(Jonathan Maus/BikePortland)
A few days ago a reader emailed to share that a person riding a bike shouted at them for running on Southeast Clinton Street. “I was yelled at by a cyclist to run on the sidewalk,” the person (who also rides bikes) shared. “I responded that no, I would not run on the sidewalk because it was a neighborhood greenway.” After this random argument with a stranger, the person got home and took stock: “Was I the a**hole here?” she asked me. “Is it legal to run in the road on a neighborhood greenway?”
I figured it’d be a great question for the Ask BikePortland column. But as I got the post together, I realized I’d actually already answered that exact question in 2012 (there are 17,882 posts on here, so yes, I will often forget what I’ve already written!). But what I didn’t have in 2012 was the ability to make a video and share it on social media. So I made a video instead and shared it on Instagram and TikTok this morning. Watch it below:
So what’s the answer? Turns out Oregon law (ORS 814.070) says if you are a “pedestrian” (or runner) you must use the sidewalk if one is available. And if there’s no sidewalk, you must stay as far to the right “as practicable.” Since SE Clinton has a sidewalk, technically the cyclist in the above situation was right. It’s similar to the mandatory bike lane law some of you might be familiar with — and just like how activists are working to erase that law, I’d love to see an effort to change this one so that pedestrians could have a bit more legal right to be on the road.
After all, sidewalks (similar to bike lanes) are often obstructed and unfit for running, and riding right next to parked cars is stressful and dangerous. Not only that, but as I point out in the video, City of Portland policy is to create greenways so they prioritize not just cyclists, but everyone who isn’t inside a car.
You might hear all this and think, “Who cares what the law says, streets are for people and cyclists should just be nice to each other and chill out!” and I’d agree with you to a certain degree. But keep in mind that if a collision were to happen, what the law actually states is very important. Once a case gets to court, or an insurance adjuster’s desk, or a cop’s report, what it says in the ORS will determine who is at fault and who bears responsibility for any damages.
Got a question? Ask us! If I can’t answer it myself, I know someone who can.
