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	<title>Tucson Bike Lawyer &#187; fatality</title>
	<atom:link href="http://www.tucsonbikelawyer.com/category/fatality/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.tucsonbikelawyer.com</link>
	<description>Because Every Bicyclist Needs a Good Lawyer.</description>
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		<title>Fifteen tickets later, 22 year-old driver finally kills a bicyclist</title>
		<link>http://www.tucsonbikelawyer.com/fifteen-tickets-later-22-year-old-driver-finally-kills-a-bicyclist/</link>
		<comments>http://www.tucsonbikelawyer.com/fifteen-tickets-later-22-year-old-driver-finally-kills-a-bicyclist/#comments</comments>
		<pubDate>Fri, 08 Apr 2011 23:36:12 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[Preapocalyptic technological dystopia]]></category>
		<category><![CDATA[fatality]]></category>
		<category><![CDATA[getting off easy again]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1812</guid>
		<description><![CDATA[
Amine Britel, above, was killed while cycling in Newport Beach, CA on February 21.
What should it take to lose your driver&#8217;s license?  From the Orange County Weekly: 

Danae Marie Miller, 22, of Newport Beach, is accused of killing bicyclist Amine Britel on San Joaquin Hills Road with her car. Miller was allegedly drunk; since [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.tucsonbikelawyer.com/wp-content/uploads/2011/04/aminebritel.jpg"><img src="http://www.tucsonbikelawyer.com/wp-content/uploads/2011/04/aminebritel.jpg" alt="" title="aminebritel" width="191" height="255" class="aligncenter size-full wp-image-1813" /></a><br />
Amine Britel, above, was killed while cycling in Newport Beach, CA on February 21.</p>
<p>What should it take to lose your driver&#8217;s license?  From the <a href="http://blogs.ocweekly.com/navelgazing/2011/03/orange_county_interwebs_horror_16.php" target="_blank">Orange County Weekly</a>: </p>
<blockquote><p>
Danae Marie Miller, 22, of Newport Beach, is accused of killing bicyclist Amine Britel on San Joaquin Hills Road with her car. Miller was allegedly drunk; since 2005, when she was 17, she has racked up 15 to 17 traffic tickets for various infractions. Her driver&#8217;s license was not suspended because she clears her record at traffic school.</p></blockquote>
<p>Mr. Britel&#8217;s memorial site is <a href="http://memorialwebsites.legacy.com/Amine-britel/homepage.aspx" target="_blank">here</a>.  Although dated, more information about his considerable athletic achievements can be found <a href="http://www.wafin.com/mom/5/Amine-Britel" target="_blank">here</a>.</p>
<p>&#8211;Erik Ryberg</p>
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		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>Tucson pedestrian killed in marked crosswalk; driver faces citation</title>
		<link>http://www.tucsonbikelawyer.com/tucson-pedestrian-killed-in-marked-crosswalk-driver-faces-citation/</link>
		<comments>http://www.tucsonbikelawyer.com/tucson-pedestrian-killed-in-marked-crosswalk-driver-faces-citation/#comments</comments>
		<pubDate>Wed, 06 Apr 2011 23:17:20 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[Preapocalyptic technological dystopia]]></category>
		<category><![CDATA[fatality]]></category>
		<category><![CDATA[getting off easy again]]></category>
		<category><![CDATA[theory]]></category>
		<category><![CDATA[vexation of the spirit]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1802</guid>
		<description><![CDATA[This was on the AZ Daily Star Website today:
Pedestrian struck in crosswalk dies
A 79-year-old man who was struck by a vehicle on the west side last week died Sunday.
