Got a late return from someone unable to do this ride up and down the Chiltern Hills so went for it. A beautiful day and great scenery but what a difference a week can make. Today I was suffering and struggling. A few more hills, a few more degrees and rougher roads. Got a silver but was even happier to finish. Somehow I was so much more comfortable on the bike for the Fred Whitton and the Tour of Wessex.
Postscipt: just opened my goody bag and was interested to find bottles of ecological chainlube and degreaser. I will definitely give these a go.
ENDA Back Into the Congressional Mix Soon
Jillian Weiss' post at Trangender Workplace Diversity, Federal Bill on Employment Non-Discrimination Moving Forward has a link to the Washington Blade's interview with Congressman Barney Frank, the sponsor of ENDA who indicates he will be introducing it into this Congress soon.
According to the article, he intends on going with the full version of the Act which would extend Title VII protection not only for sexual orientation but for gender identity. It was the latter provision which caused a breakdown in negotiations between its proponents and the business community in the last Congress, and perhaps more importantly, set off a divide int the LGBT community itself.
Although it seems the general feeling is that most workplace legislation will await a resolution EFCA, given that a compromise was almost reached on this legislation in the last Congress, it could be one that moves on a slightly different and faster track.
Some reasons:
Ironically, although it is much less understood, it is individuals who can make a claim of gender identity discrimination who have fared much better under at least some circuit's view of Title VII than those with a sexual orientation claim. See 9th Circuit Joins 6th on Transgender Cases and Transgendered Workers in the Mainstream Press.
According to the article, he intends on going with the full version of the Act which would extend Title VII protection not only for sexual orientation but for gender identity. It was the latter provision which caused a breakdown in negotiations between its proponents and the business community in the last Congress, and perhaps more importantly, set off a divide int the LGBT community itself.
Although it seems the general feeling is that most workplace legislation will await a resolution EFCA, given that a compromise was almost reached on this legislation in the last Congress, it could be one that moves on a slightly different and faster track.
Some reasons:
- many states already have extended such protection, more on sexual orientation, but a substantial number on gender identity as well,
- many large employers have extended their own internal protections, and combined with the state statutes means it is not as big a cause for that group;
- the constituencies behind EFCA and ENDA are not necessarily the same, although there is considerable overlap; and
- my sense that same sex marriage, not workplace rights, now seems to be the focal point for those for whom sexual orientation is a political issue.
Ironically, although it is much less understood, it is individuals who can make a claim of gender identity discrimination who have fared much better under at least some circuit's view of Title VII than those with a sexual orientation claim. See 9th Circuit Joins 6th on Transgender Cases and Transgendered Workers in the Mainstream Press.
DfT Consultation on safe roads
The Department for Transport is consulting on 'making Britian's roads the safest in the world'. Comments have to be made by 14th July, see http://www.dft.gov.uk/consultations/open/roadsafetyconsultation/
My contribution was as follows:
"Good as far as it goes but it lacks any proposal to educate motorists to give adequate room to cyclists. This requires them to understand that overtaking a cyclist is a manoeuvre that needs to be executed like overtaking any other vehicle and will usually necessitate changing lane. Close passing of cyclists and aggression towards cyclists who take appropriate space on the roads are major deterrents for cycling. The more cycling there is the more likely targets based on injuries per distance travelled will be reached."
Now is the opportunity for us cyclists to make ourselves heard. Cycling in this country is reasonably safe in statistical terms, but far too many tragic and unnecessary deaths are occurring. A significant barrier to popular cycling will be overcome when it can be demonstrated to be no more hazardous than driving a car.
My contribution was as follows:
"Good as far as it goes but it lacks any proposal to educate motorists to give adequate room to cyclists. This requires them to understand that overtaking a cyclist is a manoeuvre that needs to be executed like overtaking any other vehicle and will usually necessitate changing lane. Close passing of cyclists and aggression towards cyclists who take appropriate space on the roads are major deterrents for cycling. The more cycling there is the more likely targets based on injuries per distance travelled will be reached."
Now is the opportunity for us cyclists to make ourselves heard. Cycling in this country is reasonably safe in statistical terms, but far too many tragic and unnecessary deaths are occurring. A significant barrier to popular cycling will be overcome when it can be demonstrated to be no more hazardous than driving a car.
Texas Legislature Takes Care of an Irritant in Texas Arbitration Law
When the law of arbitration in Texas was relatively unsettled, it was common for state district judges to deny motions to compel. To ensure that you were protected on appeal, an employer had to both file an interlocutory appeal AND file a mandamus action under the Federal Arbitration Act.
The reason, if the Texas Arbitration Act were applicable then the proper route to the appellate court was appeal; however, there was no comparable provision for the appeal of an action governed by the Federal Arbitration Act, mandamus was the only route. Since it was often unclear which act would control, the safe course was to appeal and file mandamus.
A few applicants were felled by this oddity, but for the most part, the parties and courts just put up with duplicative filings which caused more work and expense.
With yesterday's passage of SB 1650 by both houses of the Texas legislature, that irritant has been removed. If arbitration is denied a party will be entitled to an interlocutory appeal even if the FAA controls. The bill still has to be signed by the Governor but I can't imagine that there is any reason it will not be signed. The effective date is September 1, 2009.
Although it is certainly a nice fix, now that the law on enforcement of arbitration actions is fairly well settled -- bottom line, the motion to compel should be granted in all but the most unusual circumstances -- it may get very little use.
Still if for no reason other than it just didn't make sense, it is nice to see it cleaned up.
The reason, if the Texas Arbitration Act were applicable then the proper route to the appellate court was appeal; however, there was no comparable provision for the appeal of an action governed by the Federal Arbitration Act, mandamus was the only route. Since it was often unclear which act would control, the safe course was to appeal and file mandamus.
