A handful of La Jolla residents have received what they see as “threatening” cease-and-desist letters from electric scooter company Bird over their use of scooter removal service Scoot Scoop.
The letters accuse those who used Scoot Scoop of “improper impoundments” of the scooters and state that “by providing Scoot Scoop with Bird vehicles, you may be aiding and abetting Scoot Scoop’s criminal activity.”
Scoot Scoop asserts there is nothing unlawful about its operation, which removes dockless bikes and scooters that are left on private property or block storefronts or driveways.
But Bird says Scoot Scoop’s impounds violate California vehicle code and are tantamount to theft.
Bird said the letters were sent to property owners and managers based on information it received from Scoot Scoop.
Dan Borelli, one of the owners of Scoot Scoop, said the two companies have been involved in litigation since 2019 and that Bird “requested discovery copies of our towing authorizations.”
Bird is now using that information “to intimidate our clients,” Borelli said.
Bird’s letters ask that the recipients stop using Scoot Scoop and instead file a report about stray scooters through the city of San Diego’s Get It Done app or contact Bird directly.
The company further asks for “written confirmation of compliance with the above requests within the next 72 hours; otherwise, Bird will have no choice but to pursue any and all legal remedies available to it, all of which are expressly reserved, including contacting law enforcement.”
La Jolla Shores resident Meg Davis said, “I find it very disturbing to get a letter like this, which I feel is rather threatening, based on the fact that I have used a service to remove vehicles from our private property.”
Davis and Brian Earley received the letter at Davis’ email address. Davis said the couple contacted Scoot Scoop about scooter removal in September 2019 and July and November 2020. She said it was a last option after the city and Bird were unresponsive.
“In all three instances,” Davis said, “we had reported the scooters, which either were in our driveway or blocking the sidewalk or both, to Get It Done, with no response. We also tried calling Bird and either couldn’t get through on the phone ... or in one case they said they would send out a truck but didn’t.”
“In some cases,” she said, “we have had as many as three scooters on our property and blocking our access” for up to three days.
Scooters are left a few feet from a La Jolla resident’s “private property” sign.
(Courtesy)
La Jolla attorney and former U.S. Rep. Lynn Schenk also received a letter. Because she lives up a hill from one of La Jolla’s beaches, people often park near her house, walk to the beach, use scooters to get back to their cars and then leave the scooters on her and her neighbor’s properties, she said.
“Some are parked in red zones and right on my property,” Schenk said. “My neighbor has a beautiful garden and they would just get thrown in there. These scooters create visual blight and take up parking. Some are left in the street and they are unsafe.”
Schenk said she, too, had used the city’s app and called Bird, with no success. “I contacted Bird and one time they didn’t answer, another time the person was so rude, then the phone number was disconnected,” she said. “I also tried to use the Get It Done app and nothing gets done.”
As for the letter, “it was more than mildly threatening to me. How dare they say something like that? There are people that get intimidated and worry and lose sleep over that.”
Representatives of Bird indicated the company did not intend to threaten or intimidate residents.
“We sent a letter to individuals who we understood had reported misplaced scooters in their community to Scoot Scoop. The intent of the letter was to inform these residents of the properly sanctioned and lawful ways to have their property cleared,” according to a statement. “We recognize the letter may have been received differently and apologize for any misunderstanding. We look forward to working with residents to address their concerns while discouraging the unlawful actions of Scoot Scoop.”
Soon after, a follow-up letter went out from Tim Harter, Bird’s director of government relations, apologizing “if the letter wasn’t clear.”
“Our goal was to alert property owners and residents of what Bird believes is Scoot Scoop’s improper impounding of Bird vehicles under the laws of California and to provide quick and efficient alternative methods for removing vehicles from your private property,” Harter’s letter reads. “We have no intention of pursuing legal action against individual property owners. We value our partnership with the community and pride ourselves on working with our neighbors to quickly resolve parking issues. We are always working to improve our process and would like to hear more about your experience and how we can assist you and your business.”
Borelli said he sent an email to Scoot Scoop’s customers addressing Bird’s claims.
“The fact of the matter is our operations are entirely legal,” Borelli’s email reads. “There is absolutely nothing unlawful in what we are doing. If Scoot Scoop were illegally operating as alleged, law enforcement would have been involved at the inception of Scoot Scoop and business operations would have been immediately terminated. Bird’s assertions regarding various violations … are simply unfounded scare tactics.”
City Councilman Joe LaCava, whose District 1 includes La Jolla, said he directed the issue to the city attorney’s office and “will be discussing this item with them soon.”
Scoot Scoop users sign an agreement authorizing the company to remove scooters on their behalf, and can contact the service around the clock daily through a phone line or an app. Once scooters are removed, the parent companies are notified, the devices are stored at Scoot Scoop facilities and the client’s property is listed as a no-parking zone.
Matt Souther, an attorney representing Scoot Scoop, said, “It’s really interesting that Bird wants to conduct business on private property without authorization,” compensation or attention to risk and liability.
In referring residents to Get It Done to have unwanted scooters removed, “Bird wants taxpayers to clean up [its] mess,” Souther said. “That is wrong.”
Bird scooters and dockless bikes began hitting La Jolla streets in 2018 and immediately drew criticism because riders were leaving them in public areas, on private property and in bushes and other community spaces. Some local groups sought to ban them from beachside boardwalks.
In July 2019, the city introduced the concept of “scooter corrals” for riders to park scooters so they wouldn’t be left on sidewalks. By that fall, 40 had been installed in La Jolla’s Village. Some were removed during the height of the COVID-19 pandemic.
The city also imposed a “four-by-40” rule, which says devices must be stored in groups of no more than four, spaced at least 40 feet apart.
A select number of companies are authorized each January and July to provide shared mobility devices for rent for six months within San Diego. Bird is considered a current, active scooter operator. ◆
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March 26, 2021 at 07:28AM
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Scooter removal ruffles feathers of Bird company, which sends La Jollans cease-and-desist letters - La Jolla Light
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