Just stop doggin me around

Carla Axtman

When Oregon State Senator Floyd Prozanski (D-Eugene) floated a proposed new law requiring all adults to wear a bicycle helmet, the reaction was a swift and harsh "no". So much so that Prozanski quickly backed off.

When I first heard of the proposal, I felt myself annoyed and genuinely offended at the idea. I even thought to myself, "I could have told him that this would happen" when hearing of the onslaught of negative phone calls and emails Prozanski's office received. It just seemed very obvious to me.

My reaction and why it hit such a nerve for so many other Oregonians is a testament, I think, to the libertarian sensibility that runs wide through our state. Notice I don't mean "Libertarian", as in the Party. I use that label to infer the idea of the "leave me alone" ethos that tends to be an intregal part of what we're about in the west. As a rule, the western U.S. seems to be a region whose citizens have a strong preference for government to remain out of their personal decisions.

That's not to say that we don't want the government around--or even that we dislike it, in general. On the contrary, many of us believe that effective and responsible government is crucial to our society. However, we tend to cast a jaundiced eye at any law which would give the government power over the way we choose to live our lives.

Some have confused this ethos with the ideas of the Libertarian Party, specifically in economic terms. I think to do so demonstrates a fundamental misunderstanding of our mindset here. We're not opposed to government taxation and spending per se. In fact, we'll be the first to embrace it in many cases. What we (in general terms, of course) are opposed to is being told that we can't live the way we like--as long as we're not harming anyone else.

And that means if we choose to harm ourselves..well, that's our choice. We don't want (or pay) our elected officials to babysit us like that, even with the best of intentions. And to me, that's exactly how it feels.

I'm not sure from where this ethos began. Perhaps it was from all of those independent-minded pioneers who ventured from parts east on the continent (my great-grandmother being one of them--from Iowa). Maybe its the mountain men and cowboys who were among the first adventurers (with the exception of the Native Americans) to come here. My fourth grade Oregon history reader was chock full of tales of daring-do from those maverick explorers who carried their lives on their back and lived on their own terms (right or wrong).

Its clear to me that no matter where it started, the feeling of "let me be" runs strong here and isn't going away.

Oregon politicians would do well to remember that.

Oh..and here's a little 80s ditty for use as a mnemonic device.

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    I'm not sure from where this ethos began. Perhaps it was from all of those independent-minded pioneers who ventured from parts east on the continent

    I'm guessing the ethos began right at about the time a bunch of bicycle riding Portland liberals came to understand that their ox would now be gored by Prozanzki and the rest of his legislative nannycrat buddies.

    Just guessing, but there wasn't much of an outcry from the latest victims of Mother Oregon when motorcyclists were repeatedly thrown under the bus starting back in the '70s and '80s and continuing on to the present.

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    Hmm...I'm not sure about that, Pat.

    I was too young in the 70s and 80s to pay attention to the motorcycle helmet law..but I've been a consistent detractor. The same with seat belt laws for adults.

    And given the Death With Dignity law--it seems like there's a definite libertarian thread running through this region.

    Now you could be entirely right that this is a newer phenomenon...but it doesn't seem like it.

  • DanK (unverified)
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    Carla, maybe you're interesting post is commenting more on the zeitgeist of the Oregon politic, but I'll take the opportunity to say that I think the helmet proposal was good policy. I see no substantive difference between it and speed limits or seat belt laws. In fact, I would go even further and require bright clothing and taillights.

    Government has a legitimate interest in requiring a minimal level of safety on the streets and highways we all share. In fact, it seems to me that's kind of one of the main things government should be involved in.

    Why should society foot the bill for the increased medical costs associated with a dangerous behavior when a simple preventative alternative is available? It's not like we're asking them to quit smoking--just to wear a little hat so their brains won't end up on the pavement.

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    but I'll take the opportunity to say that I think the helmet proposal was good policy. I see no substantive difference between it and speed limits or seat belt laws. In fact, I would go even further and require bright clothing and taillights.

    Speed limits, tail lights and, arguably, even bright clothing are all about protecting the safety of others as much as that of the driver/rider. Remember the basic premise of our American notions on freedom: Your rights end where mine begin. Which is why I don't reasonably have a right to go driving around in the middle of the night with no tail lights - someone else could be hurt and I don't have a right to sacrifice their safety at the alter of mine enjoyment of my rights.

    Helmet and seatbelt laws are thus fundamentally different.

    I agree with Carla and Pat on those.

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    PS.

    Life, Liberty and the Pursuit of Happiness - Thomas Jefferson.

    Those are MY rights, not the state's rights. My inalienable rights.

    Helmet laws directly contravene those rights.

  • GLV (unverified)
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    Com on Kev, you think helmet laws are wrong because they make you unhappy? Fortunately for those of us whose brains have not been splattered on the pavement, the Declaration of Independence does not constitute the law of the land.

  • Mike Schryver (unverified)
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    GLV, you may be technically correct that the Declaration doesn't constitute the law of the land, but you aren't going to win many people over to your way of thinking with statements like that.

  • DanK (unverified)
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    Your rights end where mine begin.

    It's rarely that simple Kevin. For starters, mere interests and inclinations are not civil rights. Even our most cherished individual rights have ragged, overlapping edges.

    I have an interest in living in a society that isn't spending inordinate sums of money to reconstruct the shattered heads of free-wheeling bikers. That is at least as worthy of consideration as the desire of some bicyclists to ride bare headed into the nearest concrete barrier.

    Indulge me for a moment...

    I have to pay the cop to reroute traffic around the scene, I have to pay the coroner to transport the corpse, etc. If we're lucky, I'll have to pay slightly higher health care costs to cover the trauma team, and will have to pay higher taxes when the recovering biker is on permanent disability because he can no longer speak his own name.

    Driving without a seat belt or biking without a helmet is not quite the victimless indulgence you're suggesting. It costs us all, perhaps more dearly than we might guess.

    I get what you are saying Kevin, there is a difference in magnitude. I'll admit to that. To me, however, it isn't enough of a difference.

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    It's rarely that simple Kevin.

    Of course not. Which is why I referred to it as the basic premise of our notions on freedoms rather than the final word on them.

    have an interest in living in a society that isn't spending inordinate sums of money to reconstruct the shattered heads of free-wheeling bikers. That is at least as worthy of consideration as the desire of some bicyclists to ride bare headed into the nearest concrete barrier.

    In my view that concern is taken care of with our liability insurance laws, which I would argue are consistent with the basic premise articulated above because it's at least a hedge against the larger society having to foot the bill.

    I don't have a problem with you having a hedge against having to pay for my folly. But beyond that it's really none of your business unless you can show me some other of your inalienable rights might be contravened. And then the fix would be to mitigate the risk to your rights and no more than that.

    Let me go further and express my unqualified support for laws requiring that safety equipment be available should I or any other citizen wish to make use of them. But the compulsory use of them crosses the line.

    I get what you are saying Kevin, there is a difference in magnitude. I'll admit to that. To me, however, it isn't enough of a difference.

    I disagree with your reasoning. But I do respect your dogged pursuit of discussing the actual merits rather than just taking shots at the messenger.

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    All the pro-nanny posts seem to include the fact free trope regarding head trauma and the resulting burden to society.

    I've done the research a few times back in the day so here's the challenge. Instead of going with your gut, show me the specific statistics that conclusively demonstrate that there are significantly higher costs per person involved in auto versus MC or bicycle crashes.

    If you don't have the time I can tell you that they're non-existent except where dishonest safetycrats have fiddled the numbers.

    So once more:

    Until you are able to madate airbags and helmets for Old People Taking a Shower or Old People Standing at the top of the Stairs in Their Own Homes........ Or maybe state mandated grafting of Water Wings to Tender Children standing by Mommy and Daddy's Swimming Pool.......Or state monitored electrical shocks to people talking on cellphones during rush our.......or a nine o'clock curfew on all automobile traffic every Saturday night when the drunks start running.......Or the myriad other actual areas of danger.....spare us your parental input.

  • Miles (unverified)
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    I think you're right about the libertarian streak that runs through Oregon and the west. When I traveled east for college, my liberal friends didn't share that same libertarian streak. This was the time when campus speech codes were sweeping through small northeast colleges, and they didn't understand how a good liberal could oppose such codes. I didn't understand how a good liberal could support them.

    On helmets specfically, I see both sides. But it is a rare death/severe injury that only affects the deceased/injured. Often we end up paying for some or all of the medical costs, but even when that doesn't happen there are the social costs to the dead/injured guy's family, friends, and the other drivers involved.

    We have lots of laws on the books designed to mitigate social costs like these: you're not allowed to sell sex, even if both parties consent; you're not allowed to take whatever drugs you want even if you never steal to support your habit; it's illegal to kill yourself unless the state certifies that you're suffering from an end-of-life disease (although they have a hard time enforcing this); adultery is still illegal.

    I'm not convinced that dying without a helmet is a victimless act. If there are economic or social costs the people, though their government, have a right to demand that you behave according to community standards.

  • Bobby Wade (unverified)
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    Dealing with the "hassle" of wearing a seat-belt was annoying back in the 80s. Just the same as it would be to learn to deal with the hassle of always wearing a helmet.

    To me, perhaps the oddest part of this discussion is that the VAST majority of bicyclists I know wouldn't be caught dead (pardon the pun) riding their bike without wearing a helmet. Who is voicing the biggest opposition to this, non-bicyclists?

  • truffula (unverified)
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    I'm not sure from where this ethos began.

    I find it hard to take this question seriously. I don't know anybody, western, eastern, or in between, who hankers for more government oversight over their life (in this case, bodily sovereignty).

    I do know plenty of people who think the government ought to limit other people's bodily autonomy. Perhaps in the west we are less interested in controling the bodies of other people than are folks elsewhere (though recent conversations about abortion here at Blue Oregon suggest that we pioneering westerners are fairly willing if it's only women's bodies).

    those maverick explorers who carried their lives on their back and lived on their own terms

    Uh, Roanoake? Jamestown? Ville Marie?

    Everybody thinks she/he is special. And as I learned in preschool, we all are. But perhaps not for the reasons we imagine.

  • I am the law (unverified)
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    Clearly, none of you are legal scholars.

    First, the Declaration of Independence has no force of law. Life, liberty, and the pursuit of happiness are pretty words in a more or less (legally) meaningless document.

