Cyclists Vs. Cops: City Sued Over "Parade Rules" at Critical Mass

A trial challenging the NYPD's classification of group bicycle rides like Critical Mass as "parades" kicked off today in United States District Court in Manhattan. Two years ago, the NYPD began enforcing a controversial new rule that requires groups of 50 or more to apply for permits when taking to the streets for processions, races and protests. The new policy gave legal legitimacy to a police crackdown on the monthly Critical Mass bicycle rides, which have been a source of tension between cyclists and cops since the Republican convention in 2004.

A coalition of riders and advocacy groups, including Time's Up! and the Five Borough Bike Club, say that the rule violates their First Amendment right of assembly; they also argue that the NYPD has been selectively enforcing traffic laws and harassing cyclists in violation of the 14th Amendment. (Similar rides in Brooklyn, for example, are more tolerated by police.) And Times Up! contends that testimony given during depositions of high-ranking officers prove that Commissioner Ray Kelly’s allegations against Critical Mass bicycle riders "were made without credible evidence, based on information from unknown sources and used to rationalize the NYPD’s multi-million dollar campaign to follow, ticket, and intimidate Critical Mass bicycle riders every month."

Transcripts of the depositions are here, and Times Up! has also excerpted some of the testimony. Bill DiPaola, the director of Time’s Up!, tells City Room, "It’s not so much because we think we’re going to win this trial, but we want people to review the evidence." When the lawsuit was first announced, Ed DeFreitas, president of the Five Borough Bike Club, explained, "Suing city government is not one of the ordinary roles of the 5BBC. But organizing group bicycle rides is. The NYPD’s parade rules essentially outlaw large bike rides, under the dubious claim that bicycle rides are a danger to public health and safety."

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Comments (8) [rss]

Is anyone else longing for an MTV-style death match of the NYPD vs Critical Mass?

Is anything being done about the critical mass of cars in midtown almost every single day? It's 100s or 1,000s of cars taking up the whole road.

I stopped riding my bike when I was 15.

I guess that explains why you're no Lance Armstrong.

The NYPD are total scumbags on this. The minute they thought that they were being challenged they retaliated in the only way they know how - bogus tickets and strongarming. Remember the asshole NYPD who pushed the guy off his bike and then LIED about it. If someone had not filmed it, it would NEVER have come to light. The NYPD have GOT to be brought to heel because they are corrupt power hungry bullies. But we have to remember that they are a quasi-military org, so they are just FOLLOWING ORDERS from the bigger scumbags above them.

Been out in the sun too long, eh? Hope you weren't wearing any hair gel under that shiny hat of yours...

I just wish I could ride to work without having to dodge parked cop cars in bike lanes.

I ride a bike, and I can't stand critical mass. All of you who say it is making a statement, etc., you're all delusional. It seems that a majority of those who participate in critical mass just want an excuse to drink in public, confront/antagonize drivers and pedestrians, and participate in general disobedience.

Similar to PETA, critical mass does a disservice to the cause.

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