A few applicants were felled by this oddity, but for the most part, the parties and courts just put up with duplicative filings which caused more work and expense.
With yesterday's passage of SB 1650 by both houses of the Texas legislature, that irritant has been removed. If arbitration is denied a party will be entitled to an interlocutory appeal even if the FAA controls. The bill still has to be signed by the Governor but I can't imagine that there is any reason it will not be signed. The effective date is September 1, 2009.
Although it is certainly a nice fix, now that the law on enforcement of arbitration actions is fairly well settled -- bottom line, the motion to compel should be granted in all but the most unusual circumstances -- it may get very little use.
Still if for no reason other than it just didn't make sense, it is nice to see it cleaned up.
A30 Crooked Billet to Clockhouse Roundabouts
This road forms the worst part of my commute. It is dual carriageway, 40mph limit, relatively light of traffic and theoretically good for cycling since there is plenty of roadspace to share. However I have had too many close encounters with drivers who just do not want to give the necessary room. I have raised my concerns with both the Highway Agency's agent, Mouchel, and Transport for London. I have now had sensible responses from both. However their focus for future improvement (should funds ever be available) is a cycle track. I would rather see speed limit enforcement, advance stop lines at the lights, traffic calming and education to motorists to give cyclists room and share the road with courtesy. I worry about the mentality of encouraging cyclists off the road and out of the way.
Maidenhead 10 mile TT 28th May 2009
Headed out to Maidenhead for my second ever time trial. This one organised efficiently by MDCC on the A4 towards Reading and back. I was one of the last starters so by that time in the evening the road was mercifully quiet and I had no adverse encounters with motor traffic. I came in at 27:07 which is not impressive, but an improvement on my first TT in early April (28:19).
Tour of Wessex 24th May 2009
A glorious sunny windless day. This year I opted for the second day of this three day cyclosportive. We were released in groups of about 50 onto the road and I managed to get into the first 3 or 4 groups leaving Somerton at 0830. Initially feeling good even on the climbs, south through Sherborne and the gorgeous scenery of Lyon's Hill. I was leading the group around here though, looking back at my Garmin statistics, that may not have been wise as I was charting previously unknown (even on the Fred) heart rates. I was in a big group which slimmed down a bit at the first feed at Cerne Abbas where I and around 20 others went straight on.
We headed for the coast via the army firing ranges around Lulworth. I struggled with a few others to keep in contact with the group up to the clifftop. The bunch stopped at this feed, so I did, but I was too slow and by the time I had refuelled etc., I could see the group heading off into the distance and gave chase. For a long time they remained ¼ mile ahead but then they slowly vanished into the distance as we skirted Wareham. After a few lonely minutes, Mr White Assos kit came by towing three others and I suggested a through and off to catch the group. This eventually worked and we were all back together by Winfrith Heath, though the price of the chase was that I was now knackered. I first cracked on the hill out of Milton Abbas at mile 70. I managed the first steep part of the hill but had not appreciated how long it carried on after the left turn. I was one of four dropped on the hill and it was several miles before I could do any share of the work.
We four regained the group by the simple expedient of not stopping at the third feed. I hung on the back for a few miles. However I have not been doing enough long rides and was tired. As the road pitched up again at around mile 80, the one rider behind me overtook and I was dropped again but this time alone. For the next hour I was entirely alone save for a hail of acknowledgment when I passed two riders who had punctured. The last of these regained and passed me indicating that he wished to ride alone.
It was not until mile 98 that the next group finally came by. They were slower paced than my earlier group and were about right for me until in the last couple of miles they upped the pace for the dash to the line. I couldn’t go faster so was dropped for the third time. I pedalled gently to and then through Somerton, for the first time on this otherwise perfectly signed course, not quite sure where I should be going. Oddly the finish was not well signed and I had to ask twice to find it. Anyway I crossed the line at 05:45 for the 112 miles, managing my first Gold at my fourth Tour of Wessex attempt.
This is one of only a handful of UK cyclosportives that comes with my wholehearted recommendation.
We headed for the coast via the army firing ranges around Lulworth. I struggled with a few others to keep in contact with the group up to the clifftop. The bunch stopped at this feed, so I did, but I was too slow and by the time I had refuelled etc., I could see the group heading off into the distance and gave chase. For a long time they remained ¼ mile ahead but then they slowly vanished into the distance as we skirted Wareham. After a few lonely minutes, Mr White Assos kit came by towing three others and I suggested a through and off to catch the group. This eventually worked and we were all back together by Winfrith Heath, though the price of the chase was that I was now knackered. I first cracked on the hill out of Milton Abbas at mile 70. I managed the first steep part of the hill but had not appreciated how long it carried on after the left turn. I was one of four dropped on the hill and it was several miles before I could do any share of the work.
We four regained the group by the simple expedient of not stopping at the third feed. I hung on the back for a few miles. However I have not been doing enough long rides and was tired. As the road pitched up again at around mile 80, the one rider behind me overtook and I was dropped again but this time alone. For the next hour I was entirely alone save for a hail of acknowledgment when I passed two riders who had punctured. The last of these regained and passed me indicating that he wished to ride alone.
It was not until mile 98 that the next group finally came by. They were slower paced than my earlier group and were about right for me until in the last couple of miles they upped the pace for the dash to the line. I couldn’t go faster so was dropped for the third time. I pedalled gently to and then through Somerton, for the first time on this otherwise perfectly signed course, not quite sure where I should be going. Oddly the finish was not well signed and I had to ask twice to find it. Anyway I crossed the line at 05:45 for the 112 miles, managing my first Gold at my fourth Tour of Wessex attempt.
This is one of only a handful of UK cyclosportives that comes with my wholehearted recommendation.
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