    Second, law by its very nature is paternalistic. EVERY law impinges upon someone's ability to do something they might like to do. Thus, asking whether the law "would give the government power over the way we choose to live our lives" gives you no useful information. The RIGHT question to ask is whether the benefits of the proposed law law outweigh the restrictions on liberties that it entails.

    In the extreme cases (like, say, laws against murder), that calculus is pretty easy. When it comes to things like bike helmets, its a tougher call, and I just don't know enough to make it. How many helmeted drivers who die would have died with or without a helmet? Are drivers more agressive with helmeted cyclists because they think less risk is involved? How are death and injury rates affected when jurisdiction enact and enforce helmet laws?

    This juvenile "I don't wanna" attitude makes for terrible social policy. So stop patting yourselves on the back for being so "maverick" and start thinking about what makes the most sense as a social rule. Personally, I don't have enough information to make that judgment. A post compiling that sort of information would be much more constructive than this nonsense.

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    VAST majority of bicyclists I know wouldn't be caught dead (pardon the pun) riding their bike without wearing a helmet

    And herein lies the rub. You seem unable to see the difference between useful behavior and state mandated behavior.

    If the MC helmet laws were repealed tomorrow, I would wear a helmet anytime I travel the metro freeways, but I might strap it on the backrest when taking a little run up Wildcat Mountain Drive out here by my house.

    I would do the risk assessment and would decide when it was appropriate for ME to decide when I need additional protection, since I am the one at risk.

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    First, the Declaration of Independence has no force of law. Life, liberty, and the pursuit of happiness are pretty words in a more or less (legally) meaningless document.

    The snarky response would be to ask what the word or phrase is for an argument debunking an unstated assertion. Presumably someone familiar with the law will know...

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    Maverick, libertarian, whatever, just be a responsible rider. Because bikes and cars have to follow the same rules, its important that I can see you and that if either of us makes a mistake, your brains won't be splattered on the sidewalk. When I see people without helmets, I'm disgusted that those folks consider their lives to be worth so little. Some may say its a choice and that's fine, but I don't want the life of someone on anyone's hands because that person chose not to wear a helmet.

    We are a society, therefore we bear one another's burdens. Wouldn't it be better if we took care of each other in that way? Wear your freaking helmet.

  • Steve Bucknum (unverified)
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    The ethos that Carla reflects is accurate for those of us with our roots here in Oregon. My family only had one part come in the covered wagon, the rest took the train, but we were all here 100 years ago except those not born yet. And the "leave me alone unless you can prove a necessary case" ethos is strong and vibrant in my family.

    And that is where the good State Senator from Eugene went wrong. He didn't make a case for the necessity of getting into my life. Now, I don't ride a bicycle often, maybe twice a decade at this stage of my life. But I really don't want to wear a helmet. I'd wear one if I was regularly in traffic, but on the back roads and streets near where I live, where you can see a car coming for half a mile, and they don't come that often - I don't need a helmet.

    But I could be convinced it could be a good State law. You'd have to prove to me that it costs me a lot of money to pay for the medical expenses of the bicycle riders that were injured for the lack of a helmet. If it costs me and everyone one of my neighbors lots of money to pay for those medical expenses, and it had better be provable, then and only then would I entertain consideration of a helmet law. I would entertain consideration as one possible option out of many options. Perhaps helmets must be worn in areas of population density of over 500 people per square mile. Perhaps bicycle riders could post a bond or provide proof of insurance in lieu of wearing a helmet.

    In my sense of sensibilities, you don't jump to the solution before you have defined and explored both the problem and the possible solutions. Who knows - helmets that slide into your field of vision might increase accidents??

    So, the Senator blew it.

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    Second, law by its very nature is paternalistic. EVERY law impinges upon someone's ability to do something they might like to do.

    You missed the rest, it seems. Its about doing what I want to do until and unless my actions affect someone else. So there is in fact, an important qualifier that you omitted.

    When it comes to things like bike helmets, its a tougher call, and I just don't know enough to make it. How many helmeted drivers who die would have died with or without a helmet? Are drivers more agressive with helmeted cyclists because they think less risk is involved? How are death and injury rates affected when jurisdiction enact and enforce helmet laws?

    I see. So its really for you about the math: death, injury, insurance rates, medical stuff, etc.

    Would you hold the same standard for condoms as you do for bike helmets? How would you enforce it? And if you don't hold that same standard..where do you draw the line, and why?

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    Crud. My comment is all goofed up in a sea of italics.

    Let's try it again:

    Second, law by its very nature is paternalistic. EVERY law impinges upon someone's ability to do something they might like to do.

    You missed the rest, it seems. Its about doing what I want to do until and unless my actions affect someone else. So there is in fact, an important qualifier that you omitted.

    When it comes to things like bike helmets, its a tougher call, and I just don't know enough to make it. How many helmeted drivers who die would have died with or without a helmet? Are drivers more agressive with helmeted cyclists because they think less risk is involved? How are death and injury rates affected when jurisdiction enact and enforce helmet laws?

    I see. So its really for you about the math: death, injury, insurance rates, medical stuff, etc.

    Would you hold the same standard for condoms as you do for bike helmets? How would you enforce it? And if you don't hold that same standard..where do you draw the line, and why?

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    Still messed up.

    Someone better at this than me will have to fix it.

  • Marshall Collins (unverified)
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    I can see where I could be persueded that requiring helmets should be law but not right now. This proposal is not the quick band-aid to bike/car relationships. Until we add laws and policies that make our roads more suitable for the dual use as well as enhancing traffic patrol to enforce those laws a helmet law is going to be pretty meaningless. Not quite the election year talking point he was looking for. Sorry Floyd.

  • Tom Civiletti (unverified)
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    Pat Ryan wrote:

    Until you are able to madate[sic] airbags and helmets for Old People Taking a Shower or Old People Standing at the top of the Stairs in Their Own Homes........

    While I am not too keen on government protecting adults from themselves, there is a difference between these proposed regulations and seatbelt and helmet laws - the latter apply to public, not private property. It's reasonable to argue that highway safety laws are bad policy, but I do not see the grounds for arguing that the state does not have legitimate power to regulate behavior on public highways.

  • Mike (unverified)
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    I don't understand what the big deal is. I think they're just trying to save people's lives with a helmet law.

    I dont' recall where I read this, but I saw something the other day that said something like of the 800 or so deaths among bicycle riders last year, 770 of them were not wearing helmets. These aren't precise #'s, but they're close (as is the ratio).

    Given the fact that in at least some of the non-lethal cases, the health care costs of injured riders ultimately come out of our pockets, I don't think it's particularly unfair. Nor do I think helmets are even that much of a burden.

    Just my $.02

  • Kurt Chapman (unverified)
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    Carla, another great post; and not just because you speak to my strong libertarian streak!

    Mike, your argument is exactly that which makes us fear government the most. If, closed head injuries are the real issue here, AND I could show you the statistics for closed head injuries sustained from AUTOMOBILE accidents, would you support mandatory helmet laws for adults in their autos? I did the data search about 12 years ago and the numbers are staggering in favor of auto related closed head injuries rather than bicycle related closed head injuries.

    Again, the nanycrats (great name whomever came up w/it) have nothing better o do than establishyet another mandatory infringement on normal adult activities.

    I ride a Harley and would wear a helmet regardless the law. It chaps me that there is such a law, but I don't fight it. This is over-reaching. next thing you know the nanycrats will be mandating safety harnesses w/D-Rings and bungie cords when we go up on the roof to clean gutters or hang Chrsitmas lights.

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    I was biking home from work one night about eight years ago when a monster truck driver broke the law and turned suddenly without signaling or looking.

    My helmet saved my life. But it wasn't just about me. The guy who broke the law had to fork over some money and probably has quite a sting in his insurance.

    But he didn't face vehicular manslaughter. Oddly enough, my decision to wear a helmet dramatically affected the rest of his life.

    Helmets are about more than just the person on the bicycle.

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    Oh, and I should say that the truck ran over me. Six broken bones and a ruined bike, but alive.

  • tr (unverified)
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    "the western U.S. seems to be a region whose citizens have a strong preference for government to remain out of their personal decisions."

    HAHAHAHAHAHAH

    Your pants are on fire, Carla.

    You and your liberal pals here on the blogs are the biggest proponents of government in our lives.. Wow. You can't be serious.

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    i haven't heard an argument against mandatory helmets that isn't pure bullshit. and of all people to argue against civic responsibility, it's anyone who dares call themself progressive.

    no one is walking this planet alone. no one is responsible to him- or herself alone. we all have obligations to others, and our refusal to honor those obligations demeans us as humans and reduces the humanity of our communities.

    no one has the right to endanger themself in public. you think it's ok if your choice means you end up with a brain injury or dead? what if it's my car that hits you: a minor accident, one that would have only resulted in injury except for your selfish choice to not wear a helmet? whose gets to live with the guilt the rest of their life? you, who made your choice, or me? i didn't do enough to kill you, but i have to bear that as long as i live.

    what about your children, friends, family, employer? these people matter less than your so-called right? the emergency workers who get to scoop your brains off the ground? the list of people affected by your choice is long, and few on that list deserve to go thru the pain, or even inconvenience, your stupidity puts them thru.

    and not wearing a helmet is stupid. it's not a choice; it's stupid. smoking is a right? meth is a right? russian roulette? when the hell did "rights" become self-destruction and a flipping-off of the society that has to pick up the mess your "choice" leaves behind?

    how about a compromise, for those who cling to their rights regardless of the implications upon other people? anyone suffering a head injury because of a bike accident, and not wearing a helmet, gets nothing. no insurance, no right to sue a drunk driver; nothing. the car driver is released from all responsibility for any head injuries. yup, carte blanche for those causing your head injuries. you want that right? you take the whole magilla. sue 'em for wrecking your bike or skinning your knee, but that massive head injury: tough shit, freedom warrior.

    bit first, explain to your kids, or your parents, or the people at work who happen to like you — to all the people who depend on you — that the wind in your hair means more to you than do they. give them the chance to tell you what you need to hear when making this choice:

    fuck you.

