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"El Bwana"
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Discussion Starter · #1 ·
Boulder Daily Camera 3/38/06

Cyclist loses bike for careless riding

A 43-year-old Golden cyclist lost his bike and was ticketed over the weekend after a Boulder County sheriff's deputy reported having to swerve to avoid him in Lefthand Canyon.

The deputy reported pulling out at 12:50 p.m. Saturday onto Lefthand Canyon Drive when cyclist Gregory Zolnick, who was riding in the middle of the lane, rounded a corner going too fast and forced the officer to swerve into the oncoming lane of traffic to avoid being rear-ended, according to a incident report.

After Zolnick yelled expletives at the officer, he ignored commands to pull over, the report stated.

Zolnick was given a ticket for riding a bicycle in a careless manner and failing to obey a police officer. The deputy also seized his bicycle.
 

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PDex said:
Boulder Daily Camera 3/38/06

Cyclist loses bike for careless riding

A 43-year-old Golden cyclist lost his bike and was ticketed over the weekend after a Boulder County sheriff's deputy reported having to swerve to avoid him in Lefthand Canyon.

The deputy reported pulling out at 12:50 p.m. Saturday onto Lefthand Canyon Drive when cyclist Gregory Zolnick, who was riding in the middle of the lane, rounded a corner going too fast and forced the officer to swerve into the oncoming lane of traffic to avoid being rear-ended, according to a incident report.

After Zolnick yelled expletives at the officer, he ignored commands to pull over, the report stated.

Zolnick was given a ticket for riding a bicycle in a careless manner and failing to obey a police officer. The deputy also seized his bicycle.
Good.
 

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Same Guy?

Caps reduce jury award
Judge rules Gregory Zolnick will get $1M, not $8M

By Associated Press
December 15, 2004

DENVER — A man who was given more than $8 million in what was said to be the largest jury award in an Americans with Disabilities Act case in Colorado had the sum reduced Tuesday to $1 million.

U.S. District Judge John L. Kane reduced the amount in accordance with state and federal laws that cap awards in such cases. The award does not include attorneys' fees, which also must be paid by the defendant.

Gregory Zolnick, who won his case in September, had sued Graphic Packaging Corp. saying the company refused to allow him to return to work after he recovered from a brain aneurysm in 1998.

Federal law caps jury awards at $300,000, not including back pay, when lawsuits claim violation of certain civil rights laws, including the Americans with Disabilities Act, Kane's ruling said.

State caps are significantly higher.

Kane ruled Zolnick had both federal and state claims. The judge also allowed Zolnick to exceed state caps because there was "clear and convincing" evidence that Zolnick suffered pain, frustration and other injuries as a result of the company's conduct.

The ruling said it was likely one or both sides would appeal. Zolnick's attorney, Lisa Hogan, did not return after-hours phone messages seeking comment.

Representatives for Graphic Packaging could not be reached for comment. The company, a Coors brewing company spin-off, was formerly based in Golden but moved its headquarters to Georgia last year when it merged with Riverwood Holding Inc.

Zolnick started working at Graphic Packaging as a mechanical engineer in June 1998. Two months later, he suffered an aneurysm and went on short-term disability leave. He wanted to return to work in December but claimed the company turned him down.

He sued the company in 2000, saying he was denied employment because he was still regarded as disabled after he recovered from the aneurysm. A federal jury awarded him more than $8 million in September.

Zolnick's attorneys claimed the jury verdict may have been the largest in Colorado in an Americans with Disabilities Act case.
 

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"El Bwana"
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Discussion Starter · #4 ·
I don't think there are that many Gregory Zolnicks in CO. As presented in the article, it seems an appropriate penalty. Especially after lipping-off to a sheriff.
 

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PDex said:
As presented in the article, it seems an appropriate penalty. Especially after lipping-off to a sheriff.
Excuse me... "Lipping off"??? What, are you a freakin' cop? May I remind you that they work for us. In fact, lipping off is a civil right, cop or no cop.

"A people afraid of their government is tyranny. A government afraid of its people is a democracy." -- Thomas Jefferson

For the sake of argument, let's assume the story is true. Now, what's to say that the officer was not harrassing the cyclist and driving agressively? I get harrassed all the time when I ride on public roads. Granted: I live among a world of a-holes in the NY-CT area, but they are everywhere and come in all shapes and sizes.

Some years ago while I was riding (LEGALLY) in Prospect Park (Brooklyn) and in no way in a hazardous manner, a police car slowly pulled along side me with two officers inside. The officer at the wheel felt compelled to gradually drift to the left and in doing so PHYSICALLY MOVE me closer to the curb (as the park was closed to traffic and is a 3.5mi circuit). I immediately began to yell at the officer and was banging on the car. It was a female officer and I yelled for her to watch wtf she was doing and to "get back in the kitchen." Yeah, mom would be proud <sarcasm> for I was not proud, but it was clearly a case of a power trip for the officer.

How did things end-up for me? When I was banging on the car, she stayed steady, then got back to her line and sped off. I was so pissed that I forgot the patrol car #, otherwise I certainly would have reported it.

That little anecdote has happened to me more times than I can count, and only once at the hands of a cop, but believe you me: a car vs. cyclist conflict will never end up in the cyclist's favor. So watch what you say!

