Oops. I posted my comment on the current controversy concerning running red lights under the wrong venue. It should have been posted under the entries on the ticketing of riders in Central Park. Sorry!

Right now at 10:50 am on 820 AM

"Christian wrote: ""...if it becomes case law in NY state that group rides require a parade permit, lots of rides (not just CM) would be affected. Yet again, an example of the unintended consequences for other cyclists of the scofflaw behavior of CM.""

Christian, you're getting ahead of yourself. First, you speculate on the outcome of the parade permit issue. Then you conclude that that supposed outcome will harm everyone. You finish by passing negative judgment everyone associated with Critical Mass, whose now-recognized First Amendment speech rights you tarnish as ""scofflaw behavior."" This line of argument would not succeed before Judge Pauley.

Let's back up a bit. First, I keep hearing over and over about how Critical Mass is making the streets less safe for everyone, is making trouble for those content to keep their heads down and their noses clean. In short, these folks say, Critical Mass is not in ""our"" interests--as if they had the authority to represent the true interests of every cyclist in New York City.

But the conclusion drawn is based on a fallacy: the unproven assertion that CM is making the streets less safe. For the dozens of times this canard has been uttered recently, not once has a speaker pointed to a specific instance in which this appeared to be the case.

My daily commuting experience suggests that the contrary is taking place--that drivers are becoming more aware of the presence of cyclists and our right to use the streets. (Which Judge Pauley did us the favor of enshrining in his decision--a very positive precedent.)

For instance, in the last two days that the CM issue has been in the news, I have had cabbies apologize to me twice--one who was slowly nosing onto a crowded street from a parking garage in Times Square, almost blocking my way, and another last night who was picking up a fare in the bike lane by the Kmart on Fourth Ave. As drivers who are more closely regulated than private cars, cabbies are a leading indicator of what is deemed acceptable behavior on the NYC streets.

In terms of incendiary actions that inflame the public's attitude toward cyclists, it's hard to beat Commissioner Kelly's opinion page in yesterday's Daily News. Yesterday morning, a car swerved angrily around me as I passed a double-parked truck; I could see the passenger clucking her tongue in approbation. Coincidence? (BTW, I appreciated the articulate and principled letter to the editor that you sent in response to Kelly's column.)

In short, the “making the streets unsafe” argument so far is speculative and unsubstantiated. (Alas, what its partisans lack in concrete evidence, they often make up for in vehemence.) It’s used as a kind of “moral injunction” that seeks to prevent people from participating in or even supporting Critical Mass.

However, as Judge Pauley wrote in his decision, a speculative wrong is insufficient evidence to enjoin people from engaging in protected First Amendment activity.

Are there other problems that need to be ironed out with respect to the Critical Mass rides? Sure. Is everyone who participates in them is a selfish, uneducated scofflaw? Please. There are all kinds of people, from accomplished lawyers and authors to students, dedicated activists, and regular working people, even corporate drones like me.

Judge Pauley’s decision indicates some of the problems that exist and conflicting interests that need to be worked out--in the courts and on the streets. But the most important victory for cyclists was the judge’s acknowledgement of the public import of the concept of Critical Mass, and cyclists’ fundamental right to “expressive association” and to use of city streets.

7pm TONIGHT, Union Square Park.




"

http://www.nytimes.com/2004/10/29/nyregion/29bike.html

this ride has been going on for a long time with no problems. if you have ridden it than you would know that. only now with the sudden deluge of press and controversy does it give the city an oppurtunity to enact policy which achieves no long term goals nor provides a platfrom for progress for either side.

critical mass is a monthly expression. can the traffic of NYC not tolerate it once a month?

I just came back from Union Square Park. There are lots of cops. The cops blocking traffic, running red lights, standing en masse on the sidewalks are wreaking far more havoc than any group of cyclists could ever hope to.

"very judgemental

rode CM as always tonight. not sure what ones idea is of ""representing cyclists"" though think that all people who ride bicycles are ""cyclists""; those who take the time to join in a group ride, who commute to work, who ride centuries or deliver packages are all ""cyclists"", if a group must be defined.

CM is a fantastic snapshot of all those who enjoy riding a bike.

as far as people screaming, yeah, it happens at every CM ride. never have i heard people being overtly rude. to the contrary pedastrians were cheering from the streets, from out windows, and even from cars. we appreciate it.

of course there were those who are opposed the ride. called a ""transportational terrorist"" by a gentlemen in a silver Volvo. but you cant please everyone.

it would appear that this discussion is very much between people who have not participated in the ride to date, or have only recently tagged along since all the police escorts have arrived. some open mindedness and experience might help. isnt that one of the reasons that we all ride bikes anyway?"

