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Old 10-29-04, 10:55 AM   #1
toolbox63
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Judge Gives Green Light To Cyclists' Monthly Protest Ride

Judge Gives Green Light To Cyclists' Monthly Protest Ride
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Old 10-29-04, 11:01 AM   #2
scarry
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You're slipping, Tool, you didn't say "Liberal Judge give green light to protest ride".
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Old 10-29-04, 11:07 AM   #3
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Originally Posted by scarry
You're slipping, Tool, you didn't say "Liberal Judge give green light to protest ride".

LOL!! Sorry I forgot.
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Old 10-29-04, 11:53 AM   #4
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So, Tool, what do you think about this ruling?

The constitution guarantees freedom of assembly and due process.

Cutting locked bikes and confiscating them without notice would seem to violate due process.

Requiring a permit to ride in the streets (an activity which is legal) when other bikes happen to be using the road would seem to violate freedom of assembly. Cars drive together every day. Saying that if some riders break the law (by blowing lights) gives the police the power to arrest any cyclist in the vicinity even if they are not breaking the law would violate due process. Cars break traffic laws all the time, but the police only ticket, not arrest drivers, and not other cars driving nearby.

How would you differentiat Critical Mass riders from someone just riding home from work at the same time?

Do you have an opinion of your own? Let's hear it.
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Old 10-29-04, 12:02 PM   #5
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Originally Posted by scarry
So, Tool, what do you think about this ruling?

The constitution guarantees freedom of assembly and due process.

Cutting locked bikes and confiscating them without notice would seem to violate due process.

Requiring a permit to ride in the streets (an activity which is legal) when other bikes happen to be using the road would seem to violate freedom of assembly. Cars drive together every day. Saying that if some riders break the law (by blowing lights) gives the police the power to arrest any cyclist in the vicinity even if they are not breaking the law would violate due process. Cars break traffic laws all the time, but the police only ticket, not arrest drivers, and not other cars driving nearby.

How would you differentiat Critical Mass riders from someone just riding home from work at the same time?

Do you have an opinion of your own? Let's hear it.
I believe that the judge's ruling... "The court decision gives the bike riders who participate in Critical Mass the right to ride on the streets of New York without a permit," is appropriate. I also believe that the city's response... "If bicyclists break the law, they will be subject to arrest and seizure of their bikes. If they adhere to the law there will be no reason to fear either." is also appropriate.

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Old 10-29-04, 12:09 PM   #6
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Originally Posted by toolbox63
I believe that judge's ruling... "The court decision gives the bike riders who participate in Critical Mass the right to ride on the streets of New York without a permit," is appropriate. I also believe that the city's response "If bicyclists break the law, they will be subject to arrest and seizure of their bikes. If they adhere to the law there will be no reason to fear either." is also appropriate.

Cool, Man.
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Old 10-29-04, 07:05 PM   #7
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Actually, the court did not rule that CM riders have the right to ride CM without a permit. The judge denied the city's request for an emergency injunction against riding CM without a permit because the city did not file the request in a timely manner and because they could not show that 'irrepairable harm' will befall them if the riders do not get a permit.

The main issue before the court actually was not whether or not CM needs a permit. The issue is whether the city can sieze bikes from individuals who are not going to be charged with a violation of the law. In that regard, the court did grant a temporary injunction preventing the city from siezing bikes of riders who are not violating any laws.

The court did express an opinion that CM probably should be required to get a permit, but they declined to address that question since it was a Federal court and the issue had not yet been litigated in state court. I believe they felt that this was a state and/or city issue at this time.

The injunction against the city apparently hinged on last months action by the city to sieze the plaintiffs bikes without giving them a Notice of Violation for improperly locking them to city property (parking meters, street signs, ligt poles). The city had apparenlty intended to hand out notices when the bikes were reclaimed, but had decided not to so as not to appear to be retaliating against CM riders. Had the city given out Notices of Violation, the plaintiffs would probably not gotten the injunction since the city would have been within their rights to sieze bikes from those being accused of violations.

The bottom line appears to be that so long as you are not being accused of violatiing any laws and do not park your bike illegally, the city cannot, at this time, take your bike at a CM ride. Before locking up your bike at CM, be sure you understand exactly what is legal and not legal bike parking!
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Old 11-01-04, 02:40 PM   #8
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Originally Posted by toolbox63
"If bicyclists break the law, they will be subject to arrest and seizure of their bikes. If they adhere to the law there will be no reason to fear either." is also appropriate.

If motorists would get dragged out of their cars and arrested for running red lights and blocking traffic, things might change for the better. If cops are gonna do that to bicyclists, they need to start hauling everyone else in for the same "crime", including pedestrians for jay walking. Hell, if you spit in the wrong direction, you should go to jail. (seems like thing are turning that way.)

Running a red light gets you a traffic ticket, not a night in jail, folks.
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Old 11-01-04, 02:43 PM   #9
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Oh, also, cops are flat out stealing bikes. There's no other way to put it. Class action suit against the NYPD for theft.


I'm glad the judge decided the way he did. One for our side, but the NYPD must stop harassing bikers. Those of you who've not been arrested for simply riding your bike have no idea how ridiculous the whole thing is.
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Old 11-01-04, 02:45 PM   #10
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so, did anyone gain or lose anything by this? i don't have time to do a comparison before\after the ruling...but it sounds like nothing has changed, right?
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Old 11-01-04, 02:47 PM   #11
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Originally Posted by coney
If motorists would get dragged out of their cars and arrested for running red lights and blocking traffic, things might change for the better. If cops are gonna do that to bicyclists, they need to start hauling everyone else in for the same "crime", including pedestrians for jay walking. Hell, if you spit in the wrong direction, you should go to jail. (seems like thing are turning that way.)

Running a red light gets you a traffic ticket, not a night in jail, folks.
RIGHT! Selectively enforcing the law is WRONG @ any level. The non-cyclists don't seem to care, becasue it's not being done to them ........................ yet. To them I say, "give it time, just give it time".
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Old 11-01-04, 05:17 PM   #12
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they are just tryin to bluff the cyclest into thinking they got a break
so the city and ploice dont get their pants sued off
that judge knows exactly whats at stake and hes tryin to cool matters down in hopes that everyone will let it slide
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Old 11-01-04, 05:57 PM   #13
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I think they should be allowed to go through with the ride as long as they stay within the law, such that they're not running red lights & stop signs.. locking up their bikes illegaly, etc.
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Old 11-02-04, 01:03 AM   #14
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Oh, also, cops are flat out stealing bikes. There's no other way to put it. Class action suit against the NYPD for theft...

Those cops need to be taught a lesson.
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