ParamountScapin 

Heard on NPR today that the 71 cyclists who were doing a "slow ride" as a protest (I didn't catch what thye were protesting) in LA County won their first court case today.

When they were arrested all the women were strip-searched. Which is illegal. Also, they were held for two days with no access to make the required phone call. All of this was expressly against a judge's orders.

The men in the group were awarded $5,000, each, and the women were awarded $71,000, each. There are also many other civil suits pending as a result. The LA County constabulary responded by stating that "there was some misunderstanding of the law" by their people. Perhaps this will bring forth a better understanding on their part.

Nice to the bicyclist win one.

Guest

I've been through that one before- being deprived of one's civil rights, detained and strip searched as a woman is no fun.

They should have awarded more. Damn bastards.

But it's nice to see us taken seriously for a change!

Koffee

SamDaBikinMan

WTF were they strip searching them for? This sounds crazy!

ParamountScapin 

Probably strip-searched them because they thought they could get away with it. The law expressly forbids strip searching except in the case where the likelyhood of a hidden weapon is considered to be "high". The only people high were the cops to think that they could do so without repercussions. Cost them quite a bit so far and it is not over yet.

Guest

Good!

KB

TandemGeek

This would be the story they are referring to and it appears as though the LA County Sheriff's Office (who operates the jails) instituted a pretty stupid "process" for handling ALL convention-related protestors that violated CA law-- regardless of why they were arrested -- once they reached the jail.

I'm not sure there is a "victory" for cyclist's rights here in so much that it is more of a reaffirmation that there is a right and a wrong way to treat people who have been arrested.

I guess I'd like to know more about the circumstances surrounding the demonstration, why it started out with police support and then degraded into a confrontation with the resulting arrests. Anyone recall the details or have links to "old" news that may have been archived?

----------------------------

(AP) LA County settles Democratic convention lawsuit over cyclists' arrests
Associated Press

LOS ANGELES -County supervisors voted 4-0 Tuesday to pay $2.7 million to settle a lawsuit by bicyclists whose civil rights allegedly were violated when they were arrested at the 2000 Democratic National Convention.

The vote follows a 4-1 decision last month to set aside the money to settle the suit filed because women cyclists were subjected to strip and body cavity searches in plain view along women's jail corridors, and men were denied telephone calls and access to medication.

The men were not strip searched, and the bicyclists were never charged.

Supervisor Gloria Molina, who was the lone dissenter in setting aside the money, was absent for Tuesday's vote.

California law states that no one arrested on a misdemeanor charge may be strip searched before arraignment unless the charge involves weapons, drugs or violent crime, or if there is a reasonable suspicion that the person is concealing a weapon or contraband substance.

Jail deputies changed procedures in 2001 to conform with state law.

The lawsuit was filed in Superior Court Nov. 9, 2001, and initially covered 57 bicyclists. On March 25, the cyclists' attorney Timothy J. Midgley, said the settlement would compensate 71 clients, 23 of them women.

The suit sought unspecified damages and a penalty of $25,000 per cyclist.

The women plaintiffs will receive $70,000 each and the men $5,000 each.

The bicyclists staged a ride through downtown on the second day of the Democratic National Convention as part of an effort to create a more bike-friendly environment.

Police said the cyclists were arrested after they ignored traffic laws, showed a disregard for safety, frightened pedestrians and nearly caused accidents. Cyclists said police blocked intersections for them and allowed the ride to proceed in an orderly fashion until suddenly changing tactics and arresting them.

SamDaBikinMan

I think all those cops should go to jail for at least a year each.

TandemGeek

The police officers that arrested the cyclists or the Sheriff's deputies (most likely female by the way) who violated Calif. State law after they arrived at the County Jail?

Prosody

I wonder if L.A. County will start seeing some female cyclists riding darned expensive bikes.

TandemGeek

Interesting reading -- but you need to read A LOT to find some balance.

https://www.google.com/search?hl=en&i...=Google+Search

On the whole, a few of the participants apparently "violated the rules of engagement" that were established for the original demonstration between the organizers and police. That set off a chain of events that subjected folks to a nightmareish experience with a criminal justice system in LA -- a system hardened to deal with real criminals that was unleashed on some well meaning folks who just showed up for a friendly ride.

Clearly, the system failed and compensation is certainly justified for the mistreatment that the cyclists who were arrested had to endure. I'm still a bit upset with regard to the behavior of a few cyclist/protestors whose actions appeared to be the catalyst that caused the police to alter their role from parade escort to containment and arrest mode. None of this excuses the conduct of the LAPD, LASO, and CHP but it does make me shake my head just the same -- a few bad apples is all it takes on both sides of the equation.

Pete Clark

Sometimes it takes a little shake-up to make the cockroaches scurry.

RAID!

(I'm going to go rent, "L.A. Confidential.")