The vehicle hit Jose Jesus Garcia in a marked crosswalk near the intersection of West St. Mary&#8217;s Road and North Cherokee Avenue around 4 p.m. Wednesday, said [...]]]></description>
			<content:encoded><![CDATA[<p>This was on the <a href="http://azstarnet.com/news/local/crime/article_d44e3255-c3ed-5a86-9200-386bbe764751.html" target="_blank">AZ Daily Star Website today</a>:</p>
<blockquote><p>Pedestrian struck in crosswalk dies</p>
<p>A 79-year-old man who was struck by a vehicle on the west side last week died Sunday.</p>
<p>The vehicle hit Jose Jesus Garcia in a marked crosswalk near the intersection of West St. Mary&#8217;s Road and North Cherokee Avenue around 4 p.m. Wednesday, said Sgt. Diana Lopez, a spokeswoman for the Tucson Police Department.</p>
<p>The driver, whose name hasn&#8217;t been released, is facing a citation.</p>
<p>Marisa Gerber</p></blockquote>
<p>I was talking to my friend Collin the other day.  He has invented some clever computer robots that compile crash data  in Tucson and he runs various analyses on the data.  He has enough information now to learn some interesting things about when most crashes occur and (possibly) why.  For example, his database showed that cyclists are less likely to be hit on Mondays.  He found that to be puzzling until he realized that some Mondays are holidays, which probably accounts for the dip.</p>
<p>Anyway, during the conversation he said, &#8220;After looking at this crash data all I can say is I am glad I&#8217;m not a pedestrian.  Those guys have it way worse than us cyclists do.&#8221;</p>
<p>My condolences to Mr. Garcia&#8217;s family.  I hope one day this city is safer for all of us who, like Mr. Garcia, choose alternative means to get to the places we want to go.</p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
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		<slash:comments>3</slash:comments>
		</item>
		<item>
		<title>Glenda Rumsey civil verdict overturned</title>
		<link>http://www.tucsonbikelawyer.com/glenda-rumsey-civil-verdict-overturned/</link>
		<comments>http://www.tucsonbikelawyer.com/glenda-rumsey-civil-verdict-overturned/#comments</comments>
		<pubDate>Thu, 17 Mar 2011 23:02:09 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[fatality]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1779</guid>
		<description><![CDATA[The Arizona Court of Appeals has overturned the enormous civil verdict obtained by the Rincon family against Glenda Rumsey, Chuy&#8217;s, and the City of Tucson.
The Court found that some testimony by young Jose Rincon&#8217;s family members was inappropriate, because they testified as to the fault of the defendants &#8212; a matter they could not know.
The [...]]]></description>
			<content:encoded><![CDATA[<p>The Arizona Court of Appeals has overturned the enormous civil verdict obtained by the Rincon family against Glenda Rumsey, Chuy&#8217;s, and the City of Tucson.</p>
<p>The Court found that some testimony by young Jose Rincon&#8217;s family members was inappropriate, because they testified as to the fault of the defendants &#8212; a matter they could not know.</p>
<p>The Arizona Daily Star has a fairly good article on the matter <a href="http://azstarnet.com/news/local/crime/article_7776a89f-f4df-5765-a9e4-2da53f398249.html" target="_blank">here</a>.</p>
<p>The Court of Appeals ordered a new trial, although most likely what will happen now is a period of fierce negotiations between the parties to save everyone the cost and expense of a new trial.</p>
<p>Jose Rincon told the Star that his family has &#8220;done our best to honor [young Jose's] loss in the best way we can through the course of the legal proceedings, with grace and dignity, but we just wonder if it will ever end,&#8221; he said.</p>
<p>I don&#8217;t blame him for feeling that way.  It&#8217;s been a long, long ordeal that the family no doubt wants to put behind them, so they can finally grieve and remember young Jose in the traditional fashion &#8212; out of sight of newspapers, the public, and bloggers like me.  I hope the case does not go back to trial and that a settlement is quickly achieved that satisfies the family.</p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
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		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>Check out the Doug Flynn fatality info at azbikelaw.org</title>
		<link>http://www.tucsonbikelawyer.com/check-out-the-doug-flynn-fatality-info-at-azbikelaw-org/</link>
		<comments>http://www.tucsonbikelawyer.com/check-out-the-doug-flynn-fatality-info-at-azbikelaw-org/#comments</comments>
		<pubDate>Tue, 13 Jul 2010 23:34:18 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[fatality]]></category>
		<category><![CDATA[getting off easy again]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1590</guid>
		<description><![CDATA[Ed over at azbikelaw.org has posted an excellent write-up of the Doug Flynn fatality in Yuma last year.  Mr. Flynn was hit head-on by a driver passing a farm vehicle.  
