Three things that struck me when viewing the New York Changing exhibit at the City Museum in NYC:

# The amount of texture in the city has decreased thanks to Modernism, and perhaps proportional to increasing clutter in the rest of our mindscape.
# Industrial decline has opened up waterfronts, for better or worse. (I’m too young to remember the working waterfronts of yore.)
# The invasion of cars has changed the city in truly profound, but now forgotten, ways. More obviously, their sheer bulk makes streets feel unpleasantly crowded, as a view down Seventh Ave. shows. More subtly, their unprecedented (and ever increasing) momentum, and thus their capacity to injure those in the public way, resulted in an alarming increase in regulation of street use, as government attempted to mitigate the invading cars’ size and speed — most notably parking restrictions, one way designations, and the ubiquitous all-way stops, all seen in this otherwise unchanged view at 39 Commerce Street. Two way streets were converted to one way operation to remove the annoyance of yielding when passing on narrow streets; stop signs and speed bumps appeared to keep speeds down and to avoid crashes, as intersections could accommodate only one car at a time; licensing of drivers and vehicles began only after the first cars were involved in deadly hit-and-runs.

In that brief-but-glorious era when bicycles were the second most popular vehicles on American city streets (after shoes), there was precious little need for such over-regulation of traffic flow. Critical Massers understand that large numbers of cyclists can pretty spontaneously organize and police themselves. Even if bicyclists (with 2% the weight and 0.2% the horsepower, and thus about 0.004% the motive force of an SUV) who slow down and yield, rather than stop, at stop signs violate the letter of laws created to regulate autos, I’d argue that we respect the intent of the law (i.e., slow, quiet traffic flow with orderly queueing). Just because we don’t trust drivers to drive politely and let one another in in traffic — which we might accomplish with, say, yield rather than stop signs — hardly means that pedestrians or bicyclists can’t be trusted with the same.

I understand that the laws we have now are the laws we should observe, but a fairly good historical — not just logical — argument exists to grant bicycles leeway on traffic regulations. And if today’s federal judges can “revive the Constitution in exile” and impart judgment based on “historical intent,” then surely we can find some judges to revive 19th century, pre-Auto Plague traffic codes for bicycles!