This isn't the commuting forum, it's the advocacy forum; but if it helps, here's what one of my lawyer friends posted on a local list in response to questions regarding how the NYC ruling helps Critical Mass in other cities like Portland (where the cops have been overbearing for the last two years). I think I've highlighted the critical passage(s):
Disclaimer: this ain't legal advice, okay?
"The real lesson is not the following legal stuff, but to look at how the NYC CM folks have framed the fight as one about their first amendment rights! If you are talking to the press or whomever, think about if that is how you...might want to frame your local fight.
legal stuff:
Short answer, [the NYC ruling] is "persuasive" but not binding anywhere else.
Medium answer, there are state and federal courts, each has trial, appellate and supreme courts (although NY's lowest court is called the state supreme court, so be careful out there!)
Trial court decisions are binding only to the facts and litigants involved. BUT other trial courts look around to see what their neighbors are doing. legally though only higher courts have binding effect on courts below them, and even then state in state only and federal in federal only (mainly). So a state appelate court decision is binding on all trial courts in that state, but not necessarily in other appelate courts in that state, which is why a supreme court will hear an issue, to settle it once and for all.
Long answer: state supreme court decision is law of that state, US Supreme CT decision is binding in the US, each however has different jurisdiction and in some instances a STATE supreme court decision can be appealed to the US supreme court.
If an appellate court has ruled on a case, then that is the law for all those below them, unless and until the appropriate supreme court changes or upholds their decision.
In general, once the trial court has made a decision people need to decide if they want to appeal or not. There are tons of reasons to appeal and to not appeal, some deal with the legal issues, some deal with external issues like money or politics. They always say when your client says they'll take their case to the supreme court, get paid in advance!
So the New York Federal Trial Court decision is binding on them, but as was previously noted there is the interplay between state and federal claims, and what court is proper to be dealing with this stuff.
Now if this exact same issue were to come up in Portland and we were in state court, the state court would look to Oregon law first, then maybe federal law, but a federal trial decision is not binding anywhere but in that trial, for those litigants and those facts. Also in Federal court unless it is a state issue, you would only look to federal law.
So I think the moral in this story, is that the iceberg has many tips and we are one and NY is another. NYCM has a well-framed fight going on and the court is following the law!"