Bird scooters company receives cease and desist letter after two days in Nashville

The ride sharing electric scooter service that launched this week in Nashville has received a cease and desist letter from Metro.

Metro told the company to keep scooters off sidewalks and other Metro rights-of-way until a regulatory or legislative framework is in place, according to a notice dated May 8. The company has 15 days to remove the scooters or Metro will, the letter said.

"Bird scooters have been observed by employees of the Metropolitan Government obstructing the public sidewalk," Metro attorney Theresa Costonis wrote in a letter to Bird's government relations director.

Bird launched on Monday with 100 scooters located in downtown, the Gulch, Music Row, Midtown, Germantown and East Nashville. Users are supposed to use streets and bike lanes, similar to cyclists, and not sidewalks.

After two days, the biggest issue was users parking the scooters on sidewalks at the end of their ride. On lower Broadway Tuesday, a cluster of about 10 scooters was left around a tree. On social media, residents have complained that the scooters present a safety issue.

Bird users locate the nearest Bird through the company’s smart phone app. The scooters do not use docks and users are encouraged to park the scooter at a bike rack or outside of the public right-of-way. The scooters are collected each evening and re-charged before being parked at nests, located on private property, where they can be rented again the next morning.

“This is completely new and we didn’t know this was coming,” Costonis said in an interview. "We don’t have anything in place that would allow them to have started operating right off the bat."

The city is working on a permitting framework, now in the developmental stage, she said. Metro was first notified about Bird's presence in an email from the company on May 6, a day before they launched locally.

Mayor David Briley weighed in on the controversy on Twitter Wednesday.

"We appreciate innovation that helps people move around the city, but it's improper to obstruct the right-of-way without a permit," Briley wrote. "With no ordinances or agreements in place with Bird, Metro has reached out to the company to amicably resolve the situation."

Metro Councilman Jeremy Elrod said on Twitter Wednesday afternoon that Metro and Bird officials had met. He said he planned to file legislation to allow them to operate and sought a short-term fix in the meantime.

"We need more options to get around town and these scooters are a great one," he said on Twitter.

Bird spokesman Kenneth Baer said that the company is operating legally. To address concerns, the company will require Bird users to take a photo when they park their scooter to help ensure parking rules can be enforced.

"We share the important goal of protecting sidewalks from all vehicles – cars, bikes, and Birds – and Bird believes it is operating lawfully under Nashville’s existing city regulations," Baer said in an emailed statement. "We are optimistic that we can collaborate with Nashville’s attorneys and elected leadership to build a framework that permits Bird to continue providing Nashville with an affordable, environmentally friendly transportation option."

The scooters are meant to offer "last mile" solutions to commutes, or for trips that are too far to walk. The launch came less than a week after a $5.4 billion failed transit referendum meant to ease congestion and provide mobility alternatives.

A ride costs $1 plus 15 cents per minute, and the scooters top out at 15 miles per hour. A full charge lasts about 15 miles.

Bird is among multiple scooter companies that have sparked controversy in other U.S. cities. Santa Monica, where the company is based, sued Bird before reaching a settlement that allowed it to operate, Bloomberg reported.

In San Francisco, Bird launched in March and received a cease and desist letter from city attorneys in April, along with competitors LimeBike and Spin, the report said.

Scooters have blocked walkways in San Francisco and have been driven on sidewalks and the city has begun impounding scooters that parked illegally, according to CNBC. A new permitting process that limits the number of scooters is underway, the report said.

In Austin, the city council recently approved dockless bikes and scooters and allowed companies including Bird to be in good standing if they stopped operating until they were granted a permit, the Austin American-Statesman reported.

The strategy to launch before the city grants approval mimics that of Uber and Lyft. In 2013 and early 2014, the two ridesharing companies began operating in Nashville and built a user-base before the city approved regulations for the transportation niche in December 2014. The state authorized their services months later.

Spin said it is looking to Nashville for expansion but is waiting for the city to give a "green light" through a regulatory framework or a permitting process, said Euwyn Poon, co-founder & president of Spin.

"Our approach has always been to work with local governments, while the other companies have taken more of the 'Uber approach,'" he said in an emailed statement. "We've always supported common-sense rules to protect the public and the public right-of-way, and we feel that dockless mobility can only work in our country by closely collaborating with local governments. We are thrilled that Nashville is interested in incorporating scooter-share into the local transportation network, and we’re looking forward to working closely with the City to help bring dockless mobility in a responsible, safe way."

Costonis said as other vehicle types have emerged, Metro has developed regulations that allow them to exist, including Uber, Lyft, pedal taverns and other low-speed vehicles.

"We certainly want to address the safety issues," Costonis said. "The plan is to develop some regulations."

Riders must be at least 18 years old and have a valid driver’s license. The app includes a safety tutorial about how to use the scooters, and the company sends $1 per vehicle per day to the local government to promote safety, add bike lanes and maintain infrastructure.

Reach Jamie McGee at 615-259-8071 and on Twitter @JamieMcGee_.