A group or residents of the Biltmore have hired off-duty
Phoenix police officers to patrol their neighborhood, ostensibly in response to
a rash of burglaries. However, the police officers (or at least one of them) have
also been stopping cyclists, joggers, and walkers and telling them that they do
not have the right to enter the Biltmore. That information appears to be a blatant
lie and not condoned by the Phoenix Police Department
It is true that the streets inside the Biltmore are private.
To the best of my knowledge, the largest section of street, from the entrance
at 24th Street to the Biltmore Hotel, is owned by the hotel. Other
sections are the property of various home owners’ associations. However, just
because a street is private does not necessarily mean that non-residents are
forbidden to use them. If they wanted, perhaps the Biltmore residents could
persuade the City of Phoenix to ban cyclists from their private streets, but at
least so far, they have not done so. As
has been the case for decades, cyclists, runners, and walkers have just as much
right to use the streets of the Biltmore as do motorists.
A group of us riding with the Arizona Bicycle Club was
stopped inside the Biltmore by Officer Benjamin Carro, himself a cyclist, on
Sunday morning July 1 and informed that we had no right to be there unless we
were accompanied by a Biltmore resident. Two of the cyclists promptly
identified themselves as Biltmore residents, which should have ended the
situation if what Officer Carro said had been true, but nevertheless, Officer
Carro continued to berate us. He said he wasn’t going to take names this time
and indicated that he could write us all traffic tickets if he wished to. (On
what grounds?) Officer Benjamin Carro was shouting loudly, making little sense,
and seemed to be out of control. Paradoxically, Officer Carro, who appeared to
us to have no sense of how to deal with the public, is a Community Action
Officer and also a cyclist.
Three of us cyclists including a Biltmore resident met with
representatives of the Mountain View (formerly Squaw Peak) Precinct to discuss
the situation. Because no one at the meeting was an official Police Department
spokesperson, I had to agree not to report on the meeting with one exception. I was given permission to convey to cyclists
and others that they do have a right to use the streets of the Biltmore. The
police officials, both sergeants, requested however that cyclists ride to the
right and no more than two abreast.
If the position of the Phoenix Police Department is that
cyclists have the right to ride through the Biltmore, why are the officers on
site (or perhaps it is just one officer) out of step with their superiors’
position? I have no answer to that question. I have attempted to get an answer
to that question from someone at the Phoenix Police Department who has the
authority to speak for the organization, but I have received no response to my
inquiry.
What to do if you are stopped? First, according to the
officer’s boss, you have every right to ride on the streets of the Biltmore. However,
there is no sense arguing with the officer, because the very fact that you were
stopped while doing nothing wrong indicates that the officer is not interested
in facts. Instead, politely insist that the officer give you a card or write
down his or her name and badge number. (I had to undergo a second round of
abuse after I asked Officer Carro for his name and badge number, but when I
politely persisted, he finally gave them to me.) Then either call or write the
Mountain View Precinct and complain. Although whoever receives the complaint is
unlikely to admit it to you, that person will know that the officer was out of
line. The more complaints that the precinct receives about an officer or
officers who are not following proper police procedure, the more likely it is
that someone in charge is going to take corrective action.
The Mountain View Precinct’s address is 2075 East Maryland
Avenue, Phoenix, and the telephone number is (602) 495-5007. The precinct
commander is Glen Gardner, although unless you are someone important, he will
probably fob you off to a lower official.
Jack Quinn
8 comments:
Are you willing to post a comment from a Biltmore Estates resident or are you only going to present your "take" on the situation?
Any respectful comments are welcome. That's why the comments section is here.
By the way, some of the people who were harassed are Biltmore Estates residents, some of whom were cycling with friends and one of whom was doing nothing worse that walking his dog in his own neighborhood.
Part !
In response to your blog of July 10, there are a few statements that I wish to address and correct.
First, Biltmore Estates is private property and is marked as such at each entrance –at Colter and 24th Streets. The entry behind the Hotel is also private. The loop road and Thunderbird Trail are owned by the Biltmore Estates residents; an easement has been given to the hotel for access to the hotel, and for use by their guests. Legally, hotel guests have the right to use the loop road which is granted by the residents of the loop road. Access to Thunderbird Trail is granted to the three gated communities with guard gates on that road. The Phoenix Police Dept, the City of Phoenix and the AZ Biltmore Hotel all recognize that this is private property, and have the right to restrict use by anyone other than its residents and hotel guests – no different than Finestierre or Clearwater Hills, which happen to have a guard to keep non-residents out. The AZ Biltmore Hotel has been most supportive, as the safety of our residents also ensures safety of their guests.
Essentially, any non-resident of Biltmore Estates, whether walking, jogging, cycling or driving is trespassing.