Chris L

I agree. This is all about the way people are treated when they are arrested. Heck, around here it would be a step backwards. We desperately need more enforcement of basic laws to seriously increase cyclist safety. I'm not talking about people riding to a once in a blue-moon protest, I'm talking about the transportational cyclists riding to work every day and dealing with the sort of blind tosspots I have to deal with regularly.

DanFromDetroit

On the face of it, this seems to me to be a case of bureauacracy run amok. Some administrator decides that there should be a "standard" method for processing convention related arrests, and that method should include strip searches, and then some drone "just doing his job" carries out these ridiculous rules without engaging his brain.

Strip searching folks wearing Lycra is just plain stupid or worse, abusive. Cash doesn't fix the problem. Those responsible should be fired.

Dan

TandemGeek

Agree to a certain extent. However, again, I'd be curious to know what actually transpired in the County Jail that caused the Sheriffs to resort to the strip search. Again, there are two sides to every story, for every action there is a reaction. Something had to have happened when the female protestors arrived at County Lock-Up (Twin Towers) that caused the Sheriffs to invoke a strip search protocol. Again, it doesn't mean that it was necessarily justified but it would be nice to know if something was said, done or implied by a protestor or protestors to cause the search.

Just curious as to why you would think they were wearing lycra? Here is a link to some photos of Critical Mass' 10th Anniversary Ride in SF: https://sf.indymedia.org/news/2002/09/151907.php I would characterize the "eclectic" style of dress as normal for a Critical Mass event and would note that the % of cotton pants and shorts far outweigh lyca at these events.

I don't mean to sound like a broken record on all these various threads, but be careful not to assume too much about your fellow cyclists. Cyclists come in all shapes and sizes and have a variety of reasons for riding bicycles. Whether or not you agree with them isn't important -- understanding what they are and how their goals relate to your own before taking a position that is either for, against or neutral to your own is.

In the interest of pursing balance, here is a copy of the LAPD Press Release that provides their view of the events that led up to the arrests. If you wade through the stories on the links and links to links to the Google Search results I provided you'll find that the LAPD's account is corroborated by several sources, including some of the folks who were arrested.


LOS ANGELES POLICE DEPARTMET PRESS RELEASE
Wednesday, August 16, 2000
"Bicyclists Arrested for Reckless Driving"

Los Angeles: On August 15, 2000, at approximately 5:30 PM, a group, identified as "Critical
Mass" was scheduled to assemble at Pershing Square, ride to the Convention Center and then
return to Pershing Square. LAPD officers assigned to monitor the demonstration observed the
group of approximately 100 cyclists congregate at 5th Street and Flower Street, several blocks
from Pershing Square, their designated point of origin. The large group of bicyclists were
blocking the intersection and interfering with vehicular and pedestrian traffic. Officers ordered
the bicyclists to clear the intersection and move to the sidewalk.

After initially complying, one of the bicyclists yelled obscenities at the officers and waved the
other bicyclists to follow him. Los Angeles Police Officers, assigned to a Bike Detail, activated
their lights and siren in an attempt to stop the group. The bicyclists refused to comply and
instead, continued eastbound 6th Street to southbound Broadway Avenue, to westbound 7th
Street to northbound Figueroa Avenue, and then eastbound 6th to southbound Hope Street.
They spreaded out, occupying both the north and southbound lanes and center dividers. They
occupied east and westbound lanes, zig-zagging back and forth between vehicles and
pedestrians. Throughout this episode, they displayed a wanton disregard for public safety. The
bicyclists/demonstrators violated several Sections of the California Vehicle Code, including but
not limited to, 21650 VC - Failure to Ride on the Right Half of the Roadway, 21651(a) VC -
Riding Across a Divided Highway, 21650.1 VC - Failure of a Bicycle to Operate on a Highway
in the Same Direction as a Vehicle and 21453(a) VC - Failing to Stop at a Red Phase
Tri-Light.

Based on the seriousness of the violations and the actions of the protesters, the decision was
made to arrest the violators. Fifty-one individuals were arrested in the area of 18th Street and
Flower Avenue and twenty individuals in the area of Pico Boulevard and Hope Street. All,
except one, were booked for 23103(a) VC - Reckless Driving. The one juvenile, was cited and
released to his parents/guardians.

For information in regard to these arrests, please contact Media Relation Section at
213-485-3586.

This press release was prepared by Officer Eduardo Funes, Media Relations Section.

For Release 11:00 am PDT
August 16, 2000

hayneda

Of course we don't know all the facts here, but an unjustified strip search could reasonably be interpreted as sexual assualt. These women could pressure the district attorney to press criminal charges.

Dave

bac

Hey, you can strip search me, and perhaps do a bit of probing for $71k!

I'm joking, of course. Wow, I'm glad to hear that the LA County cops didn't get away with this type of behavior. However, given the new "Patriot Act", we may see more of this type of civil rights abuse.

DanFromDetroit

I mentioned the Lycra because I would probably be dressed in Lycra for a cycling event. Cycling and Lycra naturally seem to go together. Just a "knee-jerk" or stereotypical response, I guess.

