Judge Says Bikers Don't Need Permit

2006_01_critmass.jpgBicyclists and Critical Mass supporters rejoice! Judge Gerald Harris ruled that the city's claim Critical Mass bike rides require permits is "overly broad" and "unconstitutional on its face." Newsday reports that Harris was deciding over the January 2005 arrests of eight bicyclists that occured near Union Square. Ever since the August 2004 ride, right before the Republican National Convention, bicyclists and the NYPD have clashed, with many bikers being arrested. The NYPD claims the bike rides disturb traffic and the peace - and that the rides require permits (that the city would never grant) - while bikers say the rides are spontaneous (spontaneously occuring at the same time each month) and help encourage alternative means of transportation. Now, because this ruling was in criminal court, it does not bind the city to immediately stop its campaign against Critical Mass rides. And the eight bikers were still found guilty of disorderly conduct.

In October 2004, a judge ruled that a Critical Mass ride could go on. And a Gothamist post on the legalities of bike protests.

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Comments (9) [rss]

Typo: You meant "unconstitutional on its face."

IMO, this is good news. The idea that Permit is needs for Bicycles but not Motorcycle runs is somewhat discriminitory...

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Dur, thanks S.D.

And I wonder what the city will come back with, especially after the transit strike - for them to complain about bike riding would be stupid.

No Worries.
;-)

I think they'll just keep using "Disorderly Conduct" arrests. It seems to me that Mayor Bloomberg has one hell of a Vendetta against Bikers.

Well, the Cops I've talked to thought this was a big waste of time and resources. Granted it was only 3 cops, but I bet it reflects what many think.

In any case, Giving a Cop a hard time while they are doing their job isn't a good idea.

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If C.M. ceases to be a bust every month, my life will be good again. Ride or die!

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I just wish that they would obey the traffic laws. If they are trying to promote bicycles as a form of transit, they can at least respect the traffic signals and allow pedestrians to cross the street.

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oh, the drama.

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I'd love to see someone calculate the amount of money NYPD blows on critical mass every month -- one helicopter, a dozen or more scooter cops and the lockups being just the tip of the iceberg probably. Your tax dollars, citizens.

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Schwarzenegger rides a real bike and he don't even have a license. What's worst, he's the governor.

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