Last Tuesday, City Council passed an ordinance regulating pedicabs in San Diego.

The ordinance addressed safety issues stemming from incidents in July in which a woman died after toppling from a pedicab and another in which a pedicab driver negligently entered University Avenue during Pride and was hit by a vehicle, injuring the passengers who had to go to the hospital.

Passengers involved in pedicab accidents have little recourse because pedicab drivers are not required to carry auto insurance; they don’t even need a driver’s license. The owners apparently only carry “business” insurance, which often excludes coverage for vehicle-related matters. And of course attorneys representing injured passengers and their families will likely sue the city, contending negligent road design and failure to protect tourists and citizens from a known danger on public right of ways. So, you know who will pay the price.

The council’s ordinance will hopefully redress these problems. However there is another issue with pedicabs that requires attention: rates.

Some pedicab operators charged Pride attendees excessive amounts during the festival – in one case the fare was $90 from Hillcrest to the Pride festival entrance, according to testimony at the council hearing on Tuesday.

Pedicab drivers’ rates should be regulated just as taxi drivers’ rates are. Drivers shouldn’t be able to fleece gays just because they know we’re more likely to pay big bucks for a shirtless teen pumping a bicycle.

The council needs to pass a regulation that standardizes the rates these operators can charge. Pedicab operators are engaged in a business under California law. As such, they should comply with California Civil Code sec. 51, which prohibits charging higher rates to customers because of their real or perceived sexual orientation.

Of course it could prove difficult to enforce payment regulations on pedicabs. Suing the drivers would be difficult because many are foreign students who have little money. They’re also independent contractors rather than employees; they rent the pedicabs from owners, so owners are absolved from liability for their actions.

But the council should nonetheless regulate rates. Further, Pride should undertake to warn gay tourists about both pedicab safety concerns and rates.

Sure, some gay men may volunteer more to pedicab drivers or offer a big tip – after all the shirtless and sweaty young hunks offer San Diego “scenery” right on the bike. But the basic charge from Hillcrest to the festival should be uniform.