Ed is judiciously collecting bike fatality data from all over the state.  He&#8217;s doing all cyclists a great service by analyzing and [...]]]></description>
			<content:encoded><![CDATA[<p>Ed over at azbikelaw.org has posted an excellent write-up of the Doug Flynn fatality in Yuma last year.  Mr. Flynn was<a href="http://www.tucsonbikelawyer.com/?s=doug+flynn" target="_blank"> hit head-on by a driver passing a farm vehicle</a>.  </p>
<p>Ed is judiciously collecting bike fatality data from all over the state.  He&#8217;s doing all cyclists a great service by analyzing and publishing his findings.  His Flynn posting is<a href="http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/"> here</a>.  Check it out.</p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
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		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>Did the new trolley tracks claim their first life?</title>
		<link>http://www.tucsonbikelawyer.com/did-the-new-trolley-tracks-claim-their-first-life/</link>
		<comments>http://www.tucsonbikelawyer.com/did-the-new-trolley-tracks-claim-their-first-life/#comments</comments>
		<pubDate>Tue, 06 Jul 2010 18:33:15 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[fatality]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1583</guid>
		<description><![CDATA[It sure looks like it.  Dennis McKinney, 47, was killed just prior to the intersection of Congress and the 4th Avenue tunnel yesterday morning.  He was riding a motorized bicycle.  The police have reported that witnesses saw him lose control of his bike and &#8220;run into another vehicle.&#8221;
Hopefully the official police report [...]]]></description>
			<content:encoded><![CDATA[<p>It sure looks like it.  <a href="http://www.kvoa.com/news/bike-crash-kills-one-person-in-tucson/" target ="_blank">Dennis McKinney, 47, was killed just prior to the intersection of Congress and the 4th Avenue tunnel yesterday morning</a>.  He was riding a motorized bicycle.  The police have reported that <a href="http://www.kvoa.com/news/bike-crash-kills-one-person-in-tucson/" target="_blank">witnesses saw him lose control of his bike and &#8220;run into another vehicle.&#8221;</a></p>
<p>Hopefully the official police report will be available today and I will have more information, but judging from the location of the paint markings on Congress, it seems that Mr. McKinney probably hit the tracks and went down.  A photo indicates his rear wheel was struck.  Did he go down and then get run over?  </p>
<p>This is probably the most dangerous intersection in Tucson for bicyclists, or at least the most dangerous one that is commonly used.  I am curious to know where Mr. McKinney was going and where he was coming from.  Had he just made the turn from Eastbound Broadway, and was he trying to navigate traffic to get across the tracks and proceed through the tunnel?  I do that frequently and even with an abundance of caution and many years of experience riding over tracks, it is still unnerving and dangerous.</p>
<p>It&#8217;s made worse by the confusion experienced by drivers who are trying to figure out what lane they need to be in to go west on Toole, as well as still other drivers who are turning onto Congress from the eastern Toole entrance, who may be needing to merge quickly across two lanes to proceed down Congress.  It&#8217;s a mess.</p>
<p>Hopefully we will know more soon.  </p>
<p>My deep condolences to Mr. McKinney&#8217;s family and friends.</p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
			<wfw:commentRss>http://www.tucsonbikelawyer.com/did-the-new-trolley-tracks-claim-their-first-life/feed/</wfw:commentRss>
		<slash:comments>29</slash:comments>
		</item>
		<item>
		<title>Cyclist killed this morning at 4th Avenue and Congress</title>
		<link>http://www.tucsonbikelawyer.com/cyclist-killed-this-morning-at-4th-avenue-and-congress/</link>
		<comments>http://www.tucsonbikelawyer.com/cyclist-killed-this-morning-at-4th-avenue-and-congress/#comments</comments>
		<pubDate>Mon, 05 Jul 2010 18:53:59 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[Don't read the comments]]></category>
		<category><![CDATA[fatality]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1572</guid>
		<description><![CDATA[From KVOA: 
TUCSON &#8211; An early morning accident leaves a bicyclist dead.
Tucson Police say it happened on 4th Avenue and Congress around 5:00 a.m. when the bicyclist and a vehicle were both headed westbound on Congress.
Witnesses say the bicyclist lost control and swerved into the vehicle.  Tucson police police say preliminary reports show that [...]]]></description>
			<content:encoded><![CDATA[<p>From <a href="http://www.kvoa.com/news/bike-crash-kills-one-person-in-tucson/" target="_blank">KVOA</a>: </p>
<blockquote><p>TUCSON &#8211; An early morning accident leaves a bicyclist dead.</p>
<p>Tucson Police say it happened on 4th Avenue and Congress around 5:00 a.m. when the bicyclist and a vehicle were both headed westbound on Congress.</p>
<p>Witnesses say the bicyclist lost control and swerved into the vehicle.  Tucson police police say preliminary reports show that the cyclist is at fault. </p>
<p>No citation will be issued for the driver.
