NYPD Seeks Injunction to Stop Critical Mass

[Jym Dyer]

[Also Posted to critical-mass]

=v= Today the New York City police filed a request for an
injunction to stop this Friday's Critical Mass ride. Documents
uploaded to the "Files" section of the CM Yahoo! Group:

http://groups.yahoo.com/group/critical-mass/

(you must subscribe to the group to read them) and to the
the NYC Indymedia site (no subscription necessary):

http://nyc.indymedia.org/newswire/display/128198/

=v= This was in part a response to a previous request for an
injunction to stop the police from cutting locks and seizing
bikes, which they have done during the last two Critical Mass
rides in New York City.

=v= My personal take on this is that the requests are full of
lies. The August Critical Mass was huge because it was a few
days before the Republican National Convention. They NYPD made
indiscriminate mass arrests and are now attacking the ride to
make it seem as if they had a nonpolitical reason to.

=v= The ride sizes in the timeline they depict is inaccurate, as
are the claims about impact on traffic and emergency vehicles.
<_Jym_>

[DougH]

Arrest these stupid assholes, and keep them off the streets, they give all
bicycle riders a bad name.
Shallow morons.

"Jym Dyer" > wrote in message
...
> [Also Posted to critical-mass]
>
> =v= Today the New York City police filed a request for an
> injunction to stop this Friday's Critical Mass ride. Documents
> uploaded to the "Files" section of the CM Yahoo! Group:
>
> http://groups.yahoo.com/group/critical-mass/
>
> (you must subscribe to the group to read them) and to the
> the NYC Indymedia site (no subscription necessary):
>
> http://nyc.indymedia.org/newswire/display/128198/
>
> =v= This was in part a response to a previous request for an
> injunction to stop the police from cutting locks and seizing
> bikes, which they have done during the last two Critical Mass
> rides in New York City.
>
> =v= My personal take on this is that the requests are full of
> lies. The August Critical Mass was huge because it was a few
> days before the Republican National Convention. They NYPD made
> indiscriminate mass arrests and are now attacking the ride to
> make it seem as if they had a nonpolitical reason to.
>
> =v= The ride sizes in the timeline they depict is inaccurate, as
> are the claims about impact on traffic and emergency vehicles.
> <_Jym_>

[Jym Dyer]

=v= The documents on the NYC Indymedia site weren't working
out, so here's a new version of the article with a pointer
to the documents:

http://nyc.indymedia.org/feature/display/128206/index.php

<_Jym_>

[Bill Z.]

Jym Dyer > writes:

> =v= The documents on the NYC Indymedia site weren't working
> out, so here's a new version of the article with a pointer
> to the documents:
>
> http://nyc.indymedia.org/feature/display/128206/index.php
>
> <_Jym_>

The article asks, "Can the NYPD arrest drivers who drive in a
procession?" Don't know about NY, but if it is similar to
California, it would have a law like the following section of
the California vehicle code:

21100. Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
(a) Regulating or prohibiting processions or assemblages on the
highways.

The question is whether "critical mass" is a procession or assemblage,
or if it is just traffic. I guess it depends in part on whether
people try to stay together or are just riding from a starting point
to a destination independently of each other. The vehicle code does
not seem to require that someone be in charge of a group.

Proving that an individual is part of a critical mass ride would not
be easy. Being on a bike should not suffice, since someone may have
simply arrived at about the same time. E.g., if you were riding
along Market Street to get to the Civic Center just as a critical
mass ride went through, and ended up in the group, you would not
be in a parade, procession, or assemblage any more than a motor
vehicle at the same circumstances.

--
My real name backwards: nemuaZ lliB

[Jym Dyer]

=v= The ruling has come down: NO injunction against
Critical Mass. See you all this Friday!
<_Jym_>

(Well, not *all* of you, and some of you only in spirit,
but you get the idea.)

[Jym Dyer]

> The question is whether "critical mass" is a procession
> or assemblage, or if it is just traffic.

=v= New York City law is quite complicated on this matter (and
indeed the city's legal staff were flummoxed at the hearing
yesterday and had to concede that a certain state law did not
apply in the city). The Administrative Code prohibits a
"parade," "procession," or "race" without a permit, but does
not define these terms. The Regulatory Code defines them,
circularly, as events requiring permits.

=v= Two paragraphs later, though, a "demonstration" is defined
separately, and Critical Mass fits this definition much better.
The judge mentioned First Amendment rights in his ruling today
(declining the request for injunction).
<_Jym_>

[Jym Dyer]

> The question is whether "critical mass" is a procession
> or assemblage, or if it is just traffic.

=v= New York City law is quite complicated on this matter (and
indeed the city's legal staff were flummoxed at the hearing
yesterday and had to concede that a certain state law did not
apply in the city). The Administrative Code prohibits a
"parade," "procession," or "race" without a permit, but does
not define these terms. The City Rules define them, circularly,
as events requiring permits.

=v= Two paragraphs later, though, a "demonstration" is defined
separately, and Critical Mass fits this definition much better.
The judge did mention First Amendment rights in his ruling
(declining the request for injunction).
<_Jym_>