The Case Against Jaywalking Laws, Part 2

by Michael Lewyn

Some months ago, I wrote that laws against so-called “jaywalking” (that is, crossing in places other than crosswalks or where traffic lights encourage pedestrians to cross) fail to promote safety, because traffic lights are inadequate guides to safety. When crossing midblock, a pedestrian need only watch out for traffic coming in one direction—right toward her. By contrast, when crossing at a light, a pedestrian may be in less danger from cars coming straight at him, but may be attacked by cars making left and right turns. Moreover, it is not at all clear that jaywalking is a major cause of pedestrian fatalities; although most crashes do occur outside intersections, these crashes often occur in places where there is no easily available crosswalk. According to traffic writer Tom Vanderbilt, “While jaywalking is often cited as a cause of pedestrian accidents, less than 20 percent of fatalities occurred where a pedestrian was crossing outside an easily available crosswalk.” And even where a pedestrian is jaywalking, a crash may be caused primarily by driver misconduct.

However, my article did not fully address the social harms caused by these laws. I did mention that to the extent these laws discourage walking, they increase traffic danger, because more cars mean more potential crashes.

But even if this were not the case, the social benefits of jaywalking laws might be outweighed from their costs. In particular, jaywalking laws are harmful from a public health perspective, a social equity perspective, and a libertarian perspective.

The public health costs from increased driving have been amply discussed in smart growth literature. But just to summarize the key issue, when we drive instead of walk, we create two major types of public health risks. First, we harm ourselves. Less walking means less exercise, which means an elevated risk of many diseases; for example, the risk of type 2 diabetes is 31 percent lower for participants who engaged in regular moderate-intensity physical activity such as walking. Second, people who drive more and walk less endanger the rest of society. Even leaving aside the risks of climate change, particulate matter and other pollutants emitted from motor vehicles create significant costs. For example, one study found that particulate matter emitted from motor vehicles creates $211.6 million of health care costs in Auckland, New Zealand, alone. So, to the extent jaywalking laws reduce walking, they create increased risks of harm for both their intended beneficiaries and for society as a whole. Continue reading

Private Investment in the Public Realm

libbie_mill_lake
by James A. Bacon

The American suburbs built since World War II have many deficiencies, not the least of which are expensive, fiscally unsustainable infrastructure and a proclivity toward traffic congestion. But the greatest drawback of all gets the least attention: the poverty of the public realm. Outside of shopping malls, there really is no public realm in the post-World War II suburbs. Streets are not designed for walking. There are no plazas. Parks are accessibly mainly by automobile. The only gathering places are found indoors — libraries, churches, fitness clubs and the like.

But tastes are changing, and a new generation of real estate developers understands that creating quality public spaces — particularly streets, sidewalks and parks — allows them to charge premium prices for their buildings. The key insight they have grasped is that humans are social creatures. Yes, people like their privacy of their homes, but they also enjoy being around other people. They like to walk. They like to watch other people. They like gathering in groups. Continue reading

The Invisible Parking Garage

Draft rendering of planned apartment building at Libbie Mill-Midtown shows how garage rooftop will be used as communal space.

Draft rendering of a planned apartment building at Libbie Mill-Midtown shows how garage rooftop will be used as communal space. Illustration credit: Gumenick Properties.

by James A. Bacon

It is axiomatic among New Urbanists and like-minded brethren in the Smart Growth movement that parking garages create dead space in the urban fabric that discourages walkability and depresses neighboring property values. Some architects try to dress up the structures by giving them facades that imitate the look of regular buildings, draping them with plantings or otherwise making them visually interesting. Another strategy is to hide garages underground or relegate them to the middle of the block.

There is nothing new under the sun, as the old saying goes, so the Gumenick Properties design for a planned apartment building in its Libbie Mill-Midtown project may not be the first of its kind. But I feel safe in saying that it is unique to the Richmond real estate market — and it’s a solution that, economics permitting, should be employed more frequently.

Libbie Mill-Midtown is an 80-acre mixed-use development in Henrico County roughly midway between downtown Richmond and the Innsbrook Corporate Center. The company is billing the $434 million community as “ten minutes from everything.” When complete in ten years or so, depending upon market conditions, the project is expected to have 994 for-sale homes, 1,096 apartments, 160,000 square feet of retail space, a public library and office space. Marketing the project to people who want to rely upon the automobile less, Gumenick is placing tremendous emphasis on walkability. Continue reading

Libertarian-Friendly Drought Control

by Michael Lewyn

In response to California’s drought, Gov. Jerry Brown recently issued an executive order proposing a wide variety of water restrictions. For example, paragraph 3 of the order provides that the state Department of Water Resources shall “lead a statewide initiative… to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes.” In particular, the state will fund “lawn replacement programs in underserved communities.” It is not clear from the order whether the state plans to mandate replacement of every square inch of lawn in California, or merely to fund local governments who wish to do so.

This initiative certainly seems to have reasonable goals. In fact, one-third of all residential water use involves landscape irrigation of some sort, and it seems to me that lawn-watering is a wasteful use of water compared to agriculture or bathing or drinking. But cities and states can reduce lawn-watering through means less expensive and coercive than policing individual consumption or even spending taxpayer money on lawn reform.

