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Judge Rules Diablo Country Club Has No Authority to Exclude Bicycles

Author: Bike East Bay

Date: October 11, 2018

With support from thousands of voices like yours, Judge Treat of Contra Costa Superior Court ruled on October 5 that Diablo Community Services District has no legal authority to close the publicly accessible streets in Diablo Country Club to people bicycling. This is great news, but does not dispose of the lawsuit, at least not yet.

 

For decades, people bicycling up Mount Diablo have used the safe residential streets of Diablo Country Club to get to South Gate entrance to the park, avoiding a dangerous, narrow windy stretch of Diablo Road. This lawsuit was brought by four homeowners on Calle Arroyo Road within Diablo Country Club. They filed suit against the Diablo Community Services District to force the District to exclude bicyclists, arguing that people bicycling are a nuisance and create safety issues. The judge ruled that the District has no such authority.

 

Bike East Bay joined the lawsuit last spring, thanks to pro bono representation from Bay Area Bicycle Law, to defend your right to use publicly accessible roads. Our efforts have benefited from enthusiastic support from Al Kalin of Mount Diablo Cyclists, Steve Whelan of Valley Spokesman riding clubs, and the more than 1,000 people who made their voices heard and shared their riding experiences. 

Next up, the homeowner Plaintiffs have until November 5 to amend their complaint and argue a different legal theory. Bike East Bay continues to participate in this legal dispute to ensure your safe bicycling access to Mt. Diablo.

Help us continue defending access to Mt. Diablo by becoming a member today.

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