"It was another memorable, largely positive Critical Mass. The fuzz was out in force at Union Square when I arrived, but many police officers looked me in the eye with pretty friendly expressions. In fact, the skirt of my bubble wrap dress got caught on some tape holding more bubble wrap to my fender, and one of the cops helped me separate them. I am certain that most if not all of the rank-and-file would prefer a genial Mass to a hateful one.

Riding up Park Ave. many of the cops looked rather amused. I was at the very front, where we kept slowing down to let more people catch up with us. At intersections where the police clearly didn't want the Mass to go, like the 33rd St. viaduct, they stationed a dozen or so scooters and stood there with arms folded. The route through Midtown was pretty well under police control, and the drivers behaved. But oddly, the group became attenuated somewhere around Seventh Ave. and no cops were to be seen at any of the intersections. Considering the hundreds massed at Union Square, and their imperative that we strictly follow their route, where were they?

At some intersections, riders were confused as to where they should go. On Park Ave., the riders I was with actually stopped and waited for more people to catch up in order to figure out what the “correct” route was before proceeding; a few people peeled off at around 49th Street, but no one followed them. Riders were trying to do the right thing; I’ve heard of a couple of instances of riders being led OFF the route by scooter cops and then arrested.

At the unattended intersections on Seventh Ave., cyclists were corking, and in some of them drivers became impatient and busted through. Now THAT was getting out of control. And since I was then pretty close to the front of the ride, they couldn't have been waiting more than a couple of minutes.

Judge Pauley needs to be made aware that out-of-control DRIVERS are the biggest hazard on Critical Masses. Just as they are every other hour of the day.

So it was mostly a pretty mellow ride that I enjoyed. Some of my favorite costumes included two clowns on a tandem; a kid wearing handcuffs and gag; a guy in prisoner's stripes; pedicab phenom Peter Meitzler's groooovy velvet suit with ruffled shirt and oversized Austin Powers eyeglasses; some cool pirates; a Bush/Pinocchio getup; a Stingray-type bike with a boom box set between the handlebars, blaring punk rock; a lovely young girl with horrific buck teeth; variously disfigured young men screaming at women on the sidewalk, who squealed with excitement. People really liked my bubble wrap, and everyone wanted to pop it. I got a lot of surreptitious hugs.

At about 8:40, I was coming down Seventh Ave. when people started riding in the opposite direction. ""Turn back, turn back!"" they called. The same thing happened to me in September on 36th St., where the arrests were made. People now are afraid of being trapped and netted by the police, so they fragment when they see something suspicious ahead. I followed a splinter group over to Sixth and headed north. I stopped to ask some cyclists in the bike lane what happened, when a black car approached with lights flashing and siren wailing, so we moved ahead. (What were we doing wrong, exactly?) It was a weird, tense breakup to what had been a pretty relaxed ride beforehand.

At 11pm I headed over to the afterparty on Houston Street, where the biggest crime I could see was people dancing and having huge amounts of fun without spending huge amounts of money. Around midnight, a group of people in skeleton costumes were dancing in the street—near the curb, behind a parked car, NOT blocking the roadway. Shortly afterward, the cops came screeching up and blocked the roadway SWAT-style. I heard they tried to force their way into the Time’s Up building, where people blockaded the door. I went downstairs to listen to the hysterical Billionaires for Bush perform. At"

"http://www.nytimes.com/2004/10/30/nyregion/30cycles.html

33 Arrested in Mass Cyclist Demonstration
By THOMAS J. LUECK

Published: October 30, 2004


A day after a federal judge denied the city's request to block a monthly Critical Mass bicycle protest ride in Manhattan, more than 1,000 people took part in the ride last night. When it was over, tensions with the city had hardly subsided, as 33 of the participants were arrested for running red lights and other violations.

The demonstration, held on the last Friday of every month and intended to promote nonpolluting transportation, has been a focus of criticism by the city since Aug. 27, just before the Republican National Convention, when thousands of riders took part and more than 250 were arrested. A smaller ride on Sept. 24 led to nine arrests.

On Thursday, in a ruling that appeared to buttress the riders' claims of overzealous police enforcement, Judge William H. Pauley III of the Federal District Court in Manhattan ruled that the city could not stand in the way of last night's ride although no police permit had been issued for it.