Some local zoning codes require homeowners to have lawns or even to water them. A drought-sensitive local government would of course eliminate such restrictions—but since not every local government is equally enlightened, California could both reduce water use and expand homeowners’ rights by amending its zoning enabling legislation to prohibit local governments from enacting such restrictions. Statewide legislation would eliminate the primary excuse for lawn-watering regulations: that green lawns maintain property values. If state laws make green lawns scarce, homeowners are less likely to view green lawns as necessary for neighborhood desirability. Continue reading

Can Short Pump Be Salvaged?

Short Pump. Photo credit: Henrico Monthly

Short Pump. Photo credit: Henrico Monthly

by James A. Bacon

The Short Pump area of Henrico County, the largest retail concentration in Central Virginia, is a fascinating test case for the proposition that it’s possible for state and local governments to build their way out of traffic gridlock. My verdict: Henrico has managed to beat the odds so far, but future prospects look bleak.

I focused on the transportation challenges of Short Pump in a cover story published this month in Henrico Monthly. A rural crossroads thirty years ago, Short Pump in Western Henrico County has exploded with development. Ranked by traffic counts, the stretch of West Broad between Interstate 64 and Pouncey Tract is the second busiest non-Interstate road in the entire Richmond region. Given the profusion of stop lights, it may be the most congested. With the Short Pump Town Center and other top-of-the-line retail, Short Pump is a location that Richmonders love to hate. In the immortal words of Yogi Berra, “Nobody goes there anymore. It’s too crowded.”

Henrico County planners and elected officials are acutely aware of the horrendous traffic conditions, and they have responded as suburban governments always have — by laying more asphalt. More than $150 million in state and local dollars have or will be spent between 2011 and 2017 to improve mobility in and around the area. For a while at least, the road projects seemed to be doing the job. After peaking at 69,000 vehicles per day in 2006, traffic counts along West Broad declined to 50,000 vpd by 2012. How much was due to the 2007 recession and how much due to Henrico’s road construction program isn’t clear. But there are indications the decline was only temporary. In 2013, the most recent year for which figures are available, the county spiked back up to 69,000. Continue reading

Measuring the Impact of Complete Streets

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“Complete Street” projects that make streets more hospitable to pedestrians, bicycles and mass transit have a multitude of benefits, concludes Smart Growth America in a new report, “Safer Streets, Stronger Economies.” In a study of 37 projects, the authors found that complete streets tend to result in higher property values, fewer traffic accidents and injuries and more walking, biking and transit usage.

Previous studies of complete streets tended to focus on the health benefits associated with encouraging people to walk and bike more. People who live in walkable neighborhoods get 35 to 45 more minutes of moderate physical exercise each week, reducing their incidents of obesity. Youths who walk or bike to school tend to focus more and perform better in classrooms. The Smart Growth America report focused more on the economics of Complete Streets. Among the findings:

  • Fewer collisions. About 70% of projects studied experienced a reduction in collisions, and more than half a reduction in injuries. That translated into $18.1 million in lower collision costs in a single year for the 37 cases studied. “If a Complete Streets approach was used strategically … the savings over time could run into the hundreds of millions or billions of dollars.”
  • More walking, less driving. Among projects that tracked pedestrian and biking activity, 12 of 13 projects showed an increase in walking and 22 04 23 showed an increase in cycling. Among those that tracked driving, 19 of 33 projects had fewer cars than before, 13 had more, and one did not change.
  • Positive impact on local economy. Although results were mixed, the redesigned streets tended to report an increase in the number of businesses and the number of people employed. Of the ten projects that reported before-and-after data for property values, eight reported an increase in property values while two reported no change. In two-thirds of the studies for which comparable data was available, property values outpaced that of the city as a whole. In one project, Dubuque, Iowa, property values increased 111%.
  • Lower construction costs. The construction cost of upgrading streets to “Complete Streets” costs less per mile than average arterial cost per lane mile.

Continue reading

The Self-Inflicted Infrastructure “Crisis”

Gravel roads look a whole lot better if you're paying for them yourself.

Gravel roads look a whole lot better if you’re paying for them yourself.

by James A. Bacon

We continually hear about an “infrastructure crisis” in the United States, a malady from which Virginia has not been spared. Talk of pot-holed streets, tottering bridges and crumbling highways invariably moves to talk about the need to spend more on infrastructure, which morphs into raising taxes — never by talk about paring back infrastructure that has outlived its economic usefulness.

However, there is a growing body of commentary suggesting that the problem may not be too little infrastructure but too much — too much of the wrong kind of infrastructure in the wrong place. The drum-bangers for more infrastructure spending ignore a fundamental reality: The more infrastructure you build, the more you have to maintain. The more maintain, the more you spend on maintenance. The more you spend on maintenance, the less there is to spend on new stuff.

Writing in New Geography, John Sanphillippo focuses on the disproportionate resources devoted to paving and maintaining subdivision roads in New Jersey. Based on his description, New Jersey should rename itself from “the Garden State” to “the Asphalt State.” The New Jersey Highway Trust Fund is near bankrupt, he writes. Unless the gas tax is raised, all revenue will go exclusively to debt service. And we thought we had problems in Virginia! Continue reading