Streetsblog Capitol Hill

On our walk down the memory lane of 2011 so far, we’ve talked about some downers, some inspirations, some triumphs, and some struggles. Check out our first two installments of year-end Streetsie award nostalgia. Here’s some more.

Best Obama Plan That Died a Slow and Horrible Death This Year: How to choose, when there were so many? The president laid out a big, bold, ambitious transportation plan for the next six years but then stayed mum on the all-important question of how to fund it, and so, predictably, it died. His American Jobs Act included $50 billion for infrastructure projects, including at least $13 billion for rail and transit. It, too, went nowhere fast.

Obama's high-speed rail plans took a fast train to nowhere. Photo: America 2050

That wasn’t Obama’s fault, but if you’re looking for a reason to be angry at him, look no further than the ozone pollution rules the EPA was going to strengthen. The president froze at the last minute and decided to hold off another couple years, to give the economy a chance to recover (or business interests a chance to vote for him). The new ozone standard would have saved an estimated 12,000 lives and made transportation reforms essential.

But who could blame the 47 percent of you who awarded the Streetsie for saddest death of an Obama program to high-speed rail? Congress takes every opportunity to yank money away from the program, three Republican governors have very publicly thumbed their noses at federal funds, and the only true high-speed rail line with the potential to be truly transformative is in deep doo-doo in California. So much for 80 percent access in 25 years.

Non-Presidential Vices: Yes, we had our share of letdowns from President Obama this year. But not all our disappointments were related to him. We were also bummed to see plans scrapped for the Woodward Light Rail line in Detroit, and the failure of the Seattle car tab fee, which would have gone to transit, bike/ped and road maintenance. And certainly we were disappointed that the Senate transportation bill, in the end, didn’t keep dedicated funding for bike/ped. But the Streetsie for the biggest letdown has to go to the bait-and-switch the House Republicans pulled about funding their transportation plan.

It was simple enough when they were threatening to cut spending by a third so as not to overspend Highway Trust Fund receipts. Just about everyone hated the idea. But then the GOP said they’d match current levels and it seemed the best of both worlds – reasonable spending levels and a longer-term bill than the Senate was offering.

Hallelujah! So what’s the catch?

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The first shocking thing about Raquel Nelson’s conviction for vehicular homicide was simply that it happened at all. After all, the mother of three wasn’t even driving a car — she was crossing a wide street with poor pedestrian infrastructure when her four-year-old son was killed by a hit-and-run driver.

Image: The Today Show

The second shocking thing about the case was that it captured so much media attention. Sure, Streetsblog was going to cover it. But the Today Show? Fox News?

As encouraging as it was to see so much mainstream broadcast media focused on Nelson’s case — and all in a sympathetic light — little of that coverage got to the root of the problem: dangerous street design in auto-centric communities.

So we’re glad to see the Washington Post remedying that situation by printing an op-ed by David Goldberg, communications director at Transportation for America. In his piece yesterday, Goldberg said:

Nelson was found guilty of killing her son by crossing the road in the “wrong” place. But what about the highway designers, traffic engineers, transit planners and land-use regulators who placed a bus stop across from apartments but made no provision whatsoever for a safe crossing? Those who ignored the fact that pedestrians always take the shortest possible route but somehow expected them to walk six-tenths of a mile out of their way to cross the street? Those who designed this road — which they allowed to be flanked by apartments and houses — for speeds of 50 mph and more? And those who designed the entire landscape to be hostile to people trying to get to work or carrying groceries despite having no access to a car? Are they not culpable?

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UPDATE 7/27: Raquel Nelson has, in fact, chosen the option of a new trial.

The last thing the jury heard from Raquel Nelson’s defense lawyer, before they convicted her, was the tape of her frantic 911 call after her son, A.J., was hit by a car. “1-2-3-4-5-6, doing chest compressions on her son, screaming,” recalls attorney David Savoy. “There was not a dry eye in that court room.”

The jury then decided to convict her of vehicular homicide, jaywalking, and reckless conduct.

A.J. Nelson, age 4, was killed while crossing the street between a bus stop and his home with his mother and two sisters.

