Bicyclists Sue NYPD Over 2004 Critical Mass Arrests

People may be talking the 2008 Presidential election, but when it comes to NYC, the aftermath of the 2004 Republican National Convention is still being felt. It was right before the convention when the NYPD arrested over 200 bicyclists during the August 2004 Critical Mass ride, starting more heated of NYPD vs. Critical Mass clashes.

Yesterday, a number of bicyclists sued the city over their arrests during the October 2004 Critical Mass ride. The city tried to block the ride by demanding the unorganized ride needed a permit, but a judge ruled the ride could go on and that the police could not seize bikes ("as long as the owners have not been charged with anything and unattended bikes do not block vehicles or pedestrians"). Still, 33 people were arrested, and 15 are now plaintiffs against the NYPD and city.

onNYTurf has the 39-page PDF of the lawsuit and summarizes some of the charges, including the creation of false information provided to the DA's office, failing to turn over exculpatory evidence, and lacking probable cause to continue the criminal proceedings. The plaintiffs are each demanding $5 million in damages.

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By Jen Chung in News on October 30, 2007 4:16 PM

Comments [rss]

ArtimusGone

Police state? Seriously? I'm pulling for these cyclists as much as the next guy, and I think NYPD was a squad car length over the line of acceptable behavior during the 2004 critical mass, and every mass thereafter. But a few arrests does not a police state make. Keep in mind that the Judicial branch has historically been on the cyclists' side in this case. Please travel abroad to a country living under actual police rule, find someone there and tell them you're living in a police state. They'll laugh you to the curb, or punch you in the mouth.

williambklyn

People need to stop mixing issues. What does the fact that SOME of the thousands of cyclists in New York ride recklessly have to do with this lawsuit? As a cyclist who went through a year of court after being arrested in Critical Mass, I take offense to all the attention that's being given to the reckless cyclist issue, as if it's any more noteworthy than reckless driver or pedestrians who cause accidents.

VanessaNYC

Good luck to the bikers. The police are thugs.

RatherBeBiking

This case is totally justified!

To echo the reckless cyclists issue : As I was riding down 5th avenue half an hour ago (admittedly very unpleasant) some dude was zooming down the sidewalk to avoid traffic, putting pedestrians in danger. I yelled at him to get off the sidewalk, but he had headphones on.

Murray Hillster

Good for the bikers, and good luck to them.

From an earlier Gothamist post: "There was a van projecting a recorded voice saying that riders must follow a certain route and if they deviated, they would be arrested."

What is this, a police state? While I've never taken part in Critical Mass, I've taken part in many large bike rides in the city (e.g., 5 Boro Bike Tour, New York Century, etc.) and people are constantly deviating from the route for any number of reasons. It's almost impossible to imagine that these riders would be arrested for simply diverging from the ride.

Of course, the police don't do that on these other rides, despite the fact that they too cause "massive disruptions," which was the predicate for the arrests according to Deputy Police Commissioner Paul Browne.

This is what the 14th Amendment is all about, and plaintiffs note that it was violated in the Complaint.

montag007

actually its $10m per person + legal fees, page 38:

"Judgment in the sum of five million dollars ($5,000,000.00) in compensatory damages and five million dollars ($5,000,000.00) in punitive damages"

and with 15 plaintiffs that's a cool $150 million for harassing some bikers...

not too sure how far this will go, if the city had to pay $10m for every illegal arrest the NYPD made the city would already be bankrupt...

interlard

I agree that many bikers I see are reckless, but if these charges are true, the police are in the wrong and city must pay for those wrongs. If it takes $5 million each then it takes $5 million each.

We shouldn't be living in a police state when a bunch of licensed thugs in uniform get to intimidate and assault us based on their personal dislike or a political motive to crush democratic demonstration. This isn't Burma (not last time I checked).

Maybe Bloomie can ask his rich Republican friends to pay the $millions. Next time they can hold their convention in Iraq.

Snoopy

I've seen enough reckless bikers in New York to say that they are at least half to blame for their demise. When there is a conflict between biker and auto the biker takes a holier than thou attitude. Unfortunately in a one to one clash, auto wins, biker loses.

mihow

Perhaps the police should try arresting some of the drivers recklessly killing bicyclists. But, nope. Not in NY. In NY it always seems to be the biker's fault for being run down and killed by a car.