As Beth Hudson was planning a visit last summer to the famed bicycle haven of Mackinac Island, she kept finding warnings about the ban on e-bikes.
“They don’t allow Class 2 bikes or trikes on the island, regardless of disability,” says Hudson, who has kept very active since her left BK amputation in 2017. The island prohibits powered vehicles of all kinds so tourists can enjoy quiet streets and a relaxed, unhurried pace. The ban’s lone exception is for people with disabilities, who are allowed to use e-bikes—Class 1 only—under Section 66-167, Ordinance 614 of the local code.
Hudson assumed it would be easy to get an accommodation for her Class 2 rig, which she has pedaled all over the country without incident. She was stunned when town authorities denied her request, messing up her whole vacation. And when they wouldn’t (or couldn’t) square their refusal with the federal ADA, Michigan’s state disability rights law, and a previous court ruling against the City of Mackinac, Hudson felt she had to stick up not just for herself, but for the legal principle that people can’t be denied access to public amenities because of their disability.
She’s willing to get the courts involved again, if it comes to that. On May 13, through her representatives at the Michigan Law Civil Rights Litigation Initiative, Hudson sent the City of Mackinac a formal request for reasonable accommodation to allow all disabled cyclists who require Class 2 e-bikes to ride them on the island.
If the city doesn’t respond favorably by May 27, she’s prepared to ask state courts to intervene.
“I don’t have a left hamstring,” Hudson explains, “so when I stop at an intersection, I have no way of getting any momentum to start up again. I tried for two years to do it safely, and I just don’t have the power in my body to do it. That’s why I need the Class 2 trike.”
Class 2 models have a throttle to provide a little extra power when needed; Hudson only uses it at start-up and on steep hills. Otherwise, Class 2s are identical to Class 1s—same quiet operation, same low speed (maximum of 20 mph). “The town lawyer likened Class 2 bikes to gas-powered motorcycles, which is just ridiculous,” says Hudson, who ought to know—she lost her leg in a motorcycle crash. “I guess they think if they allow Class 2 bikes, the next thing you know there’s gonna be cars on the island, and everything’s gonna go to hell in a handbasket.”
Although she’s a vigorous advocate for amputees, Hudson’s not the type to pursue disability rights litigation. She’s never had to before, because her reasonable requests for accommodation have always been honored. In anticipation of similar treatment at Mackinac Island, she did everything by the book: She called the tourist bureau in advance to register her request; they referred her to the police department, which issued a perfunctory denial and cited Ordinance 614.
After thinking it over, Hudson decided to visit the island anyway and keep pressing her claim. She showed up at the police station with a doctor’s letter explaining why a Class 2 bike is a medical necessity for her. They rebuffed her again and sent Hudson to the town clerk, who referred the matter to the city attorney. “Have the attorney look up Bertrand v. Mackinac Island,” Hudson advised, citing a 2003 ruling by the Michigan State Court of Appeals that struck down a previous version of Mackinac’s restriction on e-bikes.
In Bertrand, the court ruled that Mackinac’s e-bike policy violated both the federal Americans With Disabilities Act and Michigan’s Persons With Disabilities Civil Rights Act. The court also dismissed the town’s argument that severe restrictions are necessary to preserve the island’s uniquely stress-free vibe: “It would be speculation to conclude that Plaintiff’s accommodation will lead to the unrestricted use of motor vehicles on the island. The fear is understandable but not rational and not supported by evidence.”
Mackinac’s city attorney, Erin Evashevski, either didn’t read Bertrand or was unmoved by it. Later that day, Hudson got a call from police chief Doug Topolski, who relayed Evashevski’s interpretation of Ordinance 614: The town had no obligation to grant an execption, and would not do so.
Enjoy your stay on the island.
“She didn’t call me herself, and that really bugged me,” Hudson says. “I was very upset about it, really angry.” After giving herself a couple of weeks to cool down, she wrote a letter to the editor of the Mackinac Island Town Crier which read, in part: “I ask the good citizens of Mackinac Island to appeal to your city council 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.”
Her letter appeared in the paper on September 7 of last year. Soon thereafter, a town resident called Hudson and encouraged her to pursue the matter further. “That person isn’t medically disabled, but they’ve been having issues with their e-bike and wanted to help,” Hudson says. “Many of the locals are not happy with the ordinance. They told me, ‘Just bring your bike and don’t say anything.’ There are people who do, and some of them get away with it. I saw three or four Class 2 bikes on the island that were parked. But it’s kind of a crapshoot, and I didn’t think I should have to take that chance.”
Amplitude left voice mails with Police Chief Topolski and Mayor Margaret Doud, which were not returned. We also made a quick survey of e-bike regulations in other recreational settings that emphasize peace and quiet. For example, California’s Catalina Island—which, like Mackinac, is virtually automobile-free—allows both Class 1 and Class 2 e-bikes without restriction. So does Virginia’s Tangier Island, another auto-free enclave.
The National Park Service’s governing regulation—which, tellingly, is subtitled “Increasing Recreational Opportunities through the use of Electric Bikes”—emphasizes “the potential for e-bikes to reduce the physical demands of operating a bicycle and therefore expand access to recreational opportunities, particularly for those with limitations stemming from age, illness, disability or fitness.” The rule does allow individual parks to prohibit e-bikes in areas where they impose a safety hazard or conflict with environmental mandates.
In Amplitude’s home state of Colorado, where wilderness recreation is a multibillion-dollar industry, local and state regulations appear to permit Class 2 bikes almost everywhere. We couldn’t find a single state park, county open-space program, or local recreation district that denies access to Class 2 e-bikes.
In her May 13 letter to the City of Mackinac, Hudson made three requests: permission to ride her Class 2 e-bike on the island; identical permission for all other disabled riders who are unable to use Class 1 models; and clear procedures, as required under the ADA, for persons with disabilities to request accommodations and file grievances. “It would be truly disappointing if Mackinac Island refused to accommodate persons with disabilities again and ended up having to defend itself in court on a case that is so close to Bertrand,” the letter concludes. If the town does disappoint, the Civil Rights Litigation Initiative stands ready to prepare legal action on Hudson’s behalf.
If you’ve encountered similar restrictions related to e-bikes or any other mobility aids that allow people with disabilities to recreate equitably, write us at editor@livingwithamplitude.com.
