude commenters and commentators blame these victims, but so do some police and callous spokespeople like Mulcahy or Jonathan Perok of Prince William, who blamed a pedestrian for getting killed in Dumfries who turned out to be a VDOT contractor there to install a traffic signal.
Jay Mallin made a great video in response to a similar Prince William incident that's equally relevant to Raquel Nelson's and Alex Canales Hernandez's cases. It's worth rewatching:
Wired also wrote today about a new report (PDF) framing transportation as a civil rights issue:
According to the report, the average cost of owning a car is just shy of $9,500. That may not sound like much until you realize the federal poverty level is $22,350 for a family of four. One-third of low-income African-American households do not have access to an automobile. That figure is 25 percent among low-income Latino families and 12.1 percent for whites. Racial minorities are four times more likely than whites to use public transit to get to work.The report couldn't be more timely. Sarah Goodyear asks, could the intense media coverage of this issue mean that society is ready to start taking pedestrian rights more seriously?Yet the federal government allocates 80 percent of its transportation funding to highways.
"This is the civil rights dilemma: Our laws purport to level the playing field, but our transportation choices have effectively barred millions of people from accessing it," the report states. "Traditional nondiscrimination protections cannot protect people for whom opportunities are literally out of reach."
Pedestrians
The streets and the courts failed Raquel Nelson
Last week, many reported the horrific story of Raquel Nelson, whose four-year-old son was killed as she attempted to cross the street with him to reach their home. Nelson was convicted of reckless conduct, improperly crossing a roadway and second-degree homicide by vehicle, all for the crime of being a pedestrian in the car-centric Atlanta suburbs.
The conviction carried a sentence of up to 36 months, while the driver who killed Nelson's son The more information that came out, the more outrageous the charges against Nelson became. From an Atlanta Journal-Constitution story that came out the month after the incident: When the Cobb County Transit bus finally stopped directly across from Somerpoint Apartments, night had fallen. She and the children crossed two lanes and waited with other passengers on the raised median for a break in traffic. The nearest crosswalks were three-tenths of a mile in either direction, and Nelson wanted to get her children inside as soon as possible. A.J. carried a plastic bag holding a goldfish they'd purchased.
"One girl ran across the street," Nelson said. "For some odd reason, I guess he saw the girl and decided to run out behind her. I said, 'Stop, A.J.,' and he was in the middle of the street so I said keep going. That's when we all got hit." And as Radley Balko wrote in the Huffington Post, the odds were stacked against Nelson from the start.
"During jury questioning, none of the jurors who would eventually convict Nelson raised their hands when asked if they relied on public transportation," Balko wrote. "Just one juror admitted to ever having ridden a public bus, though in response to a subsequent question, a few said they'd taken a bus to Braves games."
Indeed, as David Goldberg wrote on T4America's campaign blog, "Nelson, 30 and African-American, was convicted on the charge this week by six jurors who were not her peers. All were middle-class whites" and did not ride public transit. "In other words, none had ever been in Nelson's shoes."
Many have asked if there's any way to help. Some expressed a desire to contribute to Nelson's legal fund. Others wanted to know if they could write a letter to someone demanding that Nelson's charges be expunged.
I've left two messages over the past week with Nelson's lawyer asking these (and other) questions. Neither message has been returned. So I can't answer your questions about a legal defense fund. Nelson's sentencing hearing is on Tuesday.
But there are now two petitions circulating. One, circulating at the Care2 petition site, asks the governor to overturn Nelson's verdict. At the moment I'm writing this, the petition has gathered 4,369 signatures, on the way to its goal of 10,000.
Another, which currently has 1,061 signatures at Change.org, asks not only for Nelson's release but for the installation of a crosswalk. That petition is addressed to the Cobb County Transportation Department, Cobb County Commissioner District 1 (Helen Goreham), and the Solicitor General (Barry Morgan).
We'll stay tuned for news on Nelson's sentence on Tuesday.
Cross-posted at Streetsblog Capitol Hill.
The bus stop on Austell Road and the path taken by Raquel Nelson to get to her apartment complex across the street. No marked crossings are visible in the photo. Image from T4America.On April 10, she and her three children
Look at all the ways the design of the city's transportation system failed Nelson and her family. Bus service runs once an hour. There is no crosswalk to connect a bus stop with an apartment building it serves
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