The judge also granted a request by lawyers for the riders that prohibited the police from seizing bicycles as long as the owners were not charged with anything and the unattended bikes did not block traffic.

But last night, after most of the arrests took place along 11th Avenue, 42nd Street and elsewhere in Midtown, the police issued a statement condemning many of the riders for a ""breach of faith.""

""Whatever the court's expectation, Critical Mass demonstrated a breach of faith that posed unacceptable safety hazards,"" said Paul J. Browne, deputy police commissioner.

Bill DiPaola, executive director of Time's Up, an environmental group that promotes the monthly ride, responded last night, saying he was surprised by the arrests. ""Given the victory in court, we were shocked at the police presence,"" he said.

Witnesses said that at least four more people were arrested early this morning after about 200 of the cyclists gathered for a post-ride party at the storefront office of Time's Up on Houston Street.

Although the circumstances remained unclear, the witnesses said that a large contingent of police officers suddenly arrived at the storefront, apparently responding to a report of overcrowding.

As it has in the past, the ride began from Union Square, where many of the participants turned out in festive Halloween costumes. They were met immediately by a large contingent of police officers, police vehicles and loudspeakers warning them that arrests would be made if riders violated traffic laws.

The police also distributed fliers indicating a route they had approved for the event leading north from Union Square. But less than 30 minutes after the huge column of participants, which included skaters and bicyclists, set off from Union Square, it appeared to spontaneously break into smaller groups of 10 to 100 or more riders, moving in directions not prescribed by the police.

"

While the Times's Polgreen falls back on lazy cliches (with the exception of the Komanoff and Faust quotations), the Villager comes through with actual reporting and interviewing.

http://www.thevillager.com/villager_79/aftercourtloss.html

http://www.nydailynews.com/news/ideas_opinions/story/249619p-213778c.html

Q&A: Norman Siegel

Civil liberties lawyer Norman Siegel spoke to the Daily News Editorial Board about the conflict between police and bike-riding demonstrators.

Question: More than 1,000 cyclists take part in bike rides, called Critical Mass, on the last Friday of every month. That has led to police enforcement, including riders arrested and bicycles confiscated. What’s the point of the rides?

Answer: The rides celebrate cycling and the environmental benefits of a growing number of people using bicycles rather than cars. The Critical Mass rides have occurred in the city for six years without incident. Since the Republican convention, that has changed. The NYPD now seems to be overreacting to the rides. There is an increasing clash of cultures.

Q: Police say they need to work out the route with group leaders for public safety reasons. What’s the problem?

A: First, there are no leaders. Second, there is no predetermined route. Last month, the police unilaterally suggested a route, but imposing a unilateral route will not resolve the issues. The police and the Bloomberg administration also seem to be arguing that you need a permit to ride bikes in the street.

Q: The ride looks like a protest. Why not get a permit, so police could clear a safe path for the riders and traffic could flow?

A: If you have a right to ride in the street, you do not need government permission. Of course, you must follow vehicular rules, regulations and laws. If pedestrians want to march in the street, they need a permit. Bicycles are defined in the law as vehicular. You cannot ride your bike on the sidewalk but you can ride your bike on the street. So if you deviate from the police’s unilaterally suggested route, that’s not a crime. You can deviate if you follow all the rules.

Q: Some cyclists have run red lights, ridden against traffic and blocked side streets. You say they should be ticketed. Why shouldn’t they be arrested?

A: If a car runs a red light or makes a wrong turn, it gets a ticket. For people riding in Critical Mass, even assuming they go through a red light, the appropriate remedy is a ticket, not arrest. There’s selective enforcement of the law. That fuels tension.

Q: You represent five cyclists whose bikes were confiscated at the Sept. 24 ride. They got an injunction to stop police from seizing bicycles at the Oct. 29 ride, yet more bikes were taken. Why?

A: To chill people, deter them from riding in Critical Mass and/or to punish people for riding. This is fueling already too-high tension between the police and the bike community.

Q: The mayor and the police commissioner need to provide visible leadership to let people in the NYPD know they’re wrong. A federal judge told them they’re wrong. You have to report back to the judge today. What will you do?

A: I’ll be talking with people and will outline to the judge problems with how and why bikes were seized last Friday night. The issue is still alive.

Q: How can the tension be defused?

A: Riders and the Bloomberg administration must talk to each other to find ways for New Yorkers to ride bikes in the street free of harassment and hostility and in ways that guarantee public safety. For the previous year before August, in good weather they averaged about 1,000 bