Lack of Enforcement Calls for Ordinance 21-07 to Ban the Renting of Escooters

(Pictured: Business Owner of Surfs Up, Gabriel Vanounou)

 

What happened:

After the spring break holiday, many residents complained to council members about near accidents with people on escooters.  That led the City Council to re-examine the ordinance allowing escooters on the Island.

 

The approval on the second and final reading of Ordinance 21-07 amending Chapter 18, Section 18-31 through Section 18-36 of the Code of Ordinances to provide for the prohibition, definitions, and regulations regarding dockless scooters, escooters, motorized-assisted scooters, and similar type of equipment passed in the last City Council meeting.

 

Why it matters:

Former Councilwoman, Alita Bagley, asked if the reading of the ordinance was in the 280-page agenda packet.  No draft of the ordinance was available for the public.

 

After many residents and Councilman Schwartz admitting to almost hitting riders on scooters, although many favored banning escooters, many were not in favor of the ban.  However, it was made clear that property owners who owned their own will be unaffected.

 

During the April 7 meeting, Mayor Patrick McNulty asked for conversation to be more friendly.  Tensions between Councilman Joe Ricco and business owner of Surf’s Up, Gabriel Vanounou, rose as Councilman Ricco responded, “It’s very hard to be friendly when they’re questioning your public servants, Mayor.”

 

Vanounou announced that he would be seeking damages.  “You told (Glide) on record, ‘If you would have been at a business storefront from a commercial store, then it would be allowed under the ordinance’ I saw it as an opportunity,” said Vanounou.

 

Vanounou also called out the council several times on pre-making decisions before council meetings and pushing city staff and city attorney to find loopholes.  “Council pushing staff and city attorney to remove scooters during spring break in front of my business shops, by using an ordinance that I was a part of creating.”

 

“That ordinance was designed to displace merchants outside (involves outdoor display facilities for merchandise upon any property within the City of South Padre Island).  It had nothing to do with displacing scooters or bicycles alike, and I was threatened by city staff if I displayed them outside of my shops, we would be fined $2,000 a day,” stated Vanounou.

 

Calling out a pattern with the current city council, Vanounou revealed potential bias in the actions of the current city council.  He says he was targeted for an IRS audit after speaking up for himself in a meeting in the past about golf carts.  “It seems like we have some sort of a trend now with this new council to fine business owners, to fine developers, and go after them in every way—shame on you guys!”

 

“Your job as council is not to spend money that doesn’t belong to you and to turn it around and use it against us.  We lost money those few days, and for the city as well.  Your decision on matters affect the town of SPI, and you’ve been running it like it’s your own business,” said Vanounou.

CEO of Glide, Jonathon Lopez virtually attended the City Council meeting on April 7, 2021. Lopez criticized the city’s tactics of not consulting with the company to request a change in the app requiring return of the scooter from point of sale was made immediately according to Lopez.

 

“Rather than bringing that up (to Glide), they tried to hold onto that information.  Not ask us, not ask the business about it, and then dramatically unveil it during a city council meeting by a council member asking pre-rehearsed questions, obviously, to the police chief.”

 

Lopez went on to explain, “Let’s be clear on what this is about.  South Padre Island’s current laws and ordinances allow for the business that we operate.  It allows for businesses to rent electric scooters from their properties,” as he referenced section 18.3-1 18.5-5.

 

After Lopez says he complied completely with the current laws, and contrary to what the council members have stated, “Violations of riders not wearing helmets, or riding illegally, are the responsibility of the riders, and would be the responsibility of the city to enforce those ordinances if a rider breaks the ordinance.  It is the same as laws of driving under the influence alcohol or speeding etc., just like it’s not up to the Ford Motor Company to enforce drunk driving on the Island.”

 

After Councilmen Ricco had Police chief Claudine O’Carroll read aloud several incidents of riders falling or not following the ordinance, Lopez mentioned that all the provisions set cannot be said about bikes.  “Our scooter’s speed is limited to a preset number, we provide helmets on every scooter, and technology prevents them from being taken outside of a border we can control.  None of this can be said for bicycles, which can travel faster, have less LED lights, and are more difficult to maneuver than our scooters.  There have been no presentations to council members about the dangers of riding bicycles, or how many fell, hurt their wrist, or cut their hand riding bicycles in the last month.”  Ultimately Vanounou stated there have been zero police incidents filed.

 

Lopez further stated he never planned to come back to SPI after the way some City Council members behaved, “The last time I appeared before council, some of the actions taken by some of your council members were embarrassing, to say the least.  We left that meeting with every intent to never return to the Island until Gabby (Gabriel Vanounou) reached out to us, showed us the current orders and law, and invited us to return to rent scooters in partnership with him legally, according to South Padre Island law.”

What now:

A response from Lopez implied another suit against the city. “It’s not right,” said Lopez.  After being compliant with all of the permitting process, “Large sums of money were invested in starting this business on the Island.  Those investments were made because we knew we would be fully in compliance with the current law, and now the city changing the law like this will lead to major damages and major losses to our business.  I really urge the other members of council to consider the potential ramifications of setting a precedent like this against businesses on the Island,” said Lopez.

 

Vanounou’s last statement to council at the last meeting of ordinance reading 21-07 amending Chapter 18, Section 18-31 through Section 18-36 on scooters, was his final plea to fix the process the city puts businesses through, “It’s not right, and the process needs to change too.”

 

As of April 26, 2021 escooters are no longer on SPI.

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