‘It’s really concerning’: Toronto cycling lawyer says viral arrest leaves him ‘uneasy’ around police

Biking Lawyer David Shellnutt is raising concerns over excessive use of force and anti-cyclist bias after a video circulating online appears to show Toronto police officers allegedly pushing a cyclist out of his moving bike and arresting him for failing to stop at a stop sign.

In a viral video of the incident shared online by another rider, four officers are seen pinning the cyclist on the ground and arresting him. At some point in the video, the cyclist is seen asking “What did I do wrong?” to which one officer appears to say “You didn’t stop.” 

Although what took place before the arrest isn’t clear in the footage, Shellnutt suggests that officers allegedly forcefully pushed the cyclist out of the bike and arrested him. 

According to the lawyer, this behaviour does not reflect TPS officers’ standard training, and represents an “excessive use of force for a traffic stop.”

“In highway situations enforcing the rules of the road, police are almost never allowed to engage in pursuit of a moving vehicle, be it a bicycle or a motor vehicle…It puts the public at risk,” he told Now Toronto. 

“I’ve looked at the Toronto police use of force manuals, we sue Toronto police in many excessive force cases, and this goes against their own training.” 

Besides representing alleged excessive use of force, Shellnutt worries that the incident will open a precedent for other officers and even members of the public to forcefully stop cyclists they believe aren’t following the rules, putting their safety at risk. 

“[Police] chose to sort of green light aggressive tactics used by police against cyclists; and it’s really concerning for a lawyer, but also as a person who rides a bike in the City of Toronto. I’m going to feel really uneasy the next time I go by a police officer,” he said.

Toronto Police Service responds 

Responding to a social media post in which Shellnutt shared the video and questioned the incident, Toronto police revealed that the incident took place at around 6:30 p.m. near Queens Quay West and Little Norway Crescent, during “stop sign enforcement” prompted by complaints from locals about cyclists failing to comply with road rules. 

According to police, officers asked the male cyclist to stop after he was seen failing to stop at a stop sign. The cyclist then allegedly “proceeded through the intersection at a high rate of speed and shouted a profanity at officers,” ignoring their directions to stop. 

In the statement, police did not confirm whether the cyclist was pushed from his bike, saying that he was then arrested and issued three provincial offence notices. 

Lawyer suggests incident reflects anti-cyclist bias 

Meanwhile, Shellnutt says the latest incident also feeds into long-standing concerns of anti-cyclist bias in Toronto police enforcement. 

According to him, the alleged “excessive use of force” in this case reflects an anti-cyclist sentiment, which he has seen rise not only in the police force but also across the city. This sentiment has allegedly been translated into unequal treatment when it comes to road rules enforcement regarding cyclists in comparison to other vehicles. 

“I don’t think anyone can imagine a situation in which I go through a red [light] in my truck, or I roll a stop sign, the cops pull me over and yank me out of the vehicle and smash me on the ground,” he said. 

“If that was happening to motorists in the City of Toronto, there would be hell to pay, but it seems to be okay as long as you do it against a person on a bike.” 

The lawyer says he also wishes police would’ve responded differently to concerns raised about the incident, suggesting they should have taken the opportunity to “build a bridge to the cycling community” after previous tensions, instead of opening a precedent for future similar incidents. 

Now Toronto reached out to Toronto police for further comments, but is still awaiting a response.