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Cyclist-driver clash photos spark online debate


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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