The jury, as has often been noted, was all white and not transit-dependent. Indeed, Savoy said, the entire pool of 15 jurors they had to choose from was white. And Cobb County jurors are selected for service based on drivers license information.

While certainly many car-free people have drivers licenses – Raquel Nelson included – it’s a symbol, at least, of the auto-centrism of the entire process that convicted Ms. Nelson.

At sentencing, Judge Kathryn Tanksley handed down a relatively light sentence – involving no jail time, at least – but also granted a motion for a new trial before the defense even made a motion asking for a new trial. “We had motion for a new trial ready to file,” Savoy said. “I didn’t even need to pull it out of my briefcase.”

“It’s one of the most shocking things I’ve ever been involved with,” Savoy said. “A judge, on her own motion, granting a new trial.”

He wouldn’t speculate as to why the judge was moved to do so. But he did mention that the jury had made its decision based on the evidence that the judge allowed, indicating that there was other defense evidence that the judge did not allow. Perhaps she regretted that decision, disagreed with the jury’s harsh verdict, and thought a new trial would wipe the slate clean.

Despite the trauma that the case has caused Nelson and her family, Savoy is “pretty certain” she’ll take the option of a new trial. “Three misdemeanors, for crossing the street,” Savoy said. “That doesn’t sit right with her, or with me.”

Given the avalanche of negative attention the case has brought upon the Cobb County court system, the county may decide not to re-try the case at all. Indeed, although judges are supposed to be immune to public opinion, Judge Tanksley must have been aware of the packed courtroom, full of reporters, that greeted her on the day of sentencing. Even if she hadn’t watched the broadcast coverage, seen the petitions, or read the blogs about the case, she must have known the case was attracting major national attention.

“I’ve never understood the power of the blogosphere,” Savoy told me, “and now, I’m humbled.”

We’ve written quite a bit about Raquel Nelson over the past week or so, but now, we’ll let her speak for herself. The Today Show devoted an eight-minute segment to her case this morning, including an interview with Raquel.

Nelson’s lawyer, David Savoy, also contacted me this morning to respond to my inquiries about how people can help. (He wouldn’t answer questions about the case itself until sentencing is over.)

Savoy says that while the petitions that are circulating are an important show of support, what really counts are letters to the judge from residents of Cobb County, Georgia — the judge’s own constituents. He emphasized that people should not contact the judge directly, but if Cobb County residents want to email me at tips@dc.streetsblog.org today, I will send the emails on to Savoy and he will present them by hand to the judge. Time is of the essence, because sentencing is tomorrow at 10:30 a.m. This is your chance to respectfully ask the judge for leniency. And remember, she’s not the one who convicted Nelson in the first place — a jury did that. Please include your address on the letter.

Nelson’s aunt, who appears next to her on the Today Show, is setting up a legal defense fund. Many readers expressed interest in contributing to such a fund. I spoke to Nelson’s aunt myself, in between their appearances on the Today Show and MSNBC. She thanks people for their generosity and says they can send contributions to Chase Bank, 1050 E Piedmont Rd, Suite Y, Marietta, Georgia 30062. You can make the check out to Raquel Nelson Legal Defense Fund.

This photo shows the bus stop on Austell Road and the path taken by Raquel Nelson to get to her apartment complex across the street. No marked crossings are visible in the photo. Source: T4America

Last week, we reported on the horrific story of Raquel Nelson, whose four-year-old son was killed as she attempted to cross the street with him to reach their home. Nelson was convicted of reckless conduct, improperly crossing a roadway and second-degree homicide by vehicle, all for the crime of being a pedestrian in the car-centric Atlanta suburbs. The conviction carried a sentence of up to 36 months, while the driver who killed Nelson’s son — who’d been drinking and using painkillers before getting behind the wheel — got off with six months on a hit-and-run charge.

Many of you responded with outrage. The more information that came out, the more outrageous the charges against Nelson became. From an Atlanta Journal-Constitution story that came out the month after the incident:

On April 10, she and her three children — Tyler, 9, A.J., 4, and Lauryn, 3 — went shopping because the next day was Nelson’s birthday. They had pizza, went to Wal-Mart and missed a bus, putting them an hour late getting home. Nelson, a student at Kennesaw State University, said she never expected to be out after dark, especially with the children.

