While this site is generally not a forum for political causes, there currently are two bills working their way through the Nebraska Unicameral that deserve the attention of cyclists. The bills, LB 78 and LB 564, have the potential to impact every type of cycling in the state of Nebraska.

In September 2006, the Nebraska Supreme Court ruled in Bronson v. Dawes County that governmental entities were not entitled to protection from litigation under the Nebraska Recreational Liability Act. Under Nebraska law prior to that ruling, a city or county could not be sued if someone was injured on public property while engaged in a recreational activity unless some gross negligence on the part of the city or county was found.

In the case of the City of Norfolk, the city has decided to protect itself from liability by requiring any type of special event requiring a permit (road closure, etc.) to carry liability insurance up to the current tort limit (the most money that can be asked for in civil suit of this type.) That’s equates to five million dollars at the present time.

This decision has affected little league baseball and softball programs, skate parks, sledding hills, and the like. Norfolk is not unique in this attitude and other cities may soon follow.

How does this affect cycling? Quite a bit. Most mountain bike trails are on government-owned land. Races are held on these trails. The same holds true for road races and any other type of competitive cycling.

Back to the City of Norfolk again, in order to hold the Norfolk Classic Criterium in the same venue as last year, the promoter has to carry two to three times as much insurance as the year before - which adds several hundred dollars to the cost of the race. If the governmental agency being asked for the permit decides that the event is too dangerous (in terms of potential liability) it may not issue the permit, effectively canceling the event.

As cyclists, we are fortunate that USA Cycling provides a good amount of insurance coverage within the cost of permitting the event and more can be purchased for a reasonable amount. Other events, such as fireworks displays, festivals, and concerts held on publicly-owned property may not be so lucky. Insurance for these types of events is very expensive - sometimes thousands of dollars for a one day event.

One more obstacle looms on the horizon: Another bill (LB 78) in consideration that would nearly triple the tort limit, raising it to 12 million dollars. At that level, insurance costs would break almost any event held in Nebraska.

What can be done? Currently, Senator Mike Friend of Omaha has made LB 564 his priority bill. This bill would restore the protection under the Recreational Liability Act to municipal entities and remove most of the obstacles described above. However, this bill is currently stuck in committee, meaning it is not even ready to be debated or voted upon by the senators. Norfolk Senator and Speaker of the Legislature Mike Flood has made public his desire to work out a solution and get this bill out to the senators and voted into law.

The Nebraska Cycling Association, Midwest Wheelmasters, Team Kaos, and the Elkhorn Valley Cycling Club have jointly contacted Senator Flood and voiced their support of LB 564. As cyclists and citizens of Nebraska, you should take it upon yourself and your club to contact your senator via phone or e-mail and voice your support of LB 564 and disapproval of LB 78. Every e-mail, letter, and phone call is documented and used to determine public opinion by the senators.

Your next race may depend on it.

Jon Downey, Elkhon Valley Cycling Club

Nebraska Unicam:
http://www.unicam.state.ne.us

Directory of State Senators: 
http://www.unicam.state.ne.us/c/portal/layout?p_l_id=PUB.1.323

More information:
http://www.unicam.state.ne.us/web/public/update/judiciary/lb564-lb566/committee