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Cyclist-driver clash photos spark online
debate
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CBC News, January 31, 2006
A series of dramatic photos showing a driver and bike courier in an
apparent scuffle over litter in Toronto is generating heated online
debate about how far the envelope can be pushed in taking a stand.
The photos on the website citynoise.org depict a Jan. 26 incident in
the Kensington Market district, a popular tourist site known for its
fruit and vegetable markets and tiny shops.
According to the website, the male driver tossed some litter onto the
street. The female biker picked it up and tossed it back into the van.
He threw coffee on her and the two appeared to fight.
Online chatters were abuzz on Tuesday with their opinions about the
alleged incident.
"I often feel like doing just what the courier did by throwing back the
garbage into the car," said one person's posting. "Even as a
pedestrian. But to get coffee dumped on? That's clearly assault."
The apparent scuffle was photographed by Adam Krawesky, who posted the
photos on a photoblog. They were later reprinted on the front page of a
Toronto newspaper.
It's believed the car was driving down one of Kensington's narrow
streets, which have a speed limit of about 40 kilometres an hour, when
he tossed out the bag. The bike courier scooped up the trash, opened
the man's car door and threw the bag at him.
The man reportedly threw two cups of coffee at the woman and tried to
stomp on her bike as the two scuffled in the street. The vehicle was
also scratched in the melee, but it's not clear whether that was a
deliberate act.
Several people on the street pulled the two apart. No charges were laid.
The photos filtered through the internet, with links to citynoise.org
on some foreign-language websites, spurring spirited online discussions
about cyclist and driver rights, littering, violence and whether
Krawesky should have stepped in instead of taking the photos.
Krawesky said taking the photos was simply reflex. People in the street
jumped in to break up the fight within seconds, he said.
"The first burst of photos is about three seconds between me starting
to shoot and people jumping in," Krawesky told CBC News Online. "I
apologized to her for not stepping in right away. She said she
understood."
Krawesky, who also goes by the name 'hool,' said Leah is doing well.
"She is OK. Obviously she's a little bit surprised, a little
uncomfortable with all the publicity," he said.
While most postings support the cyclist's attempts to voice her opinion
against littering, others say opening the man's car door and tossing
the trash inside the vehicle goes too far.
"The courier should NOT have thrown it back in, but instead just yelled
at him to draw attention to him and make him look like an ass," one
posting said. "Instead, she (allegedly) threw it back in, which is just
asking for trouble. She is not the police, and it's not her job to be
judge and jury of a crime."
Toronto police Const. Kristine Bacharach admits it would be tough to
press littering charges – which draw a $305 fine in Toronto.
"You almost need the police officer to witness it," said Bacharach.
Opening a car door, as it appeared the bike courier did, could be
considered mischief, and she could have been open to a possible assault
charge for throwing the garbage. Deliberately keying a vehicle can
result in a charge of mischief or property damage.
A driver has the right to defend himself, but must use common sense,
said Bacharach. If the driver stepped out of the car and attacked the
cyclist, that could be seen as crossing the line and could lead to
charges, she added.
The photos could be used to prove a charge, but their authenticity
would have to be verified.
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