When the Cobb County Transit bus finally stopped directly across from Somerpoint Apartments, night had fallen. She and the children crossed two lanes and waited with other passengers on the raised median for a break in traffic. The nearest crosswalks were three-tenths of a mile in either direction, and Nelson wanted to get her children inside as soon as possible. A.J. carried a plastic bag holding a goldfish they’d purchased.

“One girl ran across the street,” Nelson said. “For some odd reason, I guess he saw the girl and decided to run out behind her. I said, ‘Stop, A.J.,’ and he was in the middle of the street so I said keep going. That’s when we all got hit.”

Look at all the ways the design of the city’s transportation system failed Nelson and her family. Bus service runs once an hour. There is no crosswalk to connect a bus stop with an apartment building it serves – nor any crosswalk for three blocks. A convicted hit-and-run driver who is half-blind and has alcohol and pain-killers in his system is considered less of a threat to the public than a woman who rides the bus and walks with her kids.

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A Google Street View image of the intersection where Raquel Nelson's four-year-old son was killed. There are no crosswalks in sight.

We don’t normally report on vehicle crashes here on the Capitol Hill blog, but this was so outrageous we couldn’t help ourselves.

A 30-year-old woman in Marietta, Georgia was convicted of vehicular homicide this week – and she wasn’t even driving a car. The woman was crossing the street with her three children when a driver, who had been drinking, hit and killed her four-year-old. The driver, Jerry Guy, was initially charged with “hit and run, first degree homicide by vehicle and cruelty to children,” Elise Hitchcock of the Atlanta Journal-Constitution reported. “Charges were later dropped to just the hit and run charge.”

The man has previously been convicted of two hit-and-runs – on the same day, in 1997, one of them on the same road where he killed Raquel Nelson’s son.

Guy will serve six months for killing the boy, but Nelson will serve up to 36 months – just for crossing the street with her child. Yes, it’s true: they were not in a crosswalk. Are there any crosswalks on that street at all?

Hitchcock at the AJC says:
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Local transit agencies that are planning service cuts and fare hikes as a result of budget constraints have been warned: cost-cutting measures shouldn’t unfairly affect people of color.

Peter Rogoff, head of the Federal Transit Administration, sent out a letter to local transit authorities last week reminding them of their duty to comply with Title VI of the Civil Rights Act, which “prohibits federally-funded programs and services from discriminating on the basis of race, color, or national origin.”

Transit as a civil rights issue: Suburban bus riders would disproportionally benefit if MARTA brings back the Braves Shuttle after cutting routes that served city residents' daily needs. Photo: CBS Atlanta

The Transportation Equity Network notes that people of color are up to six times more likely to depend on public transportation than white Americans. “As a result,” said TEN’s Laura Barrett in a statement, “the epidemic of service cuts and fare hikes around the country are having a devastating impact on the ability of millions of Americans to access jobs, education, health care, and opportunity.”

TEN applauded Rogoff’s letter, stating that “a budget crisis is no excuse for violating civil rights.”

This issue has been raised recently with respect to the Metropolitan Atlanta Rapid Transit Authority. MARTA was forced to impose widespread cuts to bus service and raise monthly and weekly fares last fall. Laurel Paget-Seekins of the Atlanta Transit Riders’ Union said the pain was distributed more or less equally, but since then, there has been a call to reinstate the Braves Shuttle, which took mostly-suburban baseball fans from the train to the ballpark. Paget-Seekins said MARTA is being pressured by some business and political interests to bring back the service. Meanwhile, she says her bus route has been folded in with two other routes and is often overcrowded.

“That’s why people are upset about this idea of putting back the Braves shuttles,” she said. “Because those of us who ride every day are still kind of suffering from the cuts that happened last fall.”

MARTA riders are 78 percent black and 14 percent white, she said. In addition, more than 50 percent do not have access to a car and more than 60 percent make less than $30,000 annually.

The Atlanta Transit Riders’ Union watches MARTA and local and state government agencies closely for civil rights abuses. The union has filed a complaint against the Georgia Regional Transportation Authority, which runs a commuter bus service that doesn’t serve low-income communities, Paget-Seekins said. The FTA is now performing a compliance review in response.