</p></blockquote>
<p>And from KOLD:</p>
<blockquote><p>Bicyclist killed after crashing into vehicle in downtown Tucson</p>
<p>Brian J. Pedersen Arizona Daily Star | Posted: Monday, July 5, 2010 7:33 am</p>
<p>A bicyclist was killed early Monday when he collided with a vehicle while riding downtown.</p>
<p>The 47-year-old man, whose name has not been released pending next of kin notification, was riding west on Congress Street near Toole Avenue about 5:55 a.m. when he lost control of his bike, hitting a vehicle that was also heading west on Congress, said Sgt. Diana Lopez, a Tucson Police Department spokeswoman.</p>
<p>The cyclist, who was not wearing a helmet, was pronounced dead at the scene, Lopez said.
</p></blockquote>
<p>I am awaiting more information about this, but at the moment it is the usual announcement that the cyclist was at fault.</p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
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		<slash:comments>4</slash:comments>
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		<item>
		<title>Drake Okusaku ghost bike up on one-year anniversary of his death</title>
		<link>http://www.tucsonbikelawyer.com/drake-okusaku-ghost-bike-up-on-one-year-anniversary-of-his-death/</link>
		<comments>http://www.tucsonbikelawyer.com/drake-okusaku-ghost-bike-up-on-one-year-anniversary-of-his-death/#comments</comments>
		<pubDate>Sat, 29 May 2010 19:22:23 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[fatality]]></category>
		<category><![CDATA[ghostbikes]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1537</guid>
		<description><![CDATA[I just got this today from my friend S:
Hi Erik,
Just wondered if you could post info on the ghost bike I just got up for Drake
Okusako.  Here&#8217;s a blip if you want to put it on the blog.  Thanks &#8211; S
Yet another ghost bike is up to remind people to drive safely and [...]]]></description>
			<content:encoded><![CDATA[<p>I just got this today from my friend S:</p>
<blockquote><p>Hi Erik,<br />
Just wondered if you could post info on the ghost bike I just got up for Drake<br />
Okusako.  Here&#8217;s a blip if you want to put it on the blog.  Thanks &#8211; S</p>
<p>Yet another ghost bike is up to remind people to drive safely and watch for bikers<br />
at the site where Randolph boy&#8217;s soccer coach, Drake Okusako was killed by a<br />
reckless driver one year ago today.  Coach Oke collected soccer medals. If you have<br />
any old soccer medals you can donate, please bring them to the site and they will be<br />
glued onto the memorial just south of Broadway on the west side of Alvernon (in<br />
front of the Reffkin Tennis Center). </p></blockquote>
<p>More about Okusako <a href="http://www.tucsonbikelawyer.com/?s=Okusako" target="_blank">here</a>.</p>
]]></content:encoded>
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		<slash:comments>2</slash:comments>
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		<item>
		<title>Jose Rincon $40M award reduced to $12M; City rejected settlement offer of $950,000.00</title>
		<link>http://www.tucsonbikelawyer.com/jose-rincon-40m-award-reduced-to-12m-city-rejected-settlement-offer-of-950000-00/</link>
		<comments>http://www.tucsonbikelawyer.com/jose-rincon-40m-award-reduced-to-12m-city-rejected-settlement-offer-of-950000-00/#comments</comments>
		<pubDate>Fri, 28 May 2010 16:43:57 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[fatality]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1534</guid>
		<description><![CDATA[The AZ Daily Star reports today that the judge in the Jose Rincon wrongful-death lawsuit has reduced the award the Rincon family received from $40 million to $12 million.
