Here’s Ken McLeod’s reply to my request for help on the drive-thru issue. Some interesting links but not as good as Drew’s summary of his research.

Frank

Begin forwarded message:

From: Ken McLeod ken@bikeleague.org Subject: RE: [Bikeboard] Fwd: Drive-thru policy for cyclists... Date: July 7, 2016 at 3:41:56 PM EDT To: Frank Gmeindl fgmeindl@gmail.com Cc: Bicycle Board bikeboard@bikemorgantown.com

Hi Frank and Derek,

Unfortunately the League has not been intimately involved in changing rules so that bicyclists are accepted at drive-thrus. There are two examples of changes that may be helpful to you though:

1.   The regional fast food chain Burgerville suffered public backlash for prohibiting bicyclists from using its drive-thrus and adopted a policy <http://bikeportland.org/2009/08/14/burgerville-bikes-now-welcome-in-all-drive-thrus-22360> of allowing bicyclists in drive-thrus back in 2009. They may be a good business to contact to see if you can get a statement about their experience with that policy and whether “safety” fears or insurance rate increases materialized. 
   

a. It may be worth noting that they are located in and around Portland and primarily market themselves based upon sustainability and health (even though they are a burger chain). Also, if you’re ever in the Portland area, they’re totally worth trying. 2. Salt Lake City passed an ordinance http://www.good4utah.com/contact/brian-carlson/salt-lake-city-okays-fast-food-drive-thru-service-for-bicycle-riders in 2015 requiring businesses to serve people on bicycles at drive-thrus. Unfortunately, the state assembly passed a law http://le.utah.gov/~2015/bills/static/HB0160.html that undermined the ordinance by removing the city’s ability to require businesses to serve people on bicycles. This article http://www.sltrib.com/news/2150292-155/bikes-at-the-drive-thru-city-legislature?page=2 about that law mentions that Maine has a law that addresses using a drive-thru on a bike or by foot – and it protects businesses from liability, presumably making businesses more willing to allow the use of the drive-thru by people who bike or walk.

Another thing to bring up might be to draw parallels to schools that prohibit biking to school, and how this has actually led to greater liability in some cases http://www.changelabsolutions.org/sites/default/files/Backing-Off_Bike-Bans_FINAL_20130715_0.pdf. Specifically, as discussed in that pdf, the business may be creating a duty to enforce its policy and be liable if it fails to do so.

I hope that this information helps. Please let me know if you have any questions or if there’s anything that we can do to help.

Best,

Ken

KEN MCLEOD, State & Local Policy Manager KEN@BIKELEAGUE.ORG mailto:KEN@BIKELEAGUE.ORG | 202-621-5447 THE LEAGUE OF AMERICAN BICYCLISTS WWW.BIKELEAGUE.ORG/BIKELAWS http://bikeleague.org/bikelaws TWITTER https://twitter.com/BikeLeague | FACEBOOK http://www.facebook.com/leagueamericanbicyclists | YOUTUBE http://www.youtube.com/user/bikeleaguevideo

From: Frank Gmeindl [mailto:fgmeindl@gmail.com mailto:fgmeindl@gmail.com] Sent: Wednesday, July 06, 2016 4:54 PM To: Ken McLeod Cc: Bicycle Board Subject: Fwd: [Bikeboard] Fwd: Drive-thru policy for cyclists...

Hi Ken,

You’ve helped me tremendously a couple years ago when I was researching 3-foot laws. You probably know more about bicycle law than anyone I know. So, I must ask you, has the LAB succeeded in turning around any businesses that refuse to serve bicyclists at their drive-thrus?

Below is a dialog between Derek, one of Morgantown’s Municipal Bicycle Board members who is a regular bicycle commuter and employees of BB&T bank that are refusing to serve Derek when he is on his bike in their drive-thru. They don’t have a written policy and they’re saying they’re refusing service for safety reasons. (I think they’re trying to avoid litigation and maybe they’d serve bicyclists if they saw litigation coming for not serving bicyclists.)

Maybe you’ve also dealt with this on you new job a BFC honcho?

We appreciate any help or insights you could give us.

Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles

...

---------- Forwarded message ---------- From: Holdsworth, Angela <AHoldsworth@bbandt.com mailto:AHoldsworth@bbandt.com> Date: Fri, Jun 24, 2016 at 10:41 AM Subject: RE: Drive-thru policy for cyclists... To: Derek Springston <dspringston@gmail.com mailto:dspringston@gmail.com> Cc: "Whipkey, Lydia" <LWhipkey@bbandt.com mailto:LWhipkey@bbandt.com>

Good Morning Derek, In Lydia’s absence today, I wanted follow up with you in regards to your concern about BB&T restricting Drive Thru use for motor vehicles. Lydia consulted our Security team and while we do not have a written policy to share, it has been the practice of BB&T to prohibit transacting business with clients not in/on a motorized vehicle. This is strictly for the safety of both our clients and our associates.

While the State of WV has guidelines about bicycles on public roads, BB&T Drive Thrus are private property, and therefore, are subject to these procedures due to safety concerns. This would include individuals on foot as well.

We certainly appreciate your business and value your loyalty to BB&T. Have a great weekend!

