June 22, 2005     Sunnyvale, California Since 1994
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Photograph by Athanasia Brown
Peter Vinnicombe, 14, skates without a helmet at Fair Oaks Park. Though he wore a helmet when he started skating six or seven years ago, he no longer likes to wear one. He says it gets in the way by sliding in front of his eyes.
Nature of skateboarding is risk
By Lee Gordon
Twenty-six skaters grinded, ollied and kickflipped on a recent Friday afternoon at Sunnyvale's Fair Oaks Park. Some zoomed through the concrete bowls before "catching air," while others preferred to slide slowly down rails. Some were experts and some were obviously beginners. Many were at risk of injuring themselves.

They all had one thing in common--they were breaking the law.

Breaking these safety laws isn't unusual in a sport that courts danger.

A Sunnyvale city ordinance requires skaters using the skatepark at Fair Oaks to wear helmets, knee pads and elbow pads, but of the 26 skaters that Friday, none had the complete protective ensemble--which is also required by state law.

The law's main focus is to relieve skatepark owners of liability if skaters get injured. The law also classifies skateboarding as a "hazardous recreational activity."

Campbell and Santa Clara pay staff to monitor skaters' equipment at skateparks. These cities also require participants to sign liability waivers before using the parks.

Sunnyvale relies on a sign posted at the entrance to the Fair Oaks skatepark.

Skaters have been injured at Fair Oaks and public safety officers have issued citations there, yet the total number of injuries reported or citations issued don't accurately show how many skaters are either hurt or not using safety equipment.

One skater said he has been hurt many times, but he still won't wear safety equipment.

Caesar Rosado, 16, said he has suffered three concussions from skating mishaps, including one that landed him in the hospital overnight.

"I don't wear a helmet because it's uncomfortable, even though it might save my life," he said. "It should be at your own risk."

John Pilger, communications officer for the city of Sunnyvale, said the city has a record of five skatepark injuries, which required medical attention. The reports cover May 2003 to July 2004.

State law requires the city to keep a record of all injuries occurring at its skate park and to report the injuries to the state annually.

"There may be injuries that are unreported to the city," Pilger said. "Some of the injured go home or seek treatment and never call us."

Santa Clara's skatepark has recorded 20 injuries in the past 18 months, said Larry Wolfe, director of parks and recreation in Santa Clara.

Injuries aren't all skaters have to fear in Sunnyvale. Pilger said public safety officers wrote 33 citations between Jan. 1, 2004 and April 1, 2005 to skaters at Fair Oaks for violating the city ordinance. Pilger said the ticket would be considered an infraction and that the fine could reach $500.

"There is no set fee, and the city has not made a recommendation to the court as to what the fine should be," he said.

Capt. Craig Farley, public safety spokesman, said the department has not taken an activist stand toward skaters. If someone calls with a complaint, he said, officers will respond and will enforce the law.

Local skate guru Red Berry, 40, skates at Fair Oaks nearly every day and can also often be found across the street at Fishbanks Skate Shop.

Regardless of law enforcement's intentions, he said, writing tickets to young skaters without equipment creates an adversarial relationship between cops and skaters.

"They take the initiative to harass kids," he said. "I don't want the cops out there at all because it makes the kids dislike the law."

For those who get citations, Berry said they should fight them because he knows someone who fought the charges and got them dropped. He said that it costs the courts too much to follow through with prosecution.

Berry wears a helmet when he skates, he said, but it can be tough telling kids that they should wear theirs.

"You don't want to be the bad guy," he said. "I only look after the beginners and the young ones."

Gavin Goes, 32, and his 11-year-old son Isaac were two of the few wearing helmets at the park, although neither was wearing kneepads. Gavin said he wears his brain bucket because he's "old" and he has a family to support. But he said he understands why younger skaters don't want to wear safety equipment.

"It's a youth-dominated sport and it attracts rebellious kids," he said. "[Pads and helmets] just aren't in the nature of skateboarding."

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