But what is really interesting to me is that the Rincon family extended an offer before trial of 950,000 dollars, which the city rejected.  Who made [...]]]></description>
			<content:encoded><![CDATA[<p>The AZ Daily Star<a href="http://azstarnet.com/news/local/govt-and-politics/article_0edf53f3-72d1-5ce1-8ba7-5495166d31d7.html" target="_blank"> reports today</a> that the judge in the Jose Rincon wrongful-death lawsuit has reduced the award the Rincon family received from $40 million to $12 million.</p>
<p>But what is really interesting to me is that the Rincon family extended an offer before trial of 950,000 dollars, which the city rejected.  Who made that decision?  That was a very generous offer, in my opinion, given the facts of this case and the parties.  I think the City was quite arrogant in their view that they could get off for less than that, particularly given they had to also pay their lawyers and employees to defend the case.  </p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
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		<slash:comments>3</slash:comments>
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		<item>
		<title>Four-year sentence for motorist who struck and killed Drake Okusako</title>
		<link>http://www.tucsonbikelawyer.com/four-year-sentence-in-drake-okusako/</link>
		<comments>http://www.tucsonbikelawyer.com/four-year-sentence-in-drake-okusako/#comments</comments>
		<pubDate>Mon, 12 Apr 2010 17:25:38 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[fatality]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1467</guid>
		<description><![CDATA[This regarding Drake Okusako&#8217;s death in today&#8217;s AZ Daily Star:
Tucson man gets 4-year prison sentence in death of soccer coach
Brian J. Pedersen Arizona Daily Star &#124; Posted: Monday, April 12, 2010 9:24 am
A 20-year-old Tucson man was sentenced Monday to four years in prison for a 2009 crash that killed a popular youth soccer coach.
Jesse [...]]]></description>
			<content:encoded><![CDATA[<p>This regarding <a href="http://www.tucsonbikelawyer.com/?s=okusako" target="_blank">Drake Okusako&#8217;s</a> death in<a href="http://azstarnet.com/news/local/crime/article_52394116-4650-11df-9cd1-001cc4c03286.html"> today&#8217;s AZ Daily Star</a>:</p>
<blockquote><p>Tucson man gets 4-year prison sentence in death of soccer coach</p>
<p>Brian J. Pedersen Arizona Daily Star | Posted: Monday, April 12, 2010 9:24 am</p>
<p>A 20-year-old Tucson man was sentenced Monday to four years in prison for a 2009 crash that killed a popular youth soccer coach.</p>
<p>Jesse James Segebartt was driving erratically and weaving in and out of traffic on the morning of May 29 when he veered into the bike lane on South Alvernon Way near East Broadway, striking and killing bicyclist Drake K. Okusako, police said.</p>
<p>Okusako, 55, was wearing a helmet but was pronounced dead at the scene.</p>
<p>Segebartt fled the scene of the crash but was arrested later that day at an apartment near Alvernon and East Grant Road and booked on suspicion of leaving the scene of an accident resulting in death, police said.</p>
<p>Segebartt was indicted in June on manslaughter and leaving the scene charges. On March 1 he entered guilty pleas before Pima County Superior Court Judge Deborah Bernini to the leaving the scene charge and a reduced negligent homicide charge, court records show.</p>
<p>Okusako, known affectionally as “Coach Oak,” had been a volunteer coach with the Randolph Soccer Club.</p></blockquote>
<p>I have not spoken with Drake&#8217;s family in some time but the last exchange I had with his brother indicated that the family was not eager to pursue a maximum sentence against Segebartt.  I believe Drake&#8217;s brother said something to the effect of not wanting to &#8220;ruin a young life&#8221; over the incident.  He expressed hope that Segebartt would have a chance to turn himself around and lead a fruitful life.</p>
<p>I hope so too.</p>
<p>&#8211;Erik Ryberg</p>
]]></content:encoded>
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		<slash:comments>9</slash:comments>
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		<item>
		<title>Danehy on Jose Rincon</title>
		<link>http://www.tucsonbikelawyer.com/danehy-on-jose-rincon/</link>
		<comments>http://www.tucsonbikelawyer.com/danehy-on-jose-rincon/#comments</comments>
		<pubDate>Sat, 27 Feb 2010 00:22:17 +0000</pubDate>
		<dc:creator>Erik</dc:creator>
				<category><![CDATA[Slightly off-topic rant]]></category>
		<category><![CDATA[fatality]]></category>

		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=1403</guid>
		<description><![CDATA[Tom Danehy has an article on the Rincon award.  You be the judge.  
I have a hard time paying much attention to a fellow who believes that art should never be publicly funded and who does everything in his power to keep his children from riding a bicycle on the street.  He [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.tucsonweekly.com/tucson/danehy/Content?oid=1830634" target ="_blank">Tom Danehy has an article on the Rincon award</a>.  You be the judge.  </p>
<p>I have a hard time paying much attention to a fellow who believes that art should never be publicly funded and who does everything in his power to keep his children from riding a bicycle on the street.  He always sounds so cheap and mean to me.  However, this is one of his rare pieces that does not attack vegetarians, which I found to be refreshing.</p>
<p>Erik Ryberg</p>
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