TEMPE, Ariz. — The owner of a scooter rental company is exploring legal options after the City of Tempe gave her an ultimatum Tuesday that she can’t afford.
Ari Boyce-Jones, the owner of EasyrideZ LLC, invested more than $20,000 into her scooter rental business and had permission to operate in Tempe Beach Park, or so she thought.
In September, after being in business for more than two years, park rangers told her to pack up the small business she built her life around. The City of Tempe explained the agreement was a “collective misunderstanding.”
“I felt like I had been kicked in the chest when I read that in the email because I had very specifically been told otherwise,” Boyce-Jones told 12News in September. “I have bent over backwards to make sure I am following all of the rules and regulations.”
The city told Boyce-Jones she would either have to rent the scooters on private property or obtain a Shared Active Transportation Vehicle (SATV) permit. She was willing to pay the $8,814 application fee and $1.18 per scooter per day charge. But the permit requires electric scooters to have GPS monitoring and data sharing capabilities as well as self-locking mechanisms.
Boyce-Jones’ scooters don’t have either of those and she estimates it would cost tens of thousands of dollars to update her fleet and develop an app.
"Not only did I communicate with them about requirements and regulations, but I spent nearly $7,000 dollars to create a website that adhered specifically to their "no transactions in the park" regulations," Boyce-Jones said. "This is the reason for the QR code [on the scooters] which links to the website for a hands-off sign-up."
When 12News reached out to the City of Tempe for September’s story, a spokesperson said:
“The City of Tempe appreciates and supports local, small businesses. Ms. Boyce-Jones and her husband have created a unique business model for their scooter business. In turn, the City will need to work with EasyrideZ on a unique solution to the permitting issue. We look forward to meeting with the business owner to discuss options moving forward.”
Boyce-Jones felt optimistic that the City would find a “unique solution to the permitting issue” but said city officials offered no new options during a Oct. 15 meeting, which Boyce-Jones showed up to riding one of her electric scooters.
“I was told to be happy for the three years I got,” Boyce-Jones said. "I received very little empathy from these officials of Tempe, and no concern for my future.”
In a lengthy statement to 12News, a City of Tempe spokesperson said:
"Over the last several weeks, the City has been working internally to understand EasyrideZ’s business model and try and find a possible solution that would allow EasyrideZ to operate using its current model while still adhering to the City’s rules and regulations. While we wholeheartedly support the many small businesses that choose to operate in Tempe, for safety, equity, and legal reasons, we are unable to make exceptions and allow vendors to operate on public property without meeting the proper requirements.
We regret that the information EasyrideZ and its owner received several years ago was not as clear and precise as the City would have liked. However, EasyrideZ had been operating on park property and had listed the park’s address as its business address online. Regardless of the type of business, the City has permitting processes, requirements, rules, and laws that must be followed. The regulations are in place to ensure that every business has an equal opportunity to compete, and that the businesses provide a quality and safe experience for our residents. While EasyrideZ was initially informed that an SATV permit was not required, based on how it was operating, other rules and regulations still applied. Unfortunately, the additional rules and regulations were not clearly communicated to EasyrideZ.
Although EasyrideZ should not have been able to operate its business in the park, it did operate for multiple years without fully complying with the requirements other businesses must comply with. Once City staff recognized the error, EasyrideZ was contacted. We appreciate EasyrideZ’s open communication and adherence to information it has been provided, even as it recently ceased operating out of Tempe Beach Park.
The options provided at the meeting may not meet how EasyrideZ had hoped to operate, but they do outline several paths forward that are within the guidelines that govern how other businesses must operate. The City wishes EasyrideZ the best and we have offered to continue to work with the business should it choose to move forward with any of the options provided. If EasyrideZ has additional questions or alternatives that may not have been discussed and evaluated, the City is here to listen."
Boyce-Jones said she is actively seeking out legal assistance.
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