  • Sam Geggy (unverified)
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    Some bike helmet and injury stats:

    *a really honest link saying the Morton Salt Girl is the queen of that page, given the crappy data on this subject:

    http://www.industrializedcyclist.com/lies.html

    *national, awfully dated, but the concept remains intact:

    http://www.helmets.org/stats.htm

    *a number of graphs based on Oregon data -- the guy asks good questions: http://cyclerslife.blogspot.com/2008/07/portland-bike-crash-data.html

    I second the tenor of Kristin's story. As a motorcyclist who has had some really interesting wrecks of the slo-mo as well as the high speed freeway kind, I cannot say enough about the use of the right gear to fit the risks and vulnerabilities of a particular mode of transport. It's about ME, not about "the man" or anything else.

    Also an avid cyclist, I've had my share of close calls where bike handling skills were the only reason my bike, my noggin and my ass were intact. I've always been grateful to know that I had a nice second cranium wrapped around me to safeguard me till I've hit alzheimer's where I can wreak some real havoc. Legacy has an excellent driver's education program for those who do not use seat belts -- the trauma nurse is a bit too screamy and dogmatically self-righteous for my taste, assuming every last asshole in that auditorium thinks like TR and company; however, the statistics and the visuals to help make it real are worth every grinding minute of self-righteous rant. These are auto-related head injuries they are discussing, but when is the last time you saw a cyclist get off with nothing but a shake while the driver somehow sustained the massive injury? Never yet for me.

    There are folks on life sustaining systems and in vegetative care on the dollars of their families and you and me because protecting their brains responsibly was not part of their politics.

  • Brian (unverified)
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    I agree that consenting adults should be allowed to make their own decisions so long as those choices do not infringe upon the rights of others. However, all bets are off if were going to expect government to take care of everyone from cradle to grave (see "Nanny State"). You can't have it both ways.

  • Rose Wilde (unverified)
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    I think t.a. is onto something, although I wouldn't say it that way.

    On a philosophical/societal level I think we are seeing an expression of a highly individualistic culture, which teaches us to value our separateness/individuality/personal choices far over and above those who might be affected by those.

    But really, I think that's something of a myth, we are taught that Americans are individualistic, selfish even, and taught to value that "supposed" specialness of being American: "American Exceptionalism" we called it in my last college History class (History of American Thought an Society, with Thomas Haskell at Rice U -- a brilliant fellow).

    The myth that we are so different and that difference makes us special, somehow unique, is what makes those foolish enough to pride themselves on being able to argue successfully for your right to throw your naked head into on-coming traffic feel as though somehow this is a fabulous part of our culture.

    Come on, that's just plain silly.

    People, even adults, are remarkably willing to be led by authority. Will that change all of a sudden if we don't pass one measly law? I think not. Evolution works, but very VERY slowly. Read a little about social behavior in humans, and your faith in individual decision making will be seriously shaken!

    Meanwhile you've got a society of people who'd really much rather be told what to do (in various minor, every day decisions, mind you, not to kill each other) free to make many fool-hardy decisions, often because our frontal lobes might not yet be fully developed, our hormones often outfox our impulse control, or our tastebuds and pleasure receptors just are so much more influential in the moment then, say, my college history class. So what's wrong with a little direction to save the lives who many who haven't done the consdierate thing and bought life and health insurance to protect those left behind to clean up their mess?

    I DO think humans as individual CAN make intelligent decisions (especially when presented with evidence in a sober, fair context, with social pressures to make responsible, sensible, pro-social decisions) -- but I think as a society we should stack the deck in favor of what would save lives (and cash) at NO cost to us. Unless you want to stake your argument on pure ideology, that is.

  • Hank Williams III (unverified)
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    "but I saw something the other day that said something like of the 800 or so deaths among bicycle riders last year, 770 of them were not wearing helmets."

    That's a meaningless statistic because it doesn't tell you how many of those would have been saved by a helmet. For example, neither of the two cyclists who died in the recent high-profile Portland fatalities would have been saved by a helmet.

    As noted previously, the pro-nanny crowd quite tellingly never seems to be able to supply any statistics to back up their claims about this alleged plague in need of correction. And without any factual basis, it seems more like a solution in search of a problem.

    "We are a society, therefore we bear one another's burdens. Wouldn't it be better if we took care of each other in that way? Wear your freaking helmet."

    I already have a mom, but thanks. Maybe you should save it for your own children.

    "Why should society foot the bill for the increased medical costs associated with a dangerous behavior"

    Well, then I imagine you'd be for government mandates to deal with the No. 1 killer in America: heart disease. Get back to me when you've got everyone on a government-mandated healthy diet. Maybe after the long list of real killers in America is taken care of we can start with relatively minor factors like injuries caused by not wearing a bicycling helmet. Until then it's just bullshit.

    Maybe with the new $4,400 desks in place, the legislators will be inspired to use their time more wisely and tackle issues of actual importance.

    Mindin' other people's business seems to be high tone, well I've got all that I can do just a mindin' my own.

    Maybe that's what Floyd figured out.

  • Hank Williams III (unverified)
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    "I think t.a. is onto something"

    I think you meant that T.A. is on something.

    I'd say he's on a high horse and it's sailing on a boatload of self-righteousness.

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    i may be on a high horse, "Hank", but at least i've got enough guts & honesty to identify myself when i post. hiding behind someone else's name is just lame.

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    What's going on here? Is this backwards day? Is blueoregon.com now nwrepublican.com?

    Let me re-explain the Republican ethos to all of you: the "government" should never keep me from doing incredibly irresponsible things, but if I do it anyway and get hurt somehow, everyone else has to pay whatever it takes to make it all better(*). Socialize the risk, privatize the profit.

    I personally don't mind that much if idiots want to be Darwin award winners, so if you really don't owe society anything, and want kill yourself riding a donor-cycle, well, then, let your organs be harvested as God clearly intended. But before you all go trying to imitate Jackass-the-movie, you need to pay up first.

    (*) if I'm rich.

    As a taxpayer, I've invested plenty in your education, on the idea that over your lifetime of employment, you'll pay it back. So if you're a typical strapping young fool of 19, you need to come up with 200K before you pull your wheelie. If you have kids, no doubt you expect a kinder and gentler society will take some minimal care of them if they're suddenly impoverished by your early demise, so you need to buy a nice 500K to 2 million no-helmet rider to your insurance, if you can buy one, so we're not all stuck with the bill.

    And that's just me. I'm not counting the psychological trauma your children, spouse, and parents will have to suffer. While I admit courtroom money in "pain and suffering" can be overinflated, but before you show us all how you can do a handstand on the back of your Harley, maybe you ought to consult them for your replacement value in case you suddenly disappear.

    It is Libertarian myth that there are no externalities, no effects beyond one's own personal choices. But Democrats see through that, and recall the wisdom of Thomas Donne, who in the sixteenth century, made the following observation about people asking whether, at the first clamor of the church's funeral bell, it was important:

    "No man is an island. entire of itself; every man is a piece of the continent, a part of the main; if a clod be washed away by the sea, Europe is the less, as well as if a promontory were, as well as if a manor of thy friend's or of thine own were; any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee."

  • Sam Geggy (unverified)
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    Yay for Steven! Sam loves Steven! Yeesh. I'd never'a' got it said.

  • Greg D. (unverified)
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    I am a left leaning libertarian, but I am troubled by other peoples "partial approach" to personal responsibility. If there was a way to guaranty that a given person gave up ANY AND ALL rights to public or private benefits - for themselves, their partners, wives, children, next of kin, etc., when they are injured or killed due to a decision to not use available safety equipment, then I really don't care what they do to themselves, regardless of whether it is safe, sane or etc.

    However, the reality is that if you are injured, your insurance company pays for your care (thus increasing rates for all policy holders) or if you are uninsured the state pays for your care under Medcaid (thus increasing general taxes) or the hospital treats you as a charity case (and spreads the cost over all patients thus increasing general medical bills) or if you are killed your spouse or children get survivor's benefits from Social Security (thus decreasing the pool of money available to pay retirement benefits) or at the very least Multnomah County gives you a free pauper's funeral.

    If this was the 1850s where you could do what you want, suffer the consequences personally and not affect anybody else, then I say go to it. But I think those days are over by about 158 years.

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    Tom: ...but I do not see the grounds for arguing that the state does not have legitimate power to regulate behavior on public highways.

    Behavior which doesn't harm others? Where do we draw the line then? Maybe our children will decide that listening to Evangelical or Wiccan theological tracts should be outlawed on the public highways, for people's own good of course.

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    Steven,

    Having bareback anal sex with same-gender casual acquaintances is incredibly, insanely risky last I heard. Why should that private behavior be legal and not wearing helmets should be illegal?

    Check how much money you and I are paying via our tax dollars for HIV/AIDS, both domestically and internationally. That issue fits your argument and yet nobody is suggesting that a true progressive would be in favor of making HIV/AIDS risk-associated acts illegal. Why do you suppose that is?

  • Garrett (unverified)
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    Helmets are designed to withstand a 12mph crash. They are also only designed to help with an impact directly on the top of your head. They are also worthless after between 3-5 years of use. Look inside your helmet. It has a "born on" date. If it's older than 5 years you might as well not be wearing anything.

    Unlike most people commenting here I know two reasons for 2 ghost bikes personally. Nick and Noah. You can find them in SE Portland. I'll send you the addresses if you want to check them out. One was wearing a helmet and one wasn't. Neither would have lived if they were wearing a helmet.

    I wear a helmet but keep your fingers off telling me to wear a helmet.

    Oh and T.A. you're such a self righteous idiot sometimes. You actually made a good argument and then I totally dismissed your view at the very end because you couldn't lay off 7 letters.

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    But I could be convinced it could be a good State law. You'd have to prove to me that it costs me a lot of money to pay for the medical expenses of the bicycle riders that were injured for the lack of a helmet. If it costs me and everyone one of my neighbors lots of money to pay for those medical expenses, and it had better be provable, then and only then would I entertain consideration of a helmet law.

    In other words, to paraphrase a cliche, your right to splatter your brains on the sidewalk ends at my wallet.

    I think this is a pretty fascinating conversation, especially as someone who hasn't decided yet where I come down on this.

    It certainly seems to me that the cost issue is the crux of it. But there's a problem in coming up with the data. Worse yet, there's a problem in defining what data we want...

    (For example, do we count the reduced opportunities available to the children thrust into poverty as a result of a parent splattering their brains? I don't know. And even if I did, I have no idea how we could quantify that.)