Angela Holdsworth BB&T Vice President Market Leader VI Morgantown Main/Morgantown Mall Morgantown, WV 26505

P: (304) 285-5640 tel:%28304%29%20285-5640 F: (304) 285-2327 tel:%28304%29%20285-2327 NMLS# 431326

From: Derek Springston [mailto:dspringston@gmail.com mailto:dspringston@gmail.com] Sent: Tuesday, June 21, 2016 10:08 AM To: Holdsworth, Angela Cc: Whipkey, Lydia Subject: Re: Drive-thru policy for cyclists...

Angela and Lydia, I hope you're both having a good day! Have you made any progress on locating where in BB&T policy it states that I can't be served as a cyclist in the drive-thru? I believe I've communicated with at least four BB&T employees and have perhaps an additional one or two more that are supposed to be looking into this, and so far no one has been able to show me where in BB&T policy it says I can't be served. When would you expect to be able to get back with me with the policy or where I can find the policy that excludes me? Again, thanks for your time and have a nice day!

~C. Derek Springston Cyclist and Morgantown Bike Board Member

On Thu, Jun 16, 2016 at 11:47 AM, Holdsworth, Angela <AHoldsworth@bbandt.com mailto:AHoldsworth@bbandt.com> wrote: Hi Derek, I did get your voicemail, and certainly understand your concern. That policy has been in place to protect the safety of our clients based on our insurance requirements, but I have passed along your concern to my Operations Manager who is seeking out more information and will respond to you directly.

Thank you for your business !

Angela Holdsworth BB&T Vice President Market Leader VI Morgantown Main/Morgantown Mall Morgantown, WV 26505

P: (304) 285-5640 tel:%28304%29%20285-5640 F: (304) 285-2327 tel:%28304%29%20285-2327 NMLS# 431326

From: Derek Springston [mailto:dspringston@gmail.com mailto:dspringston@gmail.com] Sent: Thursday, June 16, 2016 11:33 AM To: Holdsworth, Angela Subject: Drive-thru policy for cyclists...

Angela, I hope this finds you well today!

Yesterday, around 5pm, I rode my bicycle up to the drive-thru window at the Spruce Street location, as I've done dozens of times since I became a BB&T customer in approximately 1998 or 1999. The teller was pleasant enough to go ahead and make the deposit, but she told me that BB&T isn't really supposed to serve me on a bicycle. I asked her why they couldn't serve me in the future, and she stated that BB&T had safety concerns, and that the drive-thru was reserved for vehicles. She then pointed to a sign that was posted to the window essentially stating the same thing. I debated with her a bit on the fact that I view my bike as a vehicle. I didn't bring this up while there, but according to WV state code 17C-11-2 and Morgantown 373.02 say bicyclists have the same rights and duties as drivers of vehicles.

I also asked her if she could show me where in BB&T policy it states that I can't be served and asked for her card so I could follow-up. She said she was out of cards, but handed me your card, to which I called and left a message yesterday around 6pm. I was polite (even though a little out of breath and winded from riding), and even told her I wasn't trying to get anyone in trouble. I just want to know what the BB&T policy said, and that I'd follow up or make a decision once I figure out what my rights are in your drive-thru.

I've ridden on roads for approximately 20-25 years and have a commuting cyclist for over 10 years and have not had one accident/collision with a vehicle or damaged any personal property as a result of cycling, despite logging likely tens of thousands of miles. I'd like to discuss some of the benefits of cycling, but I'll save that for later when we determine what your policy actually states.

I also called in to BB&T's customer service line, and they couldn't find anything in their policies that stated that I couldn't be served, but he said it's common for local branches to tell folks they have to be in vehicles (he didn't say motorized though). They've escalated my call and said they'll be looking into it further. I explained to them that I've driven my car to work once in the last month, and that my schedule makes it difficult to get to the bank when their branches are open. However, it's frequently possible and easy on my way home via bike to deposit at the drive-thru. Plus, I had $700 in cash that I hadn't been able to deposit for days due to my schedule and felt strongly about getting it in the bank. Thanks for you time! Have a great day and look forward to hearing from you regarding my experience in the drive-thru.

Sincerely,

~C. Derek Springston Cyclist and Morgantown Bike Board Member

-- Let deeds, not words, be your adorning. -'Abdu'l-Baha “Nothing compares to the simple pleasure of a bike ride.” -John F. Kennedy "...the arc of the moral universe is long, but it bends towards justice." - Martin Luther King "...change can be so constant you don't even feel the difference until there is one. It can be so slow that you don't even notice that your life is better or worse, until it is. Or it can just blow you away, make you something different in an instant." - George from 'My Life as A House'

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-- Let deeds, not words, be your adorning. -'Abdu'l-Baha “Nothing compares to the simple pleasure of a bike ride.” -John F. Kennedy "...the arc of the moral universe is long, but it bends towards justice." - Martin Luther King "...change can be so constant you don't even feel the difference until there is one. It can be so slow that you don't even notice that your life is better or worse, until it is. Or it can just blow you away, make you something different in an instant." - George from 'My Life as A House'

-- Let deeds, not words, be your adorning. -'Abdu'l-Baha “Nothing compares to the simple pleasure of a bike ride.” -John F. Kennedy "...the arc of the moral universe is long, but it bends towards justice." - Martin Luther King "...change can be so constant you don't even feel the difference until there is one. It can be so slow that you don't even notice that your life is better or worse, until it is. Or it can just blow you away, make you something different in an instant." - George from 'My Life as A House'

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