This is the final installment of our series on high-stakes governor’s races. We hope you’ll be watching along with us tonight as the results come in for the races we’ve followed in Florida, Wisconsin, Ohio, California, Texas, Maryland, Colorado, and Tennessee. Now, we turn to Georgia.

Transportation Secretary Ray LaHood told Georgians two weeks ago, “If Georgia wants a rail line and wants to be connected to high-speed intercity rail, you can make it happen.” But he warned that they’ll need leadership from the governor’s office.

Separated at birth? The candidates for GA governor look like identical twins. But they have different priorities for transportation. Image: TPM

“Whoever gets elected governor will be getting a phone call from me,’” LaHood said. He wants to know if Georgia’s going to be “in the mix” on high speed rail. “They should be. They’re an important region of the country.”

Today, Georgia decides who will be in the governor’s mansion to answer LaHood’s phone call. It’s a time of transportation innovation in the state. Atlanta was recently awarded a TIGER II grant to build a streetcar line, and the federal government topped that off with $4.1 million for a multistate plan for high speed rail between Atlanta and Charlotte, North Carolina. But the state of Georgia has many unmet transportation needs, and the two men facing off in today’s election each have their own ideas about how to proceed.

Democrat Roy Barnes declares on his campaign website, “The days of only big road projects are gone.” In a section called “Unclog Atlanta,” he says:

Instead of simply pouring more concrete, we must implement a mass transit plan that addresses Metro Atlanta’s tremendous population growth and unique problems. MARTA is convenient for Atlantans who want to travel short distances within the city, but it is completely unusable for suburban and exurban commuters. An elevated light-rail system running over metro Atlanta’s interstates, rail lines, and existing rights-of-way would move commuters to outlying suburbs more efficiently, unclog our interstates, and reduce our reliance on foreign oil, all while putting Georgians back to work.

Republican Nathan Deal is giving up his seat in the U.S. House of Representatives for a chance to replace Sonny Perdue as governor. In Congress, he voted against federal funding subsidies for Amtrak and an increase in emissions standards.

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More news keeps rolling in about TIGER II grantees…

An artist's rendering of Atlanta's streetcar project, which just got $47 million from the feds.

Atlanta scored about eight percent of the TIGER II total for its streetcar project. Rep. John Lewis got confirmation of the award this morning.

Atlanta had applied for $56 million for the $70 million project. Some observers had hoped the city would apply for its “beltline” project — a circumferential transit line — instead, but the streetcar will be a big step toward a transit-oriented, complete-streets vision for Atlanta.

Noah Kazis reports on Streetsblog New York that $1.5 million in TIGER funds will go to a planning study to determine what could replace the Sheridan Expressway, “which could provide a big boost for efforts to replace that little-used highway with housing, jobs, and parks.” And another $10 million “will go toward the redesign of Fordham Plaza, one of the most important spaces for transit and pedestrians in the city.”

Also leaked so far:

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One of the transit buses marked for today's Atlanta protests. (Photo: AJC)

A week of protests against local transit cuts and fare hikes began today in Atlanta, where union members painted large red Xs on buses and rail cars that would go out of service under a plan to end service on about 30 percent of the city's rail and bus networks.

The series of rallies in eight cities was organized by the Transportation Equity Network (TEN), an alliance of local advocacy groups working to increase transit funding and highlight the perilous fiscal straits that have put service cuts and fare hikes on the table at more than eight in 10 transit agencies.

The TEN effort got backup from the infrastructure reform coalition Transportation for America, which updated its August report on cash-strapped transit agencies and converted the data into an interactive map of local cuts.

The rallies are aimed in part at state-level officials who can help stem the tide of red ink at the Metropolitan Atlanta Rapid Transit Authority (MARTA) and other agencies, but TEN and its partners are also hoping to seize Congress' attention.

“Service cuts and fare hikes are hitting low-income people, people of color, students, retirees and the disabled especially hard, and they're robbing all of us of a proven engine of economic growth," TEN executive director Laura Barrett said in a statement on the rallies, asking lawmakers "to keep America moving by letting our transit agencies use federal funds for operating expenses.”

But Barrett's groups are facing an uphill battle to move the needle on more federal recovery funding for rail and buses. Read more...