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NYPD Seeks Injunction to Stop Critical Mass
[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_ |
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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_ |
#3
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=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/dis...8206/index.php _Jym_ |
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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/dis...8206/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 |
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=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.) |
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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_ |
#7
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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_ |
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