Calls for Reasonable Accommodation for Recumbent Trike on Mackinac Island

A.I.R. (Advocacy. Inclusion. Representation)

I wrote this editorial in response to what I perceive is a violation of my civil rights. Mackinac
Island has not allowed combustible-type engines (except for emergency vehicles) for over one
hundred years. Cycles and horses are the main forms of transportation.

The Michigan ACLU has received my claim against the City of Mackinac Island; as of this writing
I am waiting the 6-8 week processing time to find out if they will take my case. Do you agree?

Editorial 09/02/2023

My husband and I recently vacationed in the Upper Peninsula expressly to visit Mackinac Island
and to tour the island by cycle. Upon researching ferries and costs, I came to realize that my
recumbent trike would not be allowed. Generally, I am a rule follower; I called the Tourist
Bureau, who led me to the police, who led me to the town clerk, who led me to the town lawyer. I
asked for reasonable accommodation due to my qualified medical disability, but was denied,
even with a letter of medical necessity by my doctor.

I am a left below-knee amputee with very little functioning muscle in my inner left thigh – it was
removed due to infection. Even with a prosthesis, I walk 100% of the time with crutches. My
recumbent trike is my OPMD (other power-driven mobility device, as defined by the ADA); I do
not use a wheelchair. It was suggested that I rent a scooter, but I am an avid adaptive cyclist and
had no desire to scoot. I enjoy the recreation and the exercise of my trike. (Would a scooter
battery even last the 8-mile loop?)

I understand that bicycle speed can be a problem; however, many locals told me that most of the
offenders are bicycle liveries. Makes sense – the more deliveries they make, the more tip money
they receive; that is their livelihood. If that is the case, I fail to understand why the council is not
addressing them specifically. Instead, a blanket ordinance was installed that does not make any
exceptions whatsoever.

I ask the good citizens of Mackinac Island to appeal to your city council (September 6th and/or
September 20 @ 4 pm) to either revisit the ordinance as it stands, or at the very least, to make
exceptions when those exceptions are reasonable adaptations which let disabled people enjoy
biking the island just as abled-bodied people do.

I also draw your attention to Bertrand V. Mackinac Island. Mr. Bertrand suffered from a form of
MS that increasingly made riding a bicycle difficult due to both balance and strength issues. He
sued for the right to have an e-assist tricycle for his OPMD, as a regular bicycle would be
dangerous. He won the case and was allowed to use his e-assist on the island. I quote:
Cycling is an important part of the culture on Mackinac Island, which includes not only
transportation but also the enjoyment of a motor vehicle free environment. Almost every
resident of the island uses a cycle. Residents, and island visitors, use cycles as a primary
mode of transportation and for enjoyment of the provided esthetic experience.

I was denied my right to use my OPMD as my primary mode of transportation for the enjoyment
of the provided esthetic experience, for one day, for a few hours. The ordinance makes a
sweeping generality that any disabled person who is able to cycle, can physically do so with a
Class 1 e-bike. Due to my disabilities, I am not able to engage the e-assist without a throttle.
Most interesting of all is the industry standard for e-bike classifications. BOTH Class 1 and Class
2 E-bikes disengage the e-assist at 20 mph. (Class 3 is 28 mph). If both classes disengage at 20
mph, why did the city council ban Class 2?

Furthermore, I do not feel I am asking to use my Class 2 trike as an entitled tourist. My
viewpoint steers toward discrimination and ableism due to my disability. We did take the
carriage tour and patronized several restaurants and shops. The people running these
businesses were nothing but attentive to my adaptive needs, especially helping me into and out
of the different carriages needed for the tour. But I was disheartened watching all the cyclists
enjoying their tour around the island due to a reasonable adaptation that I was denied.

I hope none of you become disabled, lose a limb, or must deal with medical issues that I deal
with daily. My disability does not stop me from enjoying life, but the ordinance, as it stands,
certainly will keep me from visiting your fine city again, or at least until a person with any
disability is granted the same recreational rights as an able-bodied person.

Respectfully submitted,

Beth Hudson
LBKA (Left Below Knee Amputee)

Amputee Coalition Certified Peer Visitor
UOAA (United Ostomy Associations of America) Mentor

Author’s Note:
Attorneys for the Mackinac Island City Council and Mackinac Island City Council and Mackinac
Island State Park Commission have maintained that only pedal-assist electric bicycles are
allowed to those with mobility disabilities. The State of Michigan’s vehicle code allows the Island
to ban e-bikes with throttles. In addition to the city’s ordinance,the state park’s electric bike rule
went into effect this summer, which applies to more than 80% of the Island. And according to
the city attorney Erin Evashevsky, “Electric bikes with throttles are not an equivalent substitute
for the particularized purpose of cycling, but rather they are a substitute for the purpose of riding
a motorcycle.”

I believe Ms. Evashevsky needs to understand the difference between a motor and an engine.
Motors use electrical energy to convert to mechanical energy. Engines, as used in motorcycles,
use combustion (gas) to convert to mechanical energy. Obviously motorcycles go much faster
than cycles. I personally find this statement both ignorant and asinine. Lastly, I find it very
interesting that during the winter, snowmobiles (gas combustible engines) are used by full-time
residents to go to the mainland once Lake Huron freezes in the winter.
Am I asking too much for reasonable accommodation?

Respectfully Submitted,
Beth Hudson