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OUTDOOR lovers have been fighting back after a popular walking path was blocked off after decades of use.
In Contra Costa County, California locals have been barred from a popular access point to Mt. Diablo State Park’s South Gate entrance.
For nearly 75 years people have been using a gravel trail on a small piece of property to shortcut to the park’s entrance.
Without notice a 100-foot-long iron-bar fence was erected across the path, stopping its use.
The barrier came complete with a “No Trespassing” sign and trail camera to catch any violators.
Court documents revealed that a local group of homeowners dubbed, “the intervenors” support the fence’s construction, citing cyclists’ use as a nuisance.
Although this group has been identified, it is unclear who owns the property, only that the Danville U.S. Bank branch acts as a trustee.
A loan company called Mr. Cooper is responsible for the property’s upkeep but has been unreachable about the issue.
Cyclists and walkers who commonly use the path are now arguing that the fence should be removed.
“It’s been used by hundreds of thousands of cyclists, hikers and residents for at the least the last 75 years, so we’ve got to get this open,” said Alan Kalin, who organizes East Bay riders, a cycling group.
According to Kalin and his cycling community, this fight is about more than convenience, it’s about safety.
Over the past few years, Kalin has worked with local recreation services to open up paths for people to more safely cycle.
With this gravel path being closed off, he contends that cyclists are in danger, being forced to use either a road shared with cars or a path lined with steep drop-offs.
Diablo resident Shirley Osmer agrees that it is a matter of safety, having switched to using a road shared with cars herself.
“I’m so annoyed,” Osmer simply said of the situation.
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“It’s really the only safe way for us to access the trails,” said Mike Roberts, head coach of the San Ramon Valley Mountain Bike Team.
Mike said that children as young as 11 years old are being made to ride on roads under dangerous circumstances.
“It’s scary — cars just don’t see you,” said Amanda Lang, 16, a member of the club.
She reported seeing a friend, “be literally inches away from getting hit by a car.”
As of Friday, a petition to remove the fence had gained over 3,000 signatures.
“On September 28, 2023, a small group (18, to be exact) of extremist homeowners in Diablo, known as “The Intervenors,” constructed a fence blocking the path,” reads the petition.
Continuing: “That’s right: 18 people decided to endanger thousands of adults, children, and dogs, including their neighbors and other members of the public, just so no one would walk or ride by their homes,”
About 100 people came together on Wednesday outside of the Danville U.S. Bank branch chanting, “Take down the fence,” and “Shame on U.S. Bank,” in protest of the path being blocked.
In October, residents filed with the court asking who owns the property and fence and filing an injunction to reopen the path.
The “intervenors” countered, filing to have all future owners maintain the fence to block the path.
In a May 2020 filing over disputed use of the path, the “intervenors” described the use of the path in question as a risk to “safety, security and peaceful residential quality of life.”
A resident counter-sued for a “dedicated public easement” use of the path that was never formally accepted.
In the current dispute, Jeff Mini also leans on safety for his reasonings.
“It’s just a safety issue for having people cutting through when they could be using Diablo Road,” Mini said.
“Come down here in the afternoon, you’ll see people walking, taking babies in strollers and kids on bicycles. That’s my concern.”
In July 2023 a judge ruled that a fence should be put up to “prevent members of the general public from continuing the private nuisance.”
One current argument maintains that from 1916 and 1979 there is an “unbroken line of published opinions,” from California courts that prove this path access should be protected.
The legal battle is currently ongoing and it is unclear which way the tide will turn.