First, I hope you are all well and are looking forward to the end of this COVID mess.
We have a new threat to the Preserve, e-bikes. Currently, all motorized vehicles are prohibited from being in the Preserve except at trail head parking lots and this is to keep it a preserve. The Preserve is open only to “appropriate passive” recreation to allow people to experience the Preserve, and this has been defined as hiking, mountain biking, and equestrian uses, none motorized. In the past we have successfully kept dirt bikes and jeeps out of the Preserve because of this requirement in the Preserve Ordinance. Continuing the ban on motorized uses keeps preservation as the primary focus, not recreation, which has always been the intent. This decision was made when the Preserve was formed to protect plants and wildlife, minimize noise (which disturbs wildlife), and minimize conflicts with other users.
While it can be argued that there isn’t much difference between a mountain bike and an e-bike, e-bikes clearly cross over that line of the prohibition of motorized vehicles in the Preserve and once that line is crossed, for any reason, it will be impossible to keep other motorized vehicles out of the Preserve. Already there are electric e-bikes with a wide range of power and capability, electric dirt bikes, electric all terrain vehicles, electric jeeps, etc.
Now city staff is claiming that the American Disabilities Act (ADA) requires the city to allow handicapped individuals the use of a motorized vehicle, specifically an e-bike. Nothing could be further from the truth. Rather it requires “reasonable” accommodations and provides exceptions to even that if any change “would fundamentally alter the nature of the service program or activity.” The city already complies with the ADA at all trail heads with facilities and even some special trails that accommodate wheel chairs, to allow people with any disability to experience the Preserve, so certainly “reasonable” accommodations have already been made.
The law specifically says: “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.”
We believe it is both legal and appropriate to continue to prohibit ALL motorized vehicles from the Preserve and that the city should draft such a position to satisfy the ADA requirements to justify that position.
The McDowell Sonoran Preserve Commission (MSPC) will be discussing this issue and will be getting city legal staff’s interpretation at the May 20th meeting. Staff will be proposing a pilot program that will allow e-bikes to individuals who claim they are handicapped. The MSPC will eventually make a recommendation to the city council on what to do with this issue, so you are encouraged to write the MSPC and express your opinion on this issue. Either encourage supporting the current prohibition on motorized vehicles or allowing the Preserve to be opened up to e-bikes. Realize that once e-bikes are allowed for any reason, it will be impossible to regulate who uses them, what class they are, and also impossible to keep other motorized uses out of the Preserve.
Comments can be submitted on line at: https://www.scottsdaleaz.gov/boards/mcdowell-sonoran-preserve-commission/public-comment, or e-mailed to: [email protected]
Thank you for your attention and interest in keeping the Preserve just that.
Howard Myers
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