In the past, Biltmore Estates allowed non-residents access. However, with the significant increase in burglaries and home invasions, it was decided by residents to hire off duty police to provide security and restrict access. With 1700 households within the Biltmore community, it is impossible for any single individual to know who belongs here without asking. Thus, there was a concerted and legal effort to let those in the area know that the property was no longer open to non-residents. Many were surprised and some were angry when off-duty police did exactly what we requested. All stops were legal and were consensual. No one likes being told something they don’t want to hear. It was ironic to hear the sense of entitlement that many non-residents had relating to use of our private property.
As you probably know, there continues to be walkers, joggers and cyclists who use the grounds. As long as they obey the law and present no danger to residents or themselves, they are currently being allowed to do so. However, on many, many occasions, cyclists continue to ride across the entire width of the road, endangering themselves, obstructing traffic and endangering others. They have been stopped, at our request letting them know that this is not acceptable. It is not harassment. It is our rules. Cyclists have been informed that if they do not ride in a lawful and safe manner, they will not be allowed to use the property. This is not a matter of police discretion or policy. It is the law of the city, and the fact that cyclists, only with Biltmore Estates residents’ permission, may only use our property if they observe the terms that we have set forth.
Part 2
In the case of Officer Carro, he has been a true asset to the safety of our community. He has prevented at least two actual burglaries; he is proactive and helpful and is considered to be one of the finest officers that we currently employ. He has been lauded by other cycling groups as well as he has ensured their safety and avoided potential accidents as well.
In the case you refer to on July 1, I happen to live approximately 50 yards from where the incident occurred. Initially, the officer, in the course of his duties, was attempting to get past the riders that were blocking the street. It was essentially impossible, as no one made any effort to give him space. When a consensual stop was ultimately made, riders from the rear joined the group and virtually surrounded the officer.
While there may have been more than one Biltmore resident, no one was able to indicate which community in which they lived. Further, merely being a Biltmore resident does not give them the right to obstruct traffic, or endanger the residents of Biltmore Estates.
In addition to speaking to representatives at the Mountain View Precinct, you also spoke to a spokesman for our association, Mr. Scott Schirmer, who clarified our position and validated the fact that we have hired these officers to do exactly what they are doing. He was clear, and based upon my detailed conversation with him, you appeared to be fully aware of the fact that you are on private property for your own personal recreation and are allowed to do so at our discretion.
To me, the greatest issue is that you believe that you have the right to use Private Property at all. I cannot imagine you or your group attempting to ride the grounds at Phoenician Hotel or any gated community in the Valley. Why, therefore, despite signs clearly saying “No Trespassing”, “Private Property” and “Not a Through Street”, do you and your group wish to intrude? No one is your enemy. No one is attempting to harass you and no one, including the police is treating you as a lesser person. Simply stated, you are on our property.
Ina Manaster's comments are a mixture of fact and fiction.
It is a valid point that some groups of cyclists inconsiderately take up the whole street, and it is probably true that the group I was in that Officer Carro stopped and harangued was also taking up the whole street (I was riding in front of the group and did not see.) The remainder of the description of Officer Carro's stop is fiction. It didn't happen that way at all. It's not true that the cyclists surrounded Officer Carro. It's not true that the specific place of resident of the Biltmore residents could not be determined; all Officer Carro would have had to do was ask.
The Biltmore Hotel, the Phoencian Hotel, the Camelback Inn etc all welcome cyclists and other recreational users on their property and on the street and path that the Biltmore controls. The Biltmore has issued a statement to that effect as a result of this incident.
Ina Manaster also gives the false impression that the only people who have been harassed have been cyclists in ill-behaved groups. Lone cyclists, joggers, and walkers have all been stopped. One of the Biltmore residents told me that his neighbor was stopped while out walking.
As I wrote above, the comments have some validity, especially the point about some groups of cyclist riding in an inconsiderate manner, but the argument as a whole is weakened by including fictional versions of events.
As a side note, if break-ins are the concern, having cyclists, walkers, and joggers passing through the neighborhood can be a deterrent. The more eyes and ears on the street, the more likely it is that someone will notice illegal activity and call the police.
If the author would like to redo the comments with something that is completely factual, it would make a much stronger argument, and I would be glad to remove the flawed comments and replace them with the improved version. I do not believe that the present version does credit to its author. -- Jack Quinn
I have no intention of getting into a war of words, nor do I intend to split hairs with you in this matter. The Hotel has indicated that you are welcome as long as you do nothing to obstruct the streets or endanger the residents. The Hotel has an easement on Thunderbird Trail - not the loop road. At the end of the day, you and the cyclists are on private property and the rules are determined by the residents.
As I suspected, you didn't post the last response. As an FYI, the two arrests for attempted burglary were cyclists; and the Phoenician and Camelback Hotels are not residential communities. I would suggest you continue your rides in those locations.
I received your comment this morning along with the second one. I published them both as soon as I received them.
Not everyone riding a bicycle is a cyclist. Perhaps one of the problems is that you are confusing groups of cyclists with loners riding bikes who are up to no good.
I would like information of the two people on bicycles arrested for attempted burglary. I can find no reference to those incidents.
-- Jack Quinn
Post a Comment