The photos of the CM ride do show many with non-technical clothing, and it does look like a cool day. I still see lots of Polyester and Coolmax just the same.

All in all, the LA police department has even a worse reputation than the police where I live (noting that Detroit PD finds itself routinely on the wrong end of Federal investigations), so I am not inclined to give the LAPD the benefit of any doubt there might be.

Dan

TandemGeek

Again, I urge you all to please pay attention to the facts before you draw your conclusions... unless you are unconcerned with understanding what happened and perhaps why.

The strip search was conducted by the LA County Sheriff's deputies in the County Jail, not the LAPD.

The strip search protocol does not entail an invasive cavity search and is conducted by and in the presence of female deputies, e.g., in a strip search the person(s) being searched are instructed to remove their clothes and then to bend over and "spread-em" while the clothing is thoroughly gone through and then cataloged into evidence and sealed in an envelope. The detainees are then given inmate jumpsuits to wear.

As to whether or not the protocol was followed, I haven't found any data on that. However, since none of the materials makes specific reference to "in the presence of male deputies" I must assume they followed that part of the protocol otherwise it too would have been picked up given the inflamatory nature it would have carried.

DanFromDetroit

Thanks for pointing that out. At least where I live there is quite a bit of difference between the training and work experience of a city police officer and a Sheriff's deputy staffing a county jail.

For me I would be looking to see if these searches were indeed standard practice, done for everyone who passes through the doors of the County Jail or if the folks we are speaking of received "extra attention" because of their status as "protesters".

If they simply were given the same treatment everyone gets, and didn't like it, they should just avoid being arrested in the future and the problem is solved.

OTOH if they were singled out and given "special treatment" then the persons responsible for this have some explaining to do, in my view. If they can't explain their actions, they should be removed from their positions as unfit.

Dan

Guest

Still,

From what I understood, strip searches were not common for misdemeanor charges, regardless of same sex strip searches.

The most common type of search is a pat down, NOT a strip search. The fact that females were strip searched while men were not gives me reason to suspect there was more at work than simple procedure. I personally believe that women are commonly strip searched more than men because for women, strip searching is a (in my opinion) more degrading and humiliating act when performed on women- regardless if it's women strip searching women, or men strip searching women.

Are you kidding? A strip search of this magnitude is DEFINITELY AN INVASIVE CAVITY SEARCH... they ask you to bend over, THEN THEY INSERT THEIR FINGERS UP YOUR @SS AND VAGINA... how more invasive can that be? I certainly hope this is a typo on your part.

As someone who was forced to go through one of these strip searches for no reason other than for the laughs and kicks of the security (currently in a class action lawsuit over this), let me assure you that this is indeed a disgusting, physical assult- and I asserted this when I filed my complaint. Had I been a felon, I wouldn't have seen the problem- prisoners have their rights taken away from them- that is prison. BUT as an innocent person who happened to be passing by some security guards who had nothing better to do than harass myself and the women involved in my lawsuit, it is the worst thing that could possibly happen to you. I was never charged for anything, suspected of anything in particular, or put in custody. I was pulled aside, questioned for a very long time, then taken in a room and strip searched. After they laughed and smirked at me, they let me go. I suspect that this is EXACTLY what happened with these women. If so, they deserve way more than they got. $71,000 is not enough to dent the pockets of these perverts. They need to hurt like they hurt the people that they did this to, and in order for them to hurt, you have to hit them in the pocketbook, and hard.

But still, we are getting off the subject here. This was a critical mass demonstration, and I don't know the details. I listened to the news report someone posted, and either the media is very biased (I doubt it in this case), or the police got out of control and overreacted. I'm thinking they overreacted. Either way, they handled the situation badly- since when is ANYONE given a $20,000 bail for disturbing the peace? Even people who murder sometimes get less in bail! Sheesh!

LA police, LA County, etc. are all responsible. I personally hope the victims also brought on civil suits and named each of the perverts who participated in the strip searches so they can own these perverts houses by the time everything blows over.

Koffee

TandemGeek

No, that would be called a body cavity search which is invasive.

Guest

Why are they bending over then? To get some blood to their brain?

Bending over is the cavity search part. A strip search does not involve bending over unless there is a cavity search.

cbhungry

I don't care if the bicyclists were in the wrong or hurtling obsecnities, rocks, etc. .......the fact that only women were stripped search and not men shows that sexism is still rampant. These cops need to lose more than their jobs, they need to lose their gonads!

TandemGeek

No, a cavity search requires a search warrant and may only performed by medical personnel.

A body search (aka, a strip search when conducted on an unclothed person) can entail a visual inspection of body openings for the purpose of locating weapons or contraband. Most jails conduct a strip search of all prisoners as part of in-processing -- which also usually entails a shower and inspections for pre-existing injuries, body marks/scars, lice, etc....

Different jurisdictions have different rules that goven when such searches are authorized but these are the general definitions. California changed its laws for people charged with misdemeanor offenses.

belfast-biker

But men... enjoy it?