    Other than the wallet issue, there's a community vs. individual thing going on here.

    Clearly, this question lies somewhere on the spectrum between "No, you can't go 150 mph through a school zone at 3 p.m." and "We're going to ban chocolate because it rots your teeth and makes you fat."

    I just don't know where on that spectrum it lies - and where the question tips from a reasonable restriction to an unreasonable one.

  • Sam Geggy (unverified)
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    I think the magic words are "public" vs "private". Not "cost to the public", but location of the activities. And, dear, check your epidemiology on HIV/AIDS -- the spike on the graph is no longer in the stereoptypified population only, though it does exist there indeed.

    As to the efficacy of the egg-holder: are you advocating that because it is not designed to take 70 mph such as a motorcycle helmet might, it is of little use to advocate it? Are you saying that just because not all will be helped, then forget it entirely? Lemme tell you: the motorcycle crash that smithereened my bike unto unfixable was NOT the 73 mph slide on the wet rain ridges of the Richmond Bridge in rush hour -- it was the Laugh-In Trike Guy flop I pulled at a blushing slow and tottering speed. That bike was toast, and so was my helmet. For the sake of fact checking, I'll write back tomorrwo after I talk to a bike shop or two -- I think you are quoting a five dollar GI Joe's Action Figure hat for a five year old tyke. I'll mea culpa if I'm wrong.

    This all-in/all-out thinking doesn't make sense to me. Thank god my life is made up of the grey areas. How many kids are really out there riding on the freeways and Beaverton Hillsdale at five pm? Ummm.... they get crushed on their own little neighborhood streets.

    I just don't get it. Why are you all het up against a requirement that we put on the protective gear? You can get top of the line helmets of all shapes and sizes through Legacy Trauma Nurses every day of the working week, and they sell the lights and other things for nearly nothing too. I wish you would bitch about domestic violence, or lack of work for the youth who really want to work. Or something.

  • Chuck Butcher (unverified)
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    When I drag race my car is fast enough that NHRA mandates a helmet, I don't mind. Unless something goes horribly wrong, I'm going to go in a straight line for a few seconds and then I can ditch the brain bucket. I also choose to go that fast.

    I don't ride a bicycle, I get plenty of exercise, so I have little basis to say much. The helmets are dinky and weigh little. I am not overly impressed by the argument for mandating them.

    Motor cycle helmets are a bit different deal. I loath the weight and obstruction of my hearing and vision. I find all three to be real issues. The weight almost guarantees a neck injury, your neck is made for the weight of your head and a bit of abuse. The vision and hearing problems do contribute to accidents, how much is debatable as are all motorcycle helmet statistics. I rode a lot of miles in a non-helmet state, I chose to wear one in some conditions, mostly not. I wore leathers and gloves in most conditions to keep my hide on me, something you will lose in almost any kind of crash.

    There are a lot of competing agendas going on regarding helmets, manufactureres have a very real stake in mandates. Many people who advocate madates have no experience in the issue and frankly their opinions being based on not much are worth about as much. You may notice how little I had to say about bicycles helmets.

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    Kevin: Having bareback anal sex with same-gender casual acquaintances is incredibly, insanely risky last I heard. Why should that private behavior be legal and not wearing helmets should be illegal?

    You're talking to the wrong guy about this one, because for at least two decades, I've advocated mandatory AIDS testing. I am by no means the only Democrat to do so. The truth of the matter is that if we had done this 2 decades ago, there would be millions more people, both hetrosexual and homosexual, alive today.

    But to answer your question honestly, the reason why this kind of testing is not done is because it's: A) expensive, B) difficult to police, C) often confused with policing sex (about as futile a government policy as ever imagined), and D) the political power of idiots who think they're immortal.

    To borrow Barack Obama's words about war a bit, I'm not against all invasive government policies, I'm against foolish invasive government policies. Because of a relative handful of deaths on 9/11, we're doing all sorts of crazy things that don't make us one bit safer. (I'm just waiting for the "body cavity bomber" who will make us all proctology exam to get on an airplane.) But to save literally millions of people from dying, we do absolutely nothing.

    All I can conclude is that AIDS exists in the wild because millions of Americans, both liberal and conservative, are adamantly opposed to our nation taking the actions that we know would eradicate it.

  • joel dan walls (unverified)
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    I am guessing from the first comment in this thread, by Mr Ryan, that he wants to ride his motorcycle unencumbered by a helmet. Fine. I just want him first to sign a legally binding document absolving the taxpayers of Oregon of all responsibility for his medical bills if he winds up with a head injury after a wreck. Let the hospital repo his house and everything else he owns, let his family be kicked out, and let his progeny be cursed to the 6th generation :-) Just as long as I'm not footing the bill. Now there's small-L libertarianism for you.

    The state requires insurance, right? A helmet is a sort of insurance.

    Driving is a privilege, not a right. US courts decided that a long time ago.

    Finally, as a parent, you're damn right that my kids wear bike helmets...as do I. Too bad it took me having a helmet-less crash, and getting a trip to the hospital with a concusion and lacerations, to learn this lesson.

  • jeff (unverified)
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    Carla: My reaction and why it hit such a nerve for so many other Oregonians is a testament, I think, to the libertarian sensibility that runs wide through our state. Notice I don't mean "Libertarian", as in the Party. I use that label to infer the idea of the "leave me alone" ethos that tends to be an intregal part of what we're about in the west. As a rule, the western U.S. seems to be a region whose citizens have a strong preference for government to remain out of their personal decisions. jk: Of course the "leave me alone" ethos is at the very heart of the Libertarian party ALONG WITH equal rights for all which leads to “in return, I’ll leave you alone.”

    I do hope that you will consider joining the real freedom loving party - the Libertarians. They are pro-choice on just about everything.

    Carla: What we (in general terms, of course) are opposed to is being told that we can't live the way we like--as long as we're not harming anyone else. JK: Where are you on seat belts?

    Thanks JK

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    JK: Where are you on seat belts?

    Thanks JK

    I wear one. But I do not like the government mandating it.

    And I won't be joining the Libertarian Party because I don't believe in the economic principles they espouse.

  • Rose Wilde (unverified)
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    Wow, this conversation has gotten very interesting!

    Hats off to Steve Maurer, who I think deserves a prize for most articulately explaining the political/philosophical position I was trying to get at.

    It isn't so simple as "your rights end at my wallet" Kari, though that is perhaps the obvious simplification. I don't really care about whether we have a helmet law or not -- my point is that progressive Oregonians really need to examine our libertarian streak to understand exactly where it plays into the hands of conservative Republicans.

    My hubby and I debated this last night (silly me, he can barely tolerate seat belts after all) but when it came down to it, his position wasn't really about whether he has the right not to wear a helmet, but rather with law enforcement being so broken, racially/economically oppressive, politicized, and corrupt (in his point of view) he really doesn't think giving cops one more reason to detain citizens is worth the risk of infringing civil liberties. That perspective is one we should really consider, since he surely isn't the only progressive who feels that way.

    Every so often he gets me. (Don't tell -- he doesn't read BO!)

  • Hank Williams III (unverified)
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    <i.hiding behind="" someone="" else's="" name="" is="" just="" lame.<="" i="">

    As lame as being a self-righteous has who wants to tell others how to live?

    It's a toss up.

    As a taxpayer, I've invested plenty in your education, on the idea that over your lifetime of employment, you'll pay it back.

    When did I become your indentured servant, Steven? You make a comment like that and then accuse others of being stupid? Amazing.

    You don't own me. None of you. Stop trying and mind your own business. Is that so fucking hard to understand you nosy nellies.

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    You're talking to the wrong guy about this one, because for at least two decades, I've advocated mandatory AIDS testing.

    That's not even remotely analogous to what we're discussing. To be analogous we'd have to be discussing whether to do head injury tests after bicycle/motorcycle accidents, which of course we're not discussing.

    Carla asked upthread about enforcing condom use. That is analogous to enforcing helmet use.

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    my point is that progressive Oregonians really need to examine our libertarian streak to understand exactly where it plays into the hands of conservative Republicans.

    So we should essentially let conservative Republicans define what we believe in? If they suddenly switched to being pro-abortion should progressive Oregonians then switch to being anti-abortion simply because we have to be as unlike them as we can?

  • Hank Williams (unverified)
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    Hold on! There's something you need to see.

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    Pat writes: Until you are able to madate airbags and helmets for Old People Taking a Shower or Old People Standing at the top of the Stairs in Their Own Homes........ Or maybe state mandated grafting of Water Wings to Tender Children standing by Mommy and Daddy's Swimming Pool.......Or state monitored electrical shocks to people talking on cellphones during rush our.......or a nine o'clock curfew on all automobile traffic every Saturday night when the drunks start running.......Or the myriad other actual areas of danger.....spare us your parental input.

    Translation: until you are willing to create government mandates against every danger, you cannot write any new regulations and laws against any danger.

    Rose writes in similar spirit: My hubby and I debated this last night (silly me, he can barely tolerate seat belts after all) but when it came down to it, his position wasn't really about whether he has the right not to wear a helmet, but rather with law enforcement being so broken, racially/economically oppressive, politicized, and corrupt (in his point of view) he really doesn't think giving cops one more reason to detain citizens is worth the risk of infringing civil liberties.

    Again, translated, until we can fix law enforcement, we should pass no new laws.

    These lowest common denominator arguments--until and unless we can fix everything, we can fix nothing--are nothing but a recipe for inaction.

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    Paul,

    Are you suggesting that legally banning stand-up showers for the geriatric generation - god forbid I should have to pay for some minute fraction of the cost of a broken hip - is something that we should do?

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    Its clear to me that no matter where it started, the feeling of "let me be" runs strong here and isn't going away.

    Going back to Carla's original question, I think that folks that agree (roughly) with my position regarding state meddling and individual independence are also the people least likely to be drawn to group actions solidarity and other forms of cooperation that seem more natural to TA's Fuck You statist crowd.

    Too bad though 'cause ultimately Floyd and TA and Albert and the rest of the busy social engineers, never stop pushing into our lives, and the end result of our inattention to the travails of other groups of victims is that in the end

    We shall all hang separately.

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    Translation: until you are willing to create government mandates against every danger, you cannot write any new regulations and laws against any danger.

