Key Biscayne Village Council members voted last week to permanently forbid electric bikes, motorized scooters and similar micro-mobility devices within the city’s boundaries by deleting the sunset (expiration) provision in its emergency ordinance from 2024.
“So, this is the law of the land,” Key Biscayne Mayor Joe Rasco said, echoing the earlier comments by Village Attorney Chad Friedman.
The blanket ban on such devices stems from the tragic loss of Key Biscayne resident Megan Andrews on Feb. 14, 2024, when a 12-year-old riding an e-bike collided with the beloved, learning disabilities specialist and tutor who was on her regular pedal bicycle.
The 5-1 vote, on the second reading Tuesday night, didn’t come without a hiccup.
Councilman Ed London, in looking back at the previous decisions to continue extending the overall ban, said he decided to go against his wife’s wishes and bring up an alternative point, at least for discussion purposes.
“Against my wife, Claire’s, advice, I must speak because I like government and I like what government does and what government doesn’t do,” London said. “Everybody here will agree that, previously, the e-bikes were running amok, chaos and had young kids riding around. It was an accident waiting to happen and then, unfortunately, one of our dearly beloved persons had to suffer because of that.
“We all wanted to ban them, but the state said you couldn’t do it. So we got our State Representative (Vicki Lopez to help) and after two years she finally got us the ability to do something. Instead of saying we have the ability to be rational, we went to the extreme by saying nobody can drive anything.
“Now, is it fair? Is it fair for somebody like myself, my wife, with a pedal-assisted bike that now if we want to ride them, we have to walk them to Crandon Boulevard before we can start riding them? We can’t go down Fernwood because that’s Village property. We have to go down Crandon, which is much more dangerous.”
London then clarified his point.
“Again, do I want kids driving these e-bikes? Definitely not,” he said. “Do I want unlicensed drivers riding these e-bikes? Definitely not.
E-bikes parked outside St. Agnes Academy before the ban was made official.
JR
“But, do I want adults who are responsible, adults who have a Florida drivers license (actually, Florida’s law now only requires any government-issued ID), who have e-bikes registered by the Key Biscayne Police Department and they’re only pedal-assisted e-bikes which are limited to 20 mph? Should they be able to ride? I’d say yes.”
His proposed amendment would be to allow those over the age of 18, who possess a Florida driver’s license, to be allowed to operate a 20-mph-pedal-assisted bike, one that has been inspected by Key Biscayne Police, and only to be operated on the Village streets.
“I don’t expect everybody, because of the emotional thing here, to support me, but it certainly is rational,” London said. “It certainly is saying the government is thinking and not reacting and punishing those people who are completely innocent, which are the adults with pedal-assisted bikes.”
The amended Florida law (State Statute 316.6025) to allow municipalities to regulate motorized devices by age passed this year in Tallahassee and was a result of the hard work done by Rep. Lopez, who wanted to help the Village and its police department as much as possible.
Friedman said London’s discussion would not fit, anyway, into the advertised ordinance in Tuesday’s agenda regarding strictly the sunset provision.
“I appreciate Councilman London’s objected point of view,” Councilman Fernando Vazquez said. “We went in circles (to finally get a ban even before Andrews’ tragedy). I continue to oppose it … I don’t think this can be regulated.
“I appreciate Councilman London’s comments, that you want to regulate it, but my vote is a hard no.”
Vazquez’s comments were followed by applause from several audience members.
Later, London pulled his amendment from further consideration.
Prior to the vote, Andrews’ daughter, Alexandra, addressed Council, thanking them for their vote on first reading in September.
“For me, personally, this is not a war on e-bikes, it’s just about integrity and what’s best for Key Biscayne.”
For the record, a motorized wheelchair or any such device that assists those with special physical needs, are allowed, according to Village attorney Chad Friedman.
“So, theoretically, someone with a disability could use (these devices),” Councilman Michael Bracken responded.
Friedman said people, say, with heart and lung ailments, who might have breathing problems while riding a regular bicycle would be evaluated on a case-by-case basis to be allowed a pedal-assisted bike.
London, as one of the Council’s elder statesmen, said, “So, if a person who has trouble breathing and needs the pedal assist …”
Friedman smiled and said, “I’m not going to declare you disabled tonight.”
London voted “no” in the 5-1 decision (Councilman Frank Caplan was absent) to preserve the ban.
At this point, only future Village Councils would be able to reverse, or modify, the ban, Friedman said.