NYC: Help Put An End to Parade Rules
08-01-08, 08:53 AM
#1
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NYC: Help Put An End to Parade Rules
From Streetsblog:
Last Friday's assault on a Critical Mass rider -- and the attempted cover-up that followed -- has heightened public attention on police misconduct against cyclists. If you, or some other cyclist you know, have been the subject of selective enforcement or inappropriate police action, lawyers from the Five Borough Bike Club would like to hear your story. They can be reached at [lawsuitinfo] [at] [5BBC] [dot] [com], and their deadline is Friday, August 8. Here are the details:
Time is running out. The Five Borough Bike Club and several others are plaintiffs in a lawsuit which challenges New York City's attempts to suppress Critical Mass rides. The Court has given us an August 8 deadline to gather information concerning summonses, arrests and other NYPD action against bicyclists. For those of you who don't know, the suit challenges the constitutionality of recently implemented rules that require a group of 50 or more to obtain an NYPD permit before proceeding together (the "Parade Permit Rules"). The suit also challenges various other tactics that NYPD uses to target and suppress Critical Mass rides. Details on how to provide information you believe may be helpful are provided at the end of this post.
So far, we have already gathered evidence of unlawful conduct by the NYPD, including evidence which shows that:
* NYPD "profiles" suspected Critical Mass participants for selective enforcement of the law as they ride their bikes individually in the vicinity of Union Square prior to the start of the ride, as shown in this video.
* NYPD tickets cyclists during these "profiling" operations and points to them as proof of Critical Mass's lawlessness, even when the summonses were issued on evenings when no Critical Mass ride took place and/or for violations which are not relevant to bicyclists, such as "no seatbelt" [download a summary of these tactics].
* NYPD has systematically arrested and summonsed Critical Mass participants without any valid basis. The charges frequently have been dismissed.
* NYPD officers have repeatedly used excessive and dangerous force against Critical Mass participants.
As one NYPD officer candidly told a Critical Mass bicyclist while ticketing him for an equipment violation, the policy of selective and unlawful enforcement was triggered by the August 2004 Critical Mass bicyclists' protests against the Republican National Convention. We contend that such protest activities provide no lawful reasons to establish the 50-person limit on public processions, or to suppress or selectively enforce the law against Critical Mass month after month [download].
The Court requires us to collect all relevant documents, photographs and videotape by August 8, 2008. If you believe you have evidence that is relevant to the suit, we ask that you send it to us.
This is not an offer to provide individuals with lawyers or legal representation. We request that you voluntarily provide information for use as evidence in the lawsuit. If you can help, please send us a brief email describing the information you have, and including a daytime phone number where you can be reached and/or an email address, to: [lawsuitinfo] [at] [5BBC] [dot] [com]. Please contact us about the lawsuit only through this email address.
Thanks so much for your help and support.
Best regards,
5BBC
Time is running out. The Five Borough Bike Club and several others are plaintiffs in a lawsuit which challenges New York City's attempts to suppress Critical Mass rides. The Court has given us an August 8 deadline to gather information concerning summonses, arrests and other NYPD action against bicyclists. For those of you who don't know, the suit challenges the constitutionality of recently implemented rules that require a group of 50 or more to obtain an NYPD permit before proceeding together (the "Parade Permit Rules"). The suit also challenges various other tactics that NYPD uses to target and suppress Critical Mass rides. Details on how to provide information you believe may be helpful are provided at the end of this post.
So far, we have already gathered evidence of unlawful conduct by the NYPD, including evidence which shows that:
* NYPD "profiles" suspected Critical Mass participants for selective enforcement of the law as they ride their bikes individually in the vicinity of Union Square prior to the start of the ride, as shown in this video.
* NYPD tickets cyclists during these "profiling" operations and points to them as proof of Critical Mass's lawlessness, even when the summonses were issued on evenings when no Critical Mass ride took place and/or for violations which are not relevant to bicyclists, such as "no seatbelt" [download a summary of these tactics].
* NYPD has systematically arrested and summonsed Critical Mass participants without any valid basis. The charges frequently have been dismissed.
* NYPD officers have repeatedly used excessive and dangerous force against Critical Mass participants.
As one NYPD officer candidly told a Critical Mass bicyclist while ticketing him for an equipment violation, the policy of selective and unlawful enforcement was triggered by the August 2004 Critical Mass bicyclists' protests against the Republican National Convention. We contend that such protest activities provide no lawful reasons to establish the 50-person limit on public processions, or to suppress or selectively enforce the law against Critical Mass month after month [download].
The Court requires us to collect all relevant documents, photographs and videotape by August 8, 2008. If you believe you have evidence that is relevant to the suit, we ask that you send it to us.
This is not an offer to provide individuals with lawyers or legal representation. We request that you voluntarily provide information for use as evidence in the lawsuit. If you can help, please send us a brief email describing the information you have, and including a daytime phone number where you can be reached and/or an email address, to: [lawsuitinfo] [at] [5BBC] [dot] [com]. Please contact us about the lawsuit only through this email address.
Thanks so much for your help and support.
Best regards,
5BBC
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08-02-08, 04:04 PM
#2
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Interesting stuff here. Although I have no info that would help your lawsuit, I'd like to propose that the NYC critical mass rides consider an alternative strategy. I don't think you're going to successfully convince the court to overturn the public assembly laws. It clearly is a public assembly and parade as it exists now. NYC wields the public assembly law with great skill and capriciousness. I wouldn't expect the court to nullify the public assembly laws, no matter how compelling the free speech arguments are and I'm guessing the city has already said they won't issue permits, at least not for monthly rides.
Have the organizers ever considered having smaller rides? Yes, I know this is contrary to the title of the event, but you might accomplish your purpose, evade (arbitrary) enforcement and even frustrate authorities even more if you had smaller, <50 person, groups set out at random spots throughout the city and perhaps cross paths at a pre-determined location so as not to tip your hand to the police.
I think this is a worthy endeavor in general, but it seems like the current tactics (on both sides) are predictable. Why not try something different, or be prepared to try it if the litigation does not go in your group's favor?
Good luck.
Have the organizers ever considered having smaller rides? Yes, I know this is contrary to the title of the event, but you might accomplish your purpose, evade (arbitrary) enforcement and even frustrate authorities even more if you had smaller, <50 person, groups set out at random spots throughout the city and perhaps cross paths at a pre-determined location so as not to tip your hand to the police.
I think this is a worthy endeavor in general, but it seems like the current tactics (on both sides) are predictable. Why not try something different, or be prepared to try it if the litigation does not go in your group's favor?
Good luck.
08-02-08, 04:48 PM
#3
Destroyer of Wheels
Thread Starter
I'm just passing it along, not acting as an agent 
However - this applies even to having a group gather in Central Park for a picnic, taking a walk over a bridge, school sightseeing trips, etc... It's NOT just CM but the bike advocates are the ones that it's targeting.
However - this applies even to having a group gather in Central Park for a picnic, taking a walk over a bridge, school sightseeing trips, etc... It's NOT just CM but the bike advocates are the ones that it's targeting.
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08-04-08, 07:52 AM
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The arbitrary enforcement is what bothers me. Even though, for the most part, CM annoys me, I understand that in our society there is a requirement to protect the rights of those very people who annoy me. This means that the slow people in the bike lane in prospect park and the cars have every bit as much right to be on the road as I do.
I just wish the city government, whose job is, partly, to protect the rights of the minority, would remember that too.
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