    No Paul. All of the examples that I imagine (however absurd or over the top they might be) are about the state getting into areas that should be decided either by an individual or the immediate family group.

    There are whole swaths of safety law that are appropriately in the hands of the state, relating to behavior by individuals corporations or other entities that can, through neglect or malfeasance, damage the unsuspecting public.

    That's actually one of the principle legitimate reasons for the existence of the state, and I'm not dumb enough to be advocating for some sort of Anarchist Utopia.

    <hr/>

    Also one further caveat regarding my last comment:

    In this recent case, Prozanski went up against a group that IS familiar and handy with using the tools of The Collective, and that seems to be exactly why they've had better initial success in repelling this assult, than the hapless motorcyclists.

    There's a Truism somewhere in here, Maybe:

    When it comes to group action, Anarchists are screwed by definition when opposed by Collectivists.

    <hr/>

    The bicyclists sure shouldn't rest on their laurels though. Having a foot in each camp won't save them in the end.

  • Harry Kershner (unverified)
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    Pat said: "When it comes to group action, Anarchists are screwed by definition when opposed by Collectivists."

    By whose definition? Anarchists ARE collectivists where I come from. That you're "...not dumb enough to be advocating for some sort of Anarchist Utopia" assumes that you actually have some knowledge of what anarchism is. The legitimacy of the existence of the state is null. How many of us voted for the existence of the state? What state was ever created by democratic consent?

    Real libertarians (not corporatist Libertarians) are closer to the anarchist ideal than war-monger supporting liberals, who are responsible for tens of millions of deaths for which no insurance exists. Why aren't you complaining about that cost being passed on to the public?

  • (Show?)

    Translation: until you are willing to create government mandates against every danger, you cannot write any new regulations and laws against any danger.

    Not at all.

    As Pat says, there is a legitimate role for government safety regulations and oversight for the general safety and protection of an unspecting public. Environmental and traffic regulations come to mind, specifically.

    But the idea that we must legislate and mandate every possible safety hazard is an affront and an infringement, in my opinion.

    I asked upthread:

    Would you hold the same standard for condoms as you do for bike helmets? How would you enforce it? And if you don't hold that same standard..where do you draw the line, and why?

    So far, nobody has answered those questions. Yet to me, it seems like a very relevant extension of this discussion. Frankly, I think that its a thoughtful way to examine the ideological threads we're unraveling here.

  • AdmiralNaismith (unverified)
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    When Oregon State Senator Floyd Prozanski (D-Eugene) floated a proposed new law requiring all adults to wear a bicycle helmet, the reaction was a swift and harsh "no". So much so that Prozanski quickly backed off.

    Seems to me Prozanski might have had a better reception if he'd specified that the helmet law was only for while people are actually riding bicycles.

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    Garrett, i'm sorry i violated your moral code: bad words means you cannot listen to a point you admit to being valid. i wrote what i did purposefully: to demonstrate the strength of what i feel, and particularly how heinous i feel is the selfishness of people who pretend their rights matter more than anything else.

    at least the neocons are clear about who and what they are.

  • (Show?)

    and particularly how heinous i feel is the selfishness of people who pretend their rights matter more than anything else.

    Uh...they do. This nation was founded on that very premise.

    Oy.

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    Admiral,

    As a result, Miles Vorkosigan suffered neurological effects resulting in seizures triggered by the buildup of stress-related neurotransmitters, ensuring that he is most likely to have a seizure when he most needs to be lucid.

    Just sayin', but nice one nonetheless.

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    Hank Williams III When did I become your indentured servant, Steven? You make a comment like that and then accuse others of being stupid? Amazing.

    Not quite as amazing as reading someone comparing seatbelt laws to slavery. Being hunted down like an animal, shackled in one's own feces for months in the hold of a disease ridden ship, only to be sold, then "broken" by being routinely whipped nearly to death, having one's children sold... is all equal in horror to the sheer terror of being at risk for paying a fine for not taking minimal safety precautions when driving a car.

    Let me say, mildly, that your rhetoric is just a touch over the top. And, traditionally, if you're going to Godwin an argument, you should use Nazis, not slavery.

    Kevin: [Mandatory AIDS testing is] not even remotely analogous to what we're discussing. ... [E]nforcing condom use ... is analogous to enforcing helmet use.

    It's analogous in my book, because I'm judging potential governmental policy based by only real criteria that applies: effectiveness in saving lives. Among other things, when talking about governmental policy, that includes ease of administration.

    Because sexual activity is private, you simply can't "mandate" anything associated with it. You're plenty smart enough to know this, Kevin, which is, I suspect, why you picked it as your stawman. But let me be clear: I reject your, and Pat's, slippery slope arguments. Every potential law has to stand on its own, lives saved vs public inconvenience. And the fact that we could pass stupid laws, and, in fact, have stupid laws already on the books (deadly nicotine legal/barely harmful THC listed as a schedule 1 drug), says nothing about any grand overarching principal.

    The way to convince me that an adult bike helmet law is too great an imposition on the public is to show that, statistically, it really doesn't save many lives as a percentage of the bike riding public. I will admit that will be hard for you, because my own mother nearly certainly wouldn't be alive today if she had not been wearing one when speedy grandma hit a truck pothole while doing 35 downhill.

    My cure for Republicans who can't see what they get from the taxes they pay, is to suggest they spend two months in a third world country like Honduras. My cure for crack-skull Libertarians is to suggest you spend two weeks in the ER of one of our fine local hospitals. Enough to see the doctors have deliver the news to a mother, "I'm sorry, but your son was not wearing his seat belt". And when you see her reaction, think long and hard about the freedom he was enjoying - and that, even with our inconsistently enforced seatbelt laws, that scene happens seventeen thousand times a year in this country.

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    Steven,

    The slippery slope is in the net effect on society. Just as a coddled child remains emotionally immature and makes poor judgements regardless of age (think: Dubya) because he/she doesn't have to (or is strongly discouraged from) thinking for him/herself, so too does a society which doesn't have to think for itself make poor judgements for the same fundamental reasons.

    Is that not the real danger behind the Bush/Cheney tactic of shielding American citizens from the often gruesome reality of our brothers and sisters, fathers and mothers being maimed and killed while serving the glorious Fatherland in Iraq and Afghanistan?

  • Hank Williams III (unverified)
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    Not quite as amazing as reading someone comparing seatbelt laws to slavery. Being hunted down like an animal....</blockquite>

    Uh, McFly? Indentured servitude was not the same as the forced slavery you described, Steven.

    Indentured servitude involved signing a contract wherein you get something (like transport to the new country, or, in your example, an education) in exchange for years of service to your master.

    So your grasp of history is no better than your weak logic, which is based on the type of amazing ignorance I'd expect from a person who has zero education. Is that you, or did you just skip the history/civics classes.

    Absolute moron! There ought to be a law!

    Moreover, The United States is not a lowest common denominator society. You think you need a helmet, by all means where one. That's as far as it needs to go.

    I guess Democrats aren't the pro-choice party after all.

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    Just make a law to slap a sticker on products that we should wear a helmet while operating...that way people are aware of the risks and if they choose not to wear a helmet than they clearly understand the risks...you know like smokers.

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    Carla

    I agree with you, we have to unravel the thread. That's why I originally challenged what seemed to me an overly broad set of claims by Pat.

    Perhaps Pat carefully selected his examples to refer only to, as he writes later, about the state getting into areas that should be decided either by an individual or the immediate family group.

    But that's not what he wrote. What he wrote was: Or the myriad other actual areas of danger.

    No, I don't think government can mandate that old people don't stand up in the shower--but I do think they could mandate a particular level of non-slipperiness on bathtubs.

    And let's look at another one of Pat's supposedly absurd examples--electric shocks to people who talk on cell phones while driving.

    Many states are banning the use of cell phones while driving. Is this an unfair infringement on your liberty? Isn't this precisely the sort of regulation that Pat is opposing (albeit with a more extreme example of an electric shock--but in principle, a ticket is no different).

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    Hank Williams III: Indentured servitude was not the same as the forced slavery you described ... [it] involved signing a contract wherein you get something (like transport to the new country, or, in your example, an education) in exchange for years of service to your master.

    Your attempt to make any sort of meaningful distinction between slavery and indentured servitude - as it was (and still is) actually practiced - is pathetic. The supposed voluntary enlistment and limited term were routinely abused. Most indentured servants were forced into debt peonage by the English landed aristocracy. Like slaves, they had the choice to accept it, or die. And their ability to get out was usually limited by masters who would (like sharecropping masters) "charge" their supposed limited term servants for food, so as to keep them in permanent bondage.

    It certainly isn't apropos to the original topic, so I'll just point you off to the Wikipedia page on indentured servitude, and leave it at that. Try not to get off on the descriptions of how women forced into indentured servitude were routinely raped.

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    Kevin,

    I'm not sure I buy the argument that mandating reasonable safety procedures is the same thing as "coddling" children, or depriving people of the knowledge of war injuries. I'm certainly of the opinion that emotional maturity has little to do with being forced to wear a seatbelt or not.

    However, I do admit that the "Darwin Award" effect is most likely real, and that if we were able to force reasonable safety precautions on humanity, the likely long term (thousand year) effect would be a greater prevalence of risk-taking behavior, as more people with "jackass" genes would survive, despite their best efforts.

  • Hank Williams III (unverified)
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    Steve! Nothing funnier than somebody who won't admit they're stupid.

    Indentured servitude, while certainly exploitive and coercive, was not the same as the African slavery by kidnapping that you described in its place.

    Don't change the subject just because you said something embarrassingly stupid. I said indentured servitude and you described African slavery that originates with kidnapping.

    Not the same at all, doubly dummy.

    You blew it with your over-heated rhetoric about stolen baby's, and you used it to conflate and confuse my comparison of your attitude about my owing you (and other taxpayers) something because you paid for my education -- kind of like indentured servitude.

    By the way, Steve, if a person who accepts a public education in this country moves to Europe as an adult and doesn't pay U.S. taxes, is that person stealing? You seem to imply it is. It's silly and stupid.

    Just accept your moronitude and learn, Steven. That's how morons get smarter. Indentured servitude is not the same as the slavery by kidnapping, as I pointed out and you still can't quite grasp.

    But keep trying. You're cute, although not very successful, when you're trying to cover up your moronitude.

