Cops Don't Care About Wheel Numbers, Ticket Unicyclist
It's no secret that the city's cops aren't huge fans of cyclists. However, usually that hatred has been focused on salmoning bicyclists, not unicyclists who would do about as much damage as a jogger. Kyle Petersen (aka the Brooklyn Juggler) sent us this email yesterday, detailing a run in with the law that he claims left him with a criminal summons, even when he says he broke no law at all:
I am a professional circus performer, I was issued a disorderly conduct ticket for riding my unicycle on the sidewalk last Tuesday at 7:55pm. Upon being pulled over (yes, it felt weird being pulled over while riding a unicycle), the officer took my identification and began issuing a summons. I informed him that I had previously been summoned for unicycle on the sidewalk, and it had been tossed out because the statute as written does not apply to unicycles, only bicycles and tricycles. He then cited me for disorderly conduct, saying it was for "obstructing pedestrian traffic". However, there were no pedestrians in the vicinity. When I told this to the officer, he said "I could have written you up for a lot of things", and that "this is what the precinct is having us do".
While what I did can only reasonably be construed as a moving violation, I was issued a criminal summons. The reason I was issued disorderly conduct is because there is no statute that pertains to riding unicycle on the sidewalk, so I was cited instead with a criminal violation. Basically, they issued a disorderly charge because I was not breaking any laws, but they wanted to issue me a ticket anyway.
I am writing you because I think my plight shows the extreme length the NYPD is going in their war against cyclists. This type of behavior from New York Police Department is unacceptable, and should be brought to light. I am not the first to be issued a disorderly conduct charge while cycling (though I may or may not be the first to be issued a disorderly while riding a unicycle), and I won't be the last either. Disorderly conduct is a misdemeanor and is punishable by fines, jail time, and community service. It has the potential to impact my future employment, and could remain a permanent blight on my criminal record. It is absurd that I am facing a criminal court, as I was technically in violation of no laws.
He's right about that statute: in the law banning cyclists from the sidewalk, "The term "bicycle" shall mean a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by a child." And even those kids get dangerous!
Sgt. Hayes at the NYPD explained, "The definition of a bicycle is irrelevant in this case because the summons was issued for 'obstructing pedestrian traffic', not for riding a unicycle," and said that, "summonses are issued for violations. Misdemeanors and felonies are crimes, which are higher (and more serious) than a violation." However, there seems to be no specific policy regarding how to deal with unicyclists. In related news, check out this video of the New York Unicycle Club sticking it to The Man and cycling outside of Grant's Tomb.
Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.
NYS PL 240.20 Disorderly conduct. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: He obstructs vehicular or pedestrian traffic. (Disorderly conduct is a violation.)
CaptainWillard
If you read the above, all that needs to occur is to have a RISK of recklessly obstructing pedestrian traffic. I'd say thats for the officer to explain, and for a Judge to decide (he'll take into account time of day, location, etc). The officer had to get creative, because as everyone pointed out, there is a loophole in the law and the normal "riding on the sidewalk" statue does not apply. While the Disorderly Conduct summons is a pain in the butt because it is Criminal Court (still only a violation, not a "criminal misdemeanor"), I would not say it is outright wrong for the officer to write it like that.
kazubes
So is Gothamist now officially a space for New Yorkers to post their one sided complaints about getting tickets? Or is this only posted because its a cycle issue?
In other breaking news, a driver was ticketed for double parking but there were no other cars on the street that he was impeding, this is so unfair...those damn quotas!!!
NO ONE CARES
ckl
i care
so you are wrong.
fishfajitas
Another bull$hit "crime fighting tool" instituted by the brass to show that their troops are productive. Crime is up, go write some BS summons.
jules1000
do not ride a wheel on the sidewalk.
the end.
potsmoker
this story is inteesting, but im sure as a media savvy goofy white guy on a unicycle he gets press, but thousands of underprivledged disenfranchised minorities get the shaft everyday in nyc by way of tickets, violations, and misD arrests.
the funny thing is he refused a miswritten ticket and opted for recevieving a criminal summons for DC. which technically as the statue is vaguely written he committed the crime and should do the time. it will cost time time and money to fight or he can plead to Community service type plea.
and he will meet dozens of minorities and uninformed who plead guilty to silly no victim crimes and they will be doing their CS bid in some high falutin park usually not servicing the community where the guilty come from.
so you go white guy, you will make your park beutiful and have help from the darkies who are chewed up by the system to keep your hood clean.
should you go that route you should insist on servicing a community of color that really needs help.
