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1:30 pm
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Judge: City Can't Stop Critical Mass Ride
posted: 9:28 PM, February 15, 2006
by Sarah Ferguson
A judge today threw another monkey wrench in New York City's effort to stop the Critical Mass bike rides. In a 24-page ruling issued late Wednesday morning, New York Supreme Court Justice Michael D. Stallman rejected the city's motion for a preliminary injunction to bar people from going on the monthly rides and gathering in Union Square without permits. He also rejected the city's effort to prevent groups like Times Up! from promoting Critical Mass, unless there's a permit for the event. Although Stallman didn't dismiss the city's lawsuit, he said the arguments the city has presented thus far were unlikely to prevail. The city's law department immediately announced it would appeal the decision. "We intend to appeal this ruling, because we do not believe that public safety, the law, or common sense have been well served by the Court's denial of our request for a preliminary injunction," said city attorney Gabriel Taussig in a press statement. But lawyers for the cyclists, who previously battled back the city's efforts to obtain an injunction against the rides in federal court, were roundly pleased. "Hopefully this ruling will bring a dose of reality to the city, that they can't continue to demand a permit for the ride," said civil libertarian Norman Siegel, who's part of the legal team defending Critical Mass. Last month, a lower court refused to convict cyclists on charges of parading without a permit, terming the whole permitting scheme unconstitutional. The city is now appealing that ruling, too. In his decision Wednesday, Judge Stallman argued that the city's laws governing parades and processions are both vaguely defined and perhaps incompatible with an open and ad hoc event like Critical Mass, which has no leaders and no set route or destination. "New Yorkers commuting over the Brooklyn Bridge during the transit strike could be considered `bicycling en masse' and affecting vehicular traffic," he noted. At the same time, Judge Stallman took a dig at cyclists' claims that Critical Mass rides should be treated as "ordinary traffic," calling that argument "at best curious and at worst, disingenuous." Yet an injunction, he noted, wouldn't necessarily stop the rides and could instead flood the court with people facing contempt of court -- a misdemeanor charge punishable by up to a year in jail. (By contrast, the "parading without a permit" charge is a low-level violation punishable by 10 days max.) Rather than criminalize the ride, Stallman urged both sides to just find a way to work it out. "Mutual de-escalation of rhetoric and conduct, and a conciliatory attitude, may help the parties and the Critical Mass riders resolve the litigation and arrive at a workable modus vivendi," he wrote. The big question, of course, is how the NYPD will interpret this decision when it comes to policing the next big Critical Mass, on Friday, February 24. Stallman's ruling doesn't do anything to stop the cops from making arrests, though lawyers for the cyclists said it would be "bad faith" for the city to continue charging people for "parading without a permit." "They can do whatever they want. Whether it's legal or even reasonable is even more up for grabs," said defense attorney Gideon Oliver, who is now demanding that the District Attorney's office drop all permit charges pending against cyclists. NYPD Deputy Commissioner Paul J. Browne weighed in with this statement:
"Nothing in the decision prevents the police from arresting individuals who block intersections or otherwise break the law. Also, the Police Department offered long ago to work with the organizers to ensure a safe ride in which police would stop vehicular traffic at intersections so bicyclists could proceed without stopping along the route, while, conversely, holding bicyclists at intersections to allow ambulances and other emergencies vehicles to proceed or to alleviate bottlenecks. It was rejected but the offer stands."
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Comments
Great news!
Though I have a few words for NYPD Dep. Commissioner Browne: I was arrested for following the law. I stopped at red lights and yet was punished.
CM stops for ambulances and let them through (yes, even the fake ones you send through), while every day, millions of cars delay ambulances.
Finally, you will not be able to negotiate with any "leaders" because there are none. Nobody is my "leader" when I ride to work everyday, and thus no one leads Critical Mass because it is at base, the same thing.
What you don't understand is that I have the equal legal right, and arguably, more of a moral right to the roads as do cars. The fact that I am on two wheels instead of four is irrelevant to the matters at hand.
I do not need your permission to ride my bike, and thus will never ask you, because it is not yours to give.
Posted by: anon-y-mouse at February 15, 2006 9:41 PM
this whole bike situation is ridiculous! when will the city stop treating cyclists as criminals? people on bikes are NO different than people in cars as far as the rights of the road go. the difference is that the people on bikes take up LESS room on the road and cause less delays than the people in the cars do. not to mention those of us that ride are bikes are not polluting with and exhaust. rather we have to suck in a lot of exhaust during our commutes. if the cops are arresting people congregating in union square and riding on from there, why aren't they also arresting motorists that are congregating on the other side of the lincoln and holland tunnels and arresting them for parading without a permit? it's exactly the same thing. and the argument that bicyclists are dangerous because they don't obey traffic laws may have merit, but most drivers in this city also do not obey traffic laws. if i had a dollar for every asshole parked in a bike lane or for every time i've almost ridden into the back of an automobile because the driver doesn't think using his turn signal is neccessary i'd be a rich man by now. every time i see a car parked in a bike lane i just want to reach out my hand and rip off the side mirror as i go by. why don't city officials concentrate there efforts on what is really causing all the congestion in this city streets which are the cars and not the bikes. at least it seems like there are a couple of judges in this city who are thinking clearly on this issue. i only wish the cops and other city officials would follow suit instead of trying to appeal what have been very sound and sensible judgements in favor of those of us who are trying to help the environment and ourselves by riding our bikes. i hope the cops at least take a few more scooter driving lessons before the next time they try to chase down some innocent citizens on their bikes. it might cut down on the injuries they cause to themselves and others from their wreckless driving. seriously, what is the nypd thinking? oh, wait...they're not.
Posted by: joe at February 16, 2006 10:39 AM
WOO HOO!
Thanks Norman, Gideon, Times Up!, and all the other groups and cyclists that fight for the little space that we cyclists have on NYC streets!
see you in court!
Posted by: k at February 17, 2006 1:05 AM
This court decision is a loss for the city but going back to the staus quo of CM under Times Up is no victory for gothams cyclists.
Posted by: harris silver at February 18, 2006 9:27 AM
Congratulations, New York Critical Mass!!
We continue to root for you!
Sincerely,
San Francisco Critical Mass
Posted by: San Francisco Critical Mass at February 22, 2006 12:56 AM
a victory for cyclists is a victory for cyclists regardless of who is involved!!!! besides, as has been made abundantly clear in judge stallman's decison and postings to previous power plays articles, critical is not "under" time's up!. critical mass is leaderless and will remain so.
Posted by: gotham realist at February 25, 2006 5:14 PM