  • Hank Williams III (unverified)
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    By the way, steven, when's the last time you rode a bike, nosy nellie? It's an act that does require minimal intelligence, so I imagine it's been awhile -- if ever.

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    No, I don't think government can mandate that old people don't stand up in the shower--but I do think they could mandate a particular level of non-slipperiness on bathtubs.

    And they do, and both you and I approve of that sort of state intervention in safety issues.

    It's useful to society to demand specific behavior from bathtub manufacturers, or to demand that auto manufacturers install taillights, brakelights, and windshield wipers on cars.

    And the beauty thing about that sort of intervention is that guys like me n Hank n Steve Maurer n Kevin and all of the PDX bicyclists think that mandatory tail lights on cars are a no brainer.

    In the case of helmets, you are coercing a much larger pool of citizens for an arguably slimmer societal benefit, while you simultaneously provoke an negative response toward state intervention in any future and perhaps more useful matter.

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    Many states are banning the use of cell phones while driving. Is this an unfair infringement on your liberty? Isn't this precisely the sort of regulation that Pat is opposing(?)

    No, I don't think so. Banning the use of cell phone while driving is arguably more about the safety of others than it is about the safety of the individual with the cell phone. Which is entirely consistent with our American notions of individual rights. Your rights end where mine begin. That's not a hard and fast rule, but it is and always has been the guiding principle.

    Helmet laws are fundamentally different.

    Those on the Left who would happily infringe my rights on the premise that it's for my own good (their investment in my education and all that...) strike me as differing from their Rightist counterparts only in the ideology which they feel justifies their invasion of our collective privacy/decisions. Both sides are clearly set on transforming America into their image.

    Sorry folks but I'm not up for that. Not now, not ever.

    Using the law to forcibly provide me with the maximum level of safety options - should I choose to avail myself of them - is one thing. Using the law to force me to use them is a very, very different thing.

  • Eric Parker (unverified)
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    "And that means if we choose to harm ourselves..well, that's our choice"

    Which is why we are in trouble as a society. Choosing to harm one's self in favor of our own selfish notion of personal rights is not a good use of common sense. It encourages bad social behavior. This is why common sense is an oxy-moron today. If you hurt yourself because of this, you have no one to blame but yourself, and don't expect anyone to come to your aid because of your stupidity. I have no sympathy for people who get severely hurt because their rights ovverode thier common sense. They get what they deserve and I hope they learn from it.

  • Tom Civiletti (unverified)
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    Tom: ...but I do not see the grounds for arguing that the state does not have legitimate power to regulate behavior on public highways.

    Kevin: Behavior which doesn't harm others?

    Tom: If there is no possibility of harm to others, then, no, I do not see legitimate governmental power. But I have not seen a convincing rebuttal to the argument that society is responsible for the medical care of helmetless riders, and that this is harm to others. From a political standpoint, I do not think that is a good argument for helmet laws, but from a reasonable standpoint, I think it is enough to differentiate mandating helmets on public roads from mandating them in home showers.

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    Carla: the nation was not founded on "my" rights. it was founded on "our" rights. 13 separate colonies, and the wide variety of peoples therein, united to form a nation — e pluribus unum. rights may begin with the individual, but rights become an established basis of law and a nation's principles because of their communal nature.

    we can all proclaim our own rights as long & loud as we want, but until we share in the rights of others — until we accept the responsibility for protecting, maintaining and enhancing the rights of others — our proclamation of individual rights is a chaotic, pointless free-for-all.

    it's the basis for civil war and a Hobbsean natural paradise.

  • RW (unverified)
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    Did some research on bicycle helmet safety standards. Called some folks who are professionals, not the adolescent down the block on a summer job.

    First, there is no such thing as a mph-impact testing standard per se. This is not how helmets are tested. The following link explains all you ever wanted to know about how all helmets are tested, the physics being tested and the outcomes as well as the paucity of advancements in bicycle helmet engineering since the 1970's, as well as clarity on the testing. http://www.helmets.org/idealstd.htm

    Helmets are dropped from 2M. onto an anvil! It has been determined that the primary force of the impact is derived from gravity, not forward motion. Force is peeled off your impact if you can manage to bounce off some things before your eggshell hits the concrete.

    So: a good issue - if you are bitching that the helmets do nothing (I've tested them on the business end of a harassing-driver incident, I do not agree), then why not move on to next and look at why the technology that would solve a lot of potential head-injuries is not pressing forward.

    If you take the statistically significant number of young males now whiling away their lives in full-care nursing homes due to car wrecks, the same logic for requiring seat belts to help you stay in and not get rolled over or customize your windshield on the way out... might just as reasonably be applied to the requisite that you use what little is available to protect your brains in case you are the lucky one and it works.

    Beautiful helmets, to the current standard, are available for as little as five dollars from Trauma Nurses [Talk Tough?] at Legacy.

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    Kevin

    Touche' nice argument.

    T.A. I am not enough of a political philosopher to comment on the fly but your claim that individual rights are chaotic and pointless until they are communal feels very wrong to me, counter contract theory, counter Locke, counter Federalist, and very Hobbesian (in the latter case, we give up freedom to the leviathan in order to protect our property and to enforce contracts).

    Chris L, where are you??

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    But I have not seen a convincing rebuttal to the argument that society is responsible for the medical care of helmetless riders, and that this is harm to others.

    And that's exactly where you're losing me, Tom. If society's responsibility for the medical care of citizens is truly the important factor then the distinction being drawn between public and private behavior is... intellectually dishonest, to put it kindly.

    If our collective wallets are the important factor to you then I disagree but at least it's a logically consistent line of reasoning. But falling back on private/public behavior distinctions tears massive holes in your reasoning.

  • RW (unverified)
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    Sorry to belabor - the material on this link is just too good. At issue is American cultural refusal to join bicycle-based cultures in testing, standards, expectations. And our good old, legalistic risk-avoidance built into the business [as usual] model....

    "Development of an international bicycle helmet standard is stalled. Europe has a different test rig that it considers superior and the US regards as unnecessarily complex. The US uses two different drop rigs that produce slightly different results and studiously ignores the problem because each rig has its champions who regard the other as inferior, and because nobody wants to invest in new rigs. The US uses 2 meter drop heights, while Europe uses 1.5 meters, resulting in helmets that are thinner and often will not pass US tests. Europe uses a 250 g failure criterion, while the US uses the same 300 g threshold that it has used for 50 years and can't let go of. In fact Consumer Reports In the absence of better standards, manufacturers are stalled in improving their helmets by two constraints: marketing and legal liability. They are convinced that they can't sell a helmet that is thicker and therefore bulky looking. And their lawyers will not let them advertise that a helmet is "safer" or "more protective" or even "designed to prevent concussion" for fear that they will lose lawsuits when a rider is injured in that helmet."

  • Greg Lemond (unverified)
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    I think all these discussions are basically moot (?) without actual figures on just how much cost the country incurs because of injuries caused specifically because a person isn't wearing a bicycle helmet. Without that information, all the rest of this discussion is just B.S.

    I'll bet it's relatively nil compared to the real costs incurred by society.

    Where's the proof that riding without a helmet is this economy-bleeding plague of dangerous behavior that so many here have simply assumed it is without providing any actual proof.

    It's absolutely ludicrous to worry about this "safety" issue while society still allows ce3ll phone use in cars. Talk about AN ACTUAL DANGER. It's the equivalent of driving drunk. yet people here are worried about a couple out on a5 mph weekend ride instead of true danger.

    It's all absolute bullshit. You've skipped right over the part about whether there's an actual need to prioritize this law and skipped right on to th legality of it.

    Again, this seems like a solution in search of a problem. Usually that means there's something else at play.

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    Okay, I was going to respond to TA and the "our" vs "my" rights thing..and paulg managed it better than me.

    So...what paul said.

  • Gil Johnson (unverified)
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    As a 60-year-old daily bike commuter, I like to point out to many younger bicyclists that one rarely sees and older biker who doesn't wear a helmet. The reason, I add, is these are the younger cyclists of yesteryear who survived.

    I'm sure the stats are out there. I recently talked with a trauma nurse at Emmanuel Hospital. He's been there for at least a dozen years. His experienced estimate is that of all bike accident fatalities, 80 percent were helmetless bicyclists. If that ratio is substantiated by further research, it means that bike helmets are more crucial to bicyclists' safety than seat belts are for motorists.

    Every year, Portland has between three and five gruesomely fatal bike collisions. This scares the bejesus out of folks who would otherwise be commuting or shopping by bike. If the total bike deaths were zero or one a year, I'm sure more people would be less afraid to mount their bikes.

    If we are ever going to be serious about bicycling as a realistic mode of transportation, we need to enact and enforce serious bicycling laws. I've noticed that the bikers who flout traffic laws--such as running red lights, riding the wrong way on streets, cutting across traffic and not having lights on at night--rarely wear helmets. These people need to be brought under control.

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    It will have to be fodder for another post, but I will try to look out statistics on mortality and morbidity for bicycle riders who wear helmets vs. those who don't.

    The question about how serious a problem it is, is legitimate in my view. So to is the proposition that in an ideal world we would respond to risks based on their actual degree of severity, but we don't. The anthropologist Mary Douglas co-wrote with Adam Wildavsky a book called Risk and Culture (1980) that would still be useful to those for whom that gap is of interest.

    In some cases I believe that what is at stake is matters people think they can control on their own, as opposed to those they can't, e.g. crossing the street vs. flying in an airplane. You're more likely to die doing the former than the latter, but you have no control over the latter.

    Just want to point out that bike helmets are probably as much or more for non-vehicular accicents than crashes with cars.

    As has been pointed out, HIV/AIDS epidemiology in the U.S. is dramatically different now than in the 1980s. Injection drug use with shared needles is probably the most crucial form of behavior now. Which, of course, is illegal. When the U.S. epidemic started to take off, there were public health measures taken, such as closing the bathhouses in San Francisco. (Steve M., I am not quite sure if you are talking about universal screening for HIV? Public health people probably would argue that more lives would be saved and prolonged by different application of the resources used to screen the overwhelmingly large majority in the U.S. who are HIV negative and at very low risk.)

    In considering any regulation, enforceability is a criterion, and a legitimate one. Seat belts, car seats, helmets, cell phones while driving, speeding are all observable behaviors which makes them potentially enforceable in a way that required condom use would not be.

