1960: San Jose enacts an ordinance prohibiting pedestrians and bicyclists from using roads and streets upon a name change to “Expressway”, a clear violation of State law. State law only enables (“authorizes”) prohibiting pedestrians and bicyclists from “freeways", a prerequisite of prohibiting that San Jose completely ignores.

1970:
• County Roads posts illegal “Pedestrians Bicycles … Prohibited” signs along Capitol Ave., on the portion renamed “Expressway”, despite the fact that State law only “authorizes” prohibiting from freeways. I saw these new prohibitory signs go up on Capitol Ave. and it caused me great inconvenience because I owned a bicycle, not a car, and they prohibited use of the bike lane (same as shoulder).
• Pedestrians and bicyclists continue using Capitol Avenue/Expressway because there is no alternative route due to hierarchical street patterns. This requires as much as a two-mile detour to comply with the discrimination against them. (See Appendix C in letter to Sup. Otto Lee: ModernTransit.org/2024/repeal.pdf )
• County Roads pretends that no pedestrians use the road, by falsely assuming their signs eliminates their pedestrian “problem", and does nothing for pedestrians' safety. Moreover, their re-design of the roads is poor, and I say that as a licensed professional engineer with a BS engineering degree (now retired). Their large-radius “right-turn-on-red” design — to obtain fast vehicle right-turning — is known to to be a great risk for pedestrians, and this risk is made much worse by shrubbery that County Roads planted to prevent pedestrians from walking on the path at intersections. This path is between the curb and the property line. Preventing use of this path endangers people both walking along the expressway, and crossing the expressway.

1991: The BOS, at my request, requires pedestrian safety features on Capitol Expy. (and other expressways), including removing shrubs at intersections for pedestrian safety. At that time, was were no BPACs and there was no VTA. The BOS handled VTA functions. I was the only person advocating for pedestrian safety. The County Supervisors already knew me from my advocacy for Light Rail Transit, which they approved.

1992 to 1997:
• County Roads refuses to comply with the BOS safety requirements for pedestrians — including removing shrubs at intersections — by claiming "that would encourage pedestrians to violate the City ordinance”.
• County Roads staff claims (including to VTA BPAC in 1996) that they do not understand County Counsel’s legal opinion stating that they are violating State law by posting prohibitory signs on Capitol Expy. This was a lie, because I had already forced County Roads, in 1992, to remove their illegal prohibitory signs on Lawrence Expy., and it was exactly the same law and legal opinion that County Roads was violating.
• Multiple pedestrian were killed by County Roads by their poor roadway design and their refusal to comply with BOS' safety requirements. In 1992, a school boy, who lived on Capitol Avenue/Expressway at a mobile home park with an unsafe intersection redesigned by County Roads, was killed by a right-turn-on-yield vehicle. This death occurred because County Roads refused to comply with Board policy to remove shrubs at the intersection to create a path. After the killing, County Roads constructed a sidewalk (only) in that block as a mea culpa.

Details: The County Roads’ poor design — here and at many other intersections — did not start the bike lane at the intersection, but more than 100 ft. from the intersection. Prior to the bike lane, right-turning drivers looked left or backwards, trying to merge into traffic, without observing the pedestrian in front of the car. County Roads' shrubbery forces pedestrians to walk in front of accelerating motor vehicles, and prevents them for using a (required) path between the curb and the property line, that is required by Board policy of 1991 (and re-iterated in 2003). In fact, this killing occurred between 10 and 20 feet from the intersecting street (of the mobile home park).

Subsequently: For years, County Roads used their killing of this school boy for their anti-pedestrian propaganda. County Roads claimed that this death proves expressways are too dangerous for pedestrians (including transit patrons) and, therefore, pedestrians must be prohibited from all expressways. This propaganda was used to fight against sidewalks for the 2008 County Expressway Plan (draft). Ironically, a sidewalk or path, or merely complying with the BOS’ shrubbery removal requirement at intersections, would have prevented this fatality. County Roads' propaganda was all a lie. However, due to my efforts, County Roads lost the votes in their attempt to eliminate pedestrians and sidewalks from expressways. Sidewalks were approved in the 2008 Expressway Plan. But instead of complying, they apparently now (in 2024) want to change the Plan.

1997: The VTA BPAC (initially named "County BPAC") forced County Roads to comply with State law and remove all “Pedestrians Prohibited” signs on Capitol Expy. Removal of signs forces County Roads to comply with the 1991 BOS policies, but they only partly complied (to date) by creating a path or sidewalk only on one side of the road, rather than both sides, at most locations. County Roads must create paths or sidewalks on both sides of the road to prevent needless double-crossing of the expressway, the most dangerous act for pedestrians. Sidewalks on both sides are explicitly shown on the (BOS approved) Sidewalk Map for Capitol Expy. This is what my letter to Sup. Cindy Chavez is about, but I never received a reply or an acknowledgement of receiving my letter. Here is the letter again: ModernTransit.org/2024/SupChavez.pdf

2003: The BOS approved the 2003 County Expressway Plan that re-iterated that shrubbery must be removed at intersections for pedestrian safety. However, County Roads continued their stonewalling tactics, despite me making spreadsheets every few years, listing the exact locations this must be done to prevent future fatalities. County Roads just accepted my documents, and essentially trashed it into the garbage can without ever replying or acting on it.

2008 (vote was early 2009): The BOS approved the 2008 County Expressway Plan that required sidewalks along expressways as shown on the Sidewalk Maps for each expressway. County Roads fought against sidewalks by going to cities with expressways, but lost all votes, including the BOS and VTA Board votes. The Maps show sidewalks on both sides of Capitol but only one side was implemented by County Roads on Capitol. In 2024 (see below) these Sidewalk Maps were censored/eliminated by County Roads after I asked for compliance, but they were forced to restore them.

2015 (approximately): VTA put a gap in the “Berlin Wall” to enable pedestrians to go through. This wall was erected by County Roads to block access to Alum Rock LRT Station from the south, at the point where Capitol Avenue was renamed “Expressway”. There is no practical alternative route. I fought for this gap for about 20 years, but was ignored by County Roads. VTA should not have paid for it because County Roads did the damage when constructing the wall, despite the fact pedestrians were allowed under State law. (See a photo of the “Berlin Wall” in my letter to Sup. Otto Lee: ModernTransit.org/2024/repeal.pdf )

2024: County Roads again tries to avoid complying with pedestrian safety requirements by censoring the 2003 and 2008 County Expressway Plans after I requested compliance. After I informed the County BOS, County Roads was forced to restore them. [Details are in letter to VTA BPAC; see ModernTransit.org/2024/VTABPAC.pdf ]