Off topic:
I grew up in Denver and went to CU-Boulder... When I lived in Boulder I rode LH canyon to Ward 50+ times and was in love with that ride. I couldn't believe how many cars were parked at any given time in Ward. And does everyone in Ward still have dreadlocks? But best of all, is the decent between Ward-Nederland, where a good tuck and no winds can get someone up to 65ish mph. I topped out at 63mph. The Peak to Peak Hwy really is beautiful.
 

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24Hours said:
Excuse me... "Lipping off"??? What, are you a freakin' cop? May I remind you that they work for us. In fact, lipping off is a civil right, cop or no cop.

"A people afraid of their government is tyranny. A government afraid of its people is a democracy." -- Thomas Jefferson

For the sake of argument, let's assume the story is true. Now, what's to say that the officer was not harrassing the cyclist and driving agressively? I get harrassed all the time when I ride on public roads. Granted: I live among a world of a-holes in the NY-CT area, but they are everywhere and come in all shapes and sizes.

Some years ago while I was riding (LEGALLY) in Prospect Park (Brooklyn) and in no way in a hazardous manner, a police car slowly pulled along side me with two officers inside. The officer at the wheel felt compelled to gradually drift to the left and in doing so PHYSICALLY MOVE me closer to the curb (as the park was closed to traffic and is a 3.5mi circuit). I immediately began to yell at the officer and was banging on the car. It was a female officer and I yelled for her to watch wtf she was doing and to "get back in the kitchen." Yeah, mom would be proud <SARCASM>for I was not proud, but it was clearly a case of a power trip for the officer.

How did things end-up for me? When I was banging on the car, she stayed steady, then got back to her line and sped off. I was so pissed that I forgot the patrol car #, otherwise I certainly would have reported it.

That little anecdote has happened to me more times than I can count, and only once at the hands of a cop, but believe you me: a car vs. cyclist conflict will never end up in the cyclist's favor. So watch what you say!

Off topic:
I grew up in Denver and went to CU-Boulder... When I lived in Boulder I rode LH canyon to Ward 50+ times and was in love with that ride. I couldn't believe how many cars were parked at any given time in Ward. And does everyone in Ward still have dreadlocks? But best of all, is the decent between Ward-Nederland, where a good tuck and no winds can get someone up to 65ish mph. I topped out at 63mph. The Peak to Peak Hwy really is beautiful.
Yeah I saw this...strange because didn't the cop pull out IN FRONT of the bike? Would he feel the same way if he'd have pulled out in front of a car heading downhill? Seems to me like the cop screwed up, the cyclist got pissed (rightly) and then he pulled rank and ticketed him and took his bike. I hope the cyclist fights it.
 

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PDex said:
was riding in the middle of the lane, rounded a corner going too fast and forced the officer to swerve into the oncoming lane of traffic to avoid being rear-ended, according to a incident report.
The freakin cop pulled out IN FRONT of the cyclist. If he had pulled out in front of a car that close would it be the car's fault? The cop probably didn't see the bike coming and then freaked when he saw him coming up in the rearview. That section of road the cyclist was probably going no more than 35mph downhill which isn't over the limit. Also not sure why they pointed out he was in the middle of the lane. That is totally legal. It's not legal to ride 2 abreast in that section of road, but it said he was alone.
 

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"El Bwana"
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Discussion Starter · #9 ·
Sorry about the delayed response. When you are in a situation like that with a cop you don't lip-off. It is dumb. Not escalating the situation could be considered 'the better part of valor". As a former card-carrying member of the ACLU, I know and understand my Rights. If this person thinks that his Rights were infringed, then he is certainly should sign a complaint against the sheriff.

No, I am not a cop - just a realist.
 

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PDex said:
Sorry about the delayed response. When you are in a situation like that with a cop you don't lip-off. It is dumb. Not escalating the situation could be considered 'the better part of valor". As a former card-carrying member of the ACLU, I know and understand my Rights. If this person thinks that his Rights were infringed, then he is certainly should sign a complaint against the sheriff.

No, I am not a cop - just a realist.
I'm not looking to pick a fight or to be rude, but it always amazes me how John Q. public will simply roll-over for cops or other public servants. What part of the description of "public servant" is so confusing. They work for us, they are paid by us, they are employed to protect us. Furthermore, our rights are equally protected under the letter of the law, so don't let "them" forget it.

Give them and inch and they will take a yard. I for one do not roll for the "heat."
 

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You're Not the Boss of Me
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Yeah, I was confused by the "middle of the lane" description, which makes it sound as though they are suggesting he was violating the law.

Descending Left Hand Canyon, riding in the middle of the lane is important for a number of reasons, including that the road is windy, with no shoulders, and debris near the edges. Plus the speed limit is pretty low so a descending bicycle can easily go the speed of traffic. Sounds to me like this guy didn't do anything wrong and that the cop punished the cyclist for the cop's own driving error... if I understand the description.
 

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I believe the speed limit on Left Hand Canyon is 35 -- it is rather easy to break 35 on the descent. There is no bike lane or shoulder on the descent either -- if you are going the speed limit and there isn't a bike lane, why not ride in the middle of the lane? And, as jtolleson noted -- LH can be windy. Last week coming around a corner a gust came up and blew me 5 feet off my line.
 
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