    In the case of sexual transmission of HIV, there were massive public health education campaigns, which at least according to those who don't want calorie counts on menus seems to be included in so-called "nanny-states." (It's tempting to suggest that people so prone to whining may be in need of nannies, but I will refrain.)

    There are other kinds of enforceability problems related to alcohol and tobacco, major addictive substances that cause many deaths (helmet laws may in part be mitigation of behavior caused by alcohol). Prohibition of alcohol didn't work, prohibition of marijuana causes more problems than it solves, banning cigarettes wouldn't work. We gave up the 55 mile per hour speed limit due to gas price declines despite its public health costs in death and debility.

    <hr/>

    The "rugged individualism" of the West is a deeply ingrained stereotype and something Westerners like to believe about themselves, and was the basis of the "frontier hypothesis" of American Exceptionalism going back to Frederick Jackson Turner (Rose, I envy you studying wiht Thomas Haskell). Historians of the West have been calling into question as a myth since the 1950s, when a historian whose name is escaping me at the moment but who focused on the formation of territorial governments as well as social history pointed out the reliance of settlers on the army, & wanting more of it, the preference for well-ordered towns with law & order over lawlessness and vigilantism, the seeking after rather than running away from railways, the role of the Homestead Act, railway subsidies and huge mining subsidies, public hydropower etc., etc. -- Westerners have liked their gummint as much as anyone, except when they haven't, like others. Miles, speech codes -- as well as things that weren't that but got called in in the anti-"p.c." hysteria of the early '90s -- were as common out West as out East and in the middle too -- Stanford was Dinesh D'Souza's big example in Illiberal Education. Berkley's famous "free speech movement" in the early 1960s arose because of draconian restrictions against political speech in the U.C. system that were unusually harsh. And then of course you could take the defense of individual rights and academic freedom embodied in the University of Colorado firing Ward Churchill.

    Just as I'm a skeptic of colonial and revolutionary era claims in New England where I grew up, I've been a skeptic of Western claims since moving west. It probably had something to do with people genuinely not seeing the irony when the asked me, newly transplanted, wasn't I glad to get away from all of those awful unfriendly Easterners and the big dirty smelly cities back East? (The week I arrived in Portland, temperatures were over one hundred and Portland was having one of its inversions.) Actually I find much less difference between East and West coasts at least cities, than many people seem to do. Now, between the cities, the 'burbs, and rural places in both areas, different question.

    <hr/>

    Paul, I think the biggest difference is between Hobbes' vs. Locke's view of the nature of the Commonwealth once formed, and the necessary degree and form of consent. Hobbes' portrayal of the state of nature is much more graphic than Locke's, partly because of his closer proximity to the English Revolution/Civil War. Also, Locke was influenced by the fact that he was writing essentially in defense of the constitutional removal of James II and his replacement by Mary and her consort William of Orange, which required a rather different view of "the consent of the governed." But for Locke as much as Hobbes men (& it really is men, which becomes clear when women briefly appear in the texts in the most awkward ways) agree to form commonwealths because without them lives and property are not secure. Although Locke may write in terms of "natural rights" that precede government, and certainly 18th century Anglo political philosophers influenced also by the Scottish Enlightenment did so, what they describe in practice shows the rights to lack substance in the absence of collective action in support of one anothers rights and liberties.

    At the time, the "private sphere" of households, as well as the religious public sphere, were much larger socially compared to market relations or the state than they are today. For 18th century writers, "civil society" was opposed to the state, as it is today as a realm of voluntary association. Rather, "civil society" was the public realm of the state and the market together, as over against private domestic relations. Market relations required public order, because in fact on their own lots of human beings don't hold up the voluntary agreements into which they enter, needs for mutually accepted means of disput resolution, guarantees of the quality of money & accuracy of weights and measures, public project for the common good, that made commerce possible and property valuable, roads being a prime example, but also literally "making" the institutions in which men could "make markets" in the more economic sense and so on.

    (This doesn't get at the dark side, what Karl Marx called "primitive accumulation," e.g. taking land from the commons or from Native Americans, slavery and unfree labor, and so on.)

    All of which is a long way of saying that I'm not actually sure you and T.A. actually disagree, so much as you are emphasizing different parts of the same proposition: that governments are instituted among human beings to collectively guarantee the common weal and rights and liberties (T.A.'s version) vs. governments are instituted to collectively guarantee the common weal and rights and liberties (your version).

    There is of course a connection between the substantive meaning of putative or formal rights and liberties and the common weal that enables their exercise.

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    Oops. "For 18th century writers, "civil society" was not opposed to the state, as it is today as a realm of voluntary association. Rather, "civil society" was the public realm of the state and the market together, as over against private domestic relations.

    In this connection, one might also observe that the very idea of "civil liberties" arose in conjunction with "toleration" of non-official religions after a period of protracted religious wars, with civil liberties providing a realm of state non-interference to "dissenters" who nonetheless were second class citizens with respct to participation in the state, whereas civil rights involved the gradual extension of full citizenship rights to those dissenters (within other class constrained limits on civil rights).

  • Greg Lemond (unverified)
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    I will try to look out statistics on mortality and morbidity for bicycle riders who wear helmets vs. those who don't.

    That's not the statistic we need, Chris. We need to find out how many people were injured specifically because they weren't wearing a helmet. Finding out if they were injured while not wearing a helmet doesn't tell you if that helmet would have protected them.

    Moreover, it's obvious that a society concerned with saftey and costs would make it illegal to operate a cell phone (hands free or otherwise) while piloting a vehicle.

    But a law like that -- even though it would make sense from a safety and associated healthcare costs perspective -- isn't even being considered. Why? because it would inconvenience too many people.

    Instead we turn our attention to a relative non-factor in the safety/healthcare sphere, and jump on that. Why? Because the group that will be affected is much smaller and can not stand up to the majority that wants to impose its will.

    So if the majority is engaging in a behavior that is considered the equivelent of being a drunken driver, that's OK.

    But if a minority of people engages in behavior that is much less dangerous and destructive to society, we've got a move to force laws on them.

    This smacks of majority-driven bullies to me.

    It's really pretty ludicrous. Usually when stuff gets this stupid there's a reason behind it.

    I think that reason is there's a bunch of stiffs out there who see a free-wheeling, unlicensed and relatively uncontrolled class of commuter and this is one way for the establishment and associated stiffs to put their thumbs on that free-wheeling class and let them know "we control you, too."

    Seriously, there's so much assuming of a problem that doesn't exist while in complete denial with actual saftey issues, one can only assume there's an undercurrent of some other factor driving this.

    I think it's The Man (and his apologists) looking for a way to put a finger on formerly free-wheeling group.

    And that's what I will continue to believe until someone proves to me that the costs associated with helmetless riders are more than the costs associated with drivers impaired by cell phone use.

    Oh, and here's one more thing.

  • hank Williams III (unverified)
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    "Just want to point out that bike helmets are probably as much or more for non-vehicular accicents than crashes with cars."

    I remember crashing on my training ride once. I tried to get a surprise jump on my cohorts so that I could open a gap that I could hold to the city limits sign we were sprinting for. When I jumped my chain skipped off the front chain ring and I went over the handlebars, sliding for about 25 feet.

    As I was dusting my self off, some punk schmoe I had never ridden with before came up and said "I bet you wish you were wearing a helmet>"

    All I could say was that I wish I had been wearing a helmet on my ass, because that's where all the road rash was.

  • steven andresen (unverified)
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    I am sympathetic to a law about bike helmets because I am sure that there's some public expense involved in picking your bloody body off the street when you fly over the handle bars and smash up your head on the pavement. If you would be willing to right then sign over all your past, present, and future assets to pay for the hospital time, I'd be for letting you ride without a helmet because, well, you're not hurting anyone else.

  • RW (unverified)
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    Chris: I've been trying to find recent materiel on this issue, it's scattered out, it's dated. I hope you will find the stats I've been unable to. It's like porn: I can't describe this to you, but I know it when I see it...

    "Greg" troll - I am not completely out of agreement with you despite the differences in our apparent BELIEFS in this matter. I do think most cellphone drivers would drive better with that cell phone up their arse... I believe the issue may be that those with catastrophic head injury often end up on public rolls as a result of family and insurance resources being exhausted on longterm 24/7 care. I am certain we have the stats on car wreck trauma, and believe that this could surely be applied to those wrecks cyclists suffer that are catastrophic, involving head injuries. THe lack of stats is indicated as being related to 1. lack of profit motive; 2. we are not a bicycle-based culture, providing mere cultural motive.

    Gil: Thanks for the anecdotal from the Trauma Nurse. It lines up with all I've been told in converse with them. Perhaps I'm assuming people whine against the law b/c of potential expense, hence my nattering on about the cheap and up-to-date resources for riders offered for more than a decade by EHHC Trauma nurses.

  • RW (unverified)
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    Chris: I've been trying to find recent materiel on this issue, it's scattered out, it's dated. I hope you will find the stats I've been unable to. It's like porn: I can't describe this to you, but I know it when I see it...

    "Greg" troll - I am not completely out of agreement with you despite the differences in our apparent BELIEFS in this matter. I do think most cellphone drivers would drive better with that cell phone up their arse... I believe the issue may be that those with catastrophic head injury often end up on public rolls as a result of family and insurance resources being exhausted on longterm 24/7 care. I am certain we have the stats on car wreck trauma, and believe that this could surely be applied to those wrecks cyclists suffer that are catastrophic, involving head injuries. THe lack of stats is indicated as being related to 1. lack of profit motive; 2. we are not a bicycle-based culture, providing mere cultural motive.

    Gil: Thanks for the anecdotal from the Trauma Nurse. It lines up with all I've been told in converse with them. Perhaps I'm assuming people whine against the law b/c of potential expense, hence my nattering on about the cheap and up-to-date resources for riders offered for more than a decade by EHHC Trauma nurses.

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    Only the word "not" was meant to be bold.

  • Greg Lemond (unverified)
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    "If you would be willing to ... sign over all your past, present, and future assets to pay for the hospital time, I'd be for letting you ride without a helmet because, well, you're not hurting anyone else.

    Do you offer the same deal for cigarette smoking, cell phone use while driving, swimming less than a half hour after eating, etc., etc?

    Why just pick on people not wearing bike helmets? Again, your comment kind of makes my point about picking on the little guys for no apparent reason when their are plenty more egregious areas to address.

    "I do think most cellphone drivers would drive better with that cell phone up their arse"

    Rebecca troll, it really goers beyond that doesn't it? Not just better drivers, but drivers who aren't performing on the same level as a drunk. That's quite a bit different than just being "better" drivers.

    By the way, I saw a couple pre-12-year-olds riding bikes in Portland today without helmets. That's against the law. Maybe we ought to see if we can't manage to enforce laws that are on the books before we ad more burdens.

    It would be interesting to ask traffic patrol cops what they'd think of using their time to ticket helmetless cyclists?

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    "Greg," the problem with your anti-bicyclist theory is that Floyd Prozanski is widely reported to be a "long time bicycling advocate" as KATU puts it in Carla's link above. It seems he didn't consult his biking constituency for whatever reason.

    You wrote:

    That's not the statistic we need, Chris. We need to find out how many people were injured specifically because they weren't wearing a helmet. Finding out if they were injured while not wearing a helmet doesn't tell you if that helmet would have protected them.

    Not in individual cases, no. But you can in principle tell something about relative risk (actually a proxy called an odds ratio) on a population basis, depending on some bias and confounder factors. However, you're also right that what I identified wouldn't be enough for that either; it's only half of what would be needed.

    The first problem we have is incomplete data. We don't know how many cyclists fall in each category (never mind people who sometimes wear helmets and sometimes not), so we don't know what the denominator for proportion of population is. Then we also have problems of incomplete reporting of accidents, especially non-fatal, non-hospitalizing ones. These problems rule out many kinds of study designs.

    In principle these problems could be addressed by doing what's called a case-control study. In such a study you take a set of people who are "cases": that is they are in the population of interest (say bicyclists living in Multnomah county who had fatal or hospitalizing accidents, since I think deaths are registered at the county level) who have the condition of interest (death). And then you get an equal or larger number of "controls" from the same population, meaning if they had died, they would have been eligible to be cases (i.e. bicyclists who live in Multnomah County who had hospitalizing accidents but didn't die).

    At that point you ask how many cases (cyclists who died) had the exposure of interest (wearing a helmet at time of accident) and how many didn't have that exposure (weren't wearing a helmet), and you ask how many controls (cyclists in accidents serious enough to require hospitalization) had the exposure (wearing helmets) and how many didn't (no helmets). And from that you could calculate an odds ratio, which is a measure of relative risk, that would tell you if the odds of someone in an accident serious enough to cause hospitalization or death actually dying if they were wearing a helmet, vs. of actually dying if they were not wearing a helmet.

    There are various constraints that could make the study design stronger or weaker, to do with defining the study population, and privacy issues, and multiple hospitals, and to do with possible confounding factors (conditions associated with both wearing a helmet or not, and likelihood of hospitalization, or hospitalization) that would have to be controlled for either in the choice of controls or with statistical methods.

    But in principle you could do this kind of study, which is considered a fairly robust study design, and find out if there were significantly greater odds of dying with or without a helmet, if you get in an accident serious enough at least to bring you to the hospital. (In principle the odds ratio could be higher with helmets, say if wearing a helmet makes people cycle less cautiously.)

    This wouldn't tell us if a particular case who died without a helmet would not have died with one, But it does tell us about the population risks of wearing one or not.

    If there were a different odds ratio, at that point it might be possible to analyze the actual patterns of fatalities to see if particular types of accidents or injuries were associated with the excess deaths in whichever category had excess deaths.

    Of course, some patterns leading to hypotheses for more systematic investigation could also come from case reports, e.g. if certain types of fatal injuries were particularly more prevelant among the helmeted or the unhelmeted.

  • Greg Lemond (unverified)
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    Floyd Prozanski is widely reported to be a "long time bicycling advocate" as KATU puts it in Carla's link above. It seems he didn't consult his biking constituency for whatever reason.

    My guess is Prozanski is of the more moderate, helmet-wearing crowd of cyclists who also don't care for cyclists who adhere to the more freewheeling, bohemian roots of cycling.

    That "establishment" crowd also would like to rein in the rogue cycling element, which, of course, would be less likely to wear helmets. Making them wear helmets would be one way to put the thumb on them.

    I know you'e a serious guy, Chris, but I seriously see a punishment factor involved in this ... even if it's coming from a "fellow cyclist."

    Although it's circumstantial evidence, the timing of Prozanski's announcement, which came on the heels of several well-publicized skermishes between auto drivers and the more radical (helmetless) element of Portland's cycling community, leads me to believe I'm on the right track: Time to punish that rogue element.

    In regards to your proposed studies:

    Finding out whether a cyclist is safer with a helmet in a crash than without one also isn't the answer. All stipulate that a cyclist is safer with a helmet. But that's really not enough to force people to wear them, is it? That's a pretty big can of worms to open.

    What proponents of this law need to prove is that injuries caused specifically because a person wasn't wearing a bicycle helmet are such an over-riding burden on this society that mandating helmet use should be prioritized over safety issues such auto accidents caused by cell phone use while piloting a multi-ton vehicle capable of great speeds, cigarette smoking, poor nutritional habits that bring on heart disease, diabetes, etc. ... you know, things that kill millions and are real drags on our healthcrae system. There are much, much bigger fish to fry. of course, you might have to step on a lot more -- and a lot bigger -- toes to do that.

    Like I say. This smells of a solution in search of a problem. Usually when that happens, there's some other underlying reason. I think I've got my finger on part of it.

    I won't tell you wear my other finger is.

    :)

  • Greg Lemond (unverified)
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    Whoops. A few points I missed.

    1. I can stipulate that cycling with a helmet is safer than without one, but that doesn't mean cycling without a helmet is dangerous.

    2. We are not obliged by society to act in the safest possible fashion at all times. This is especially true if the less-safe alternative isn't all that dangerous either.

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    Don't doubt your seriousness "Greg".

    "that mandating helmet use should be prioritized over safety issues such auto accidents caused by cell phone use while piloting a multi-ton vehicle capable of great speeds, cigarette smoking, poor nutritional habits that bring on heart disease, diabetes, etc. ... you know, things that kill millions and are real drags on our healthcrae system."

    Preface: I don't know that I support obligatory bike helmets at all, and it certainly isn't a high priority for me, much less prioritized over what you mention.

    But I dispute the implication that nothing's being done about the things you mention. Laws are being passed in various places banning cell phones while driving or limiting them to "hands free" (which only gets part of the problem). Smoking is increasingly restricted. There's lots of work on trying to improve diets.

    Your last two points make a lot of sense to me.

  • fbear (unverified)
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    Sorry to come into this discussion so late, but I'd like to add a few points.

    Government makes all kinds of laws regarding use on the roads that it owns--speed laws (both maximum and minimum), what sorts of vehicles are allowed (and the conditions of those vehicles), traffic control (traffic signals, stop signs, yield signs, etc.), and jaywalking laws, to name but a few.

    Many of the laws are designed so that those using roads are less likely to endanger others, but there are other considerations, such as traffic flow and reducing the risk of people using the roads endangering themselves. Jaywalking laws are an example of this, and is probably the best analogy to the helmet and seat-belt laws.

    For all of the reputation of the West being a bastion of "rugged individualism", it used to be that Portland was one of the strictest cities in the country in enforcing jaywalking laws. Periodically, someone would even spend a night in jail for jaywalking. It didn't happen often, just often enough that people knew that was a possibility.

    Does government have an interest in making roads generally safer? Of course it does, as traffic accidents use government resources, and lessening the severity of injuries should lessen the strain on those resources.

    Now, the questions become:

    Are head injuries from bicycle accidents a significant problem?

    Do helmets significantly reduce the severity of head injuries in bicycle accidents?

    Are laws requiring helmet use going to significantly increase helmet use?

    I don't know the answer to the first question, the answer to the second seems a clear "yes", and, based on the effect of seat-belt laws, the answer to the third seems "probably."

  • Tom Civiletti (unverified)
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    Kevin wrote:

    If society's responsibility for the medical care of citizens is truly the important factor then the distinction being drawn between public and private behavior is... intellectually dishonest, to put it kindly.

    I disagree. Some issues require consideration of more than one point. In this case, public responsibility for medical bills would establish the public interest in safe behavior rules, while operating a vehicle on public rights-of-way would establish juristiction for regulation. Please remember, though, that I do not support helmet laws, even if I do see a legal basis for them.

    For discussion of oversimplified political thinking, see Krugman's column Know-Nothing Politics

  • Tom Civiletti (unverified)
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    Who left the italics open?

  • RW (unverified)
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    Tom: who left the italics open?

    R: some Sicilian maybe?

  • Ron Morgan (unverified)
    (Show?)

    I used to be one of those "feel the wind blowing through my hair" guys as I bike commuted to and from work, even though my hairs are rarely longer than what's left from a No. 3 Wahl clipper. About four years ago, as I was scooting down Haight Street to Divisadero in my home town at about twenty MPH, a guy in a minivan decided he needed to signal left and turn right, into a driveway directly in my path. We collided, and I flew through the air, eventually making a three point landing on the concrete; the three points being my hands and my head. I came to just as the paramedics were asking me how many fingers... Then they put me in a bus and took me to a trauma center, where I spent the next six hours being examined by an incredible team of specialists. I was lucky, other than a few stitches and soreness I had no concussion, no permanent damage. But it was only luck, if I'd gone head first into one the parked cars or if I'd hit the curb instead of the flat sidewalk, I could have been dead or severely injured. In the ambulance on the way to the hospital, the paramedic said to me, "Promise me one thing." I said, "Promise what?", he said, "No, just promise me one thing..." I said, "OK, I promise". He said, "Promise me that you'll never ride without a helmet again." "OK." And I have worn a helmet ever since.

    I didn't need a law to mandate my helmet use, just a really close call. I've taken spills since then and the dings on my helmets serve as a reminder that instead of pockmarked plastic I could be wearing those craters on my face. If I want to feel the wind in my hair I stand in front of a fan.

    I think a helmet law would be a good thing, I think testimony from paramedics and trauma teams, backed up with stats, would bear out the public health benefits. But the bottom line is that it's hard to cure stupidity, which is the greatest public health menace IMO.

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