Kyle
I didn't refuse a miswritten ticket. I pointed out to the officer that unicycles aren't covered in the traffic code. I'd love to refuse a ticket, but as far as I know, you're not allowed to refuse tickets.
Yes, I am a white guy, and I realize that I'm not special or unique for being harassed by the police with frivolous tickets. I live in Crown Heights, 77th Precinct, and I see the police issue BS summonses all the time. I see them stop and frisk law-abiding citizens for hanging out in front of the wrong building, or wearing the wrong color jacket.
The police spent 20 minutes issuing me a bogus ticket that they told me "would probably be dismissed" at 8pm in Crown Heights. It's a misuse of police resources. It's a waste. It causes distrust and strains within the community. Ask the average person on the street in Crown Heights what they think of NYPD and you're sure to be on the receiving end of an expletive-laced tirade. We have real problems in this neighborhood. Problems that cannot be solved by issuing bogus citations to our citizens.
This is why I came forward with my story. My story is only unique because I was riding a unicycle, and that's why the story landed in Gothamist. But it exposes the abusive practices of NYPD, especially in particular precincts. Cops in crime-ridden districts should be focused on reducing crime. As of right now, cops in Crown Heights have an adversarial relationship with the public. Once they begin to address the needs of the community (rather than continue their campaign of harassment) they will gain the trust and respect of the neighborhood.
Dogsbody
Wow, you are right, this whole story is about race.
PTG in nyc
Although this situation is quite odd and unique, Kyle Petersen is still taking more than his fair share of shit from the Gothamist tribe.
Overall I like his use of a technicality when it comes to the obscure law surrounding "cyclists," even though I don't prefer any wheels whatsoever on the sidewalk. I understand the haters and all, but the cops are pigs and the BS he is dealing with might be insignificant in the long run, yet still very annoying and deserving of sympathy.
People do non-normal things in nyc, and a unicyclist taking shit from the pigs shouldn't be deserving of getting scolded by other people that appreciate the oddness of nyc. Especially because he's already been to court in the past and won the battle. When I had a speeding ticket thrown out by a judge 5 years ago because the cop misquoted the day, it was pure bliss.
JacqueMehoff
All this talk about the circus got that Big Apple circus jingle stuck in my head. no seats are farther than 50ft from the ring and it's back in town.
robindustry
NYC Cops should have to patrol on bicycles. Unicycles would even be better. It's more efficient. Think how in shape they would be! Whenever I see a patrol car pulling into a park walkway or idling in a bike line I get an awful wasteful disgusting feeling in my gut.
JacqueMehoff
Should the unicyclist also had front and rear lights and reflectors? I'm guessing those were the tickets the cop wanted to write him up for. you know, to bust chops.
but it will balance out in the end, but what does that mean? It could mean anything such as, the ticket will get thrown out or something else. The universe is crazy, man.
thefacts
You're a "professional circus performer"? What do you do there, Bozo? Let me guess?
Stay off our sidewalks. You look a lot older than 14.
Maybe you'd do better as a shyster lawyer, the way you parse the law with your lame sophistry.
HairyG
Circus performing is an art. I'll bet this guy is way more talented than you are.
thefacts
I bet you lose.
Kyle
Yes, I am a circus performer. I make people happy for a living. I've never done anyone any harm. I wonder why you feel that is so far beneath you. What do you do for a living, may I ask? You must be of one of those noble professions, like a special ed teacher or a missionary.
However, I am flattered that you think I'd be a good lawyer! I know enough that it's an abuse of police power to issue misdemeanors for moving violations.
PS. The photo is a stock photo, it is not of me. I am in my mid 20s, but I actually do look like I'm 14.
Thank you for your interest in my story,
Kyle
squatch
you riding that unicycle on a sidewalk, a place that a unicycle has no business being, makes me and everyone else UNHAPPY. stay off of the sidewalk.
thefacts
Just because you look like 14, doesn't mean you must act like it.
There are bike lanes. Use them.
Spirit of 76
You are new to Gothamist, so you wouldn't know that "thefacts" is our resident bike-hater par excellence. Anything having to do with bikes or bike lanes, he'll come out and rant and rail against. You can get a taste of that here. Just be aware that that taste of "thefacts" can only be eliminated by gargling with sulfuric acid.
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