Advocacy & Safety - NYC Ruling - Ride Limits Article

Sorry if this is a double anywhere. Interesting ruling.


ASSOCIATED PRESS

Last Updated: 4:10 PM, February 16, 2010

Posted: 2:30 PM, February 16, 2010
A judge says it is constitutional for New York City to require groups of 50 people on bicycles to get a parade permit from the police department. Judge Lewis Kaplan’s ruling Tuesday came in a clash between cyclists and police that began when more than 260 bicyclists were arrested during the 2004 Republican National Convention. Kaplan said he is sympathetic to cyclists’ concerns. He said he was not persuaded by the argument that the 50-person threshold is arbitrary and lower than necessary to achieve “the city’s substantial interests in safety, efficiency and traffic flow.” In ruling, Kaplan tossed out the lawsuit brought by the Five Borough Bicycle Club and interested bicycle enthusiasts. A message left with the bike riders’ lawyers was not immediately returned.


Read more: http://www.nypost.com/p/news/local/judge_sides_with_city_in_bike_ride_G7uYY5NwRh71nQp3TaEXzN#ixzz0fjjL30s3

Does the same requirement hold for groups of 50 motorists?

Does the same requirement hold for groups of 50 motorists?

Or 50 pedestrians walking down the sidewalk?

ah, yes, "the right of the people peaceably to assemble [with permit ej27/b submitted with mandatory, non-refundable $25 processing fee fourteen business days prior to event], and to petition the government for a redress of grievances"

But does the law requiring a parade permit apply to (1) the parade organizer, (2) the cyclists corking intersections and running red lights, or (3) lawfully operating bicycle drivers who happen to be on the same corridor at the same time as the illegal parade?

I have no problem with fining (1) the parade organizer for violation of the law requiring a parade permit. I have no problem with giving traffic tickets to (2) unlawfully operating cyclists when there is no parade permit. But I think it's ridiculous to charge (3) lawful bicycle drivers just because there are a lot of cyclists on the roadway. That's equivalent to banning them from traveling on that route at that time just because they have a bike rather than a car.

I'm a card-carrying member of the ACLU, but if the plaintiffs mixed these three groups together, I think they totally botched the case and deserved to lose.

Does the same requirement hold for groups of 50 motorists?

Motorists need multiple licenses & permits from the government to use the roads even just as single individuals.

Bicyclist currently have considerably more freedom than motorists to use the roads without government licensing or interference. Not quite as much freedom to do so as before some "cycling advocates" demanded review of legal standards that were in cyclist favor to begin with, but still pretty good.

So what happens if I get caught by a mass and then get ticketed? What if two masses converge at an intersection and get stopped by cops?

Critical Mass (we all know this is what it's about) is autonomous, you can't shut it down or cancel it! It doesn't have leaders, and there isn't an organizing body to be stopped. So good luck with that.

So what happens if I get caught by a mass and then get ticketed? What if two masses converge at an intersection and get stopped by cops?

The judge doesn't give a crap. You're a cyclist. Guilty as charged. Pass "GO," do not collect $200, go to jail, pay the fine.

-Kurt

http://bikesnobnyc.blogspot.com/2010/02/backward-circles-fight-for-no-right-to.html

http://bikesnobnyc.blogspot.com/2010/02/backward-circles-fight-for-no-right-to.html


Consequently, they've succeeded in creating the first social movement in history to actually criminalize the very thing it's advocating.

:roflmao:

-Kurt

The judge doesn't give a crap. You're a cyclist. Guilty as charged. Pass "GO," do not collect $200, go to jail, pay the fine.

-Kurt
hurray

I hope this crap doesn't find its way to LA. If it does then this city will lose the only thing that keeps me happy here.

I'm waiting to hear about the protest rides, by groups of 49 cyclists.

Wow! The Five Borough Bike Club lost the case! I ride in this club and it's sad because now we can get pulled over and ticketed. Most of the time, there are less then 50 cyclist but they hold that trip to Montauk (sp) Long Island which I'm certain attracts way more than the legal limit. I guess they're going to have to apply for permits on the big rides.

I'm waiting to hear about the protest rides, by groups of 49 cyclists.

So am I. This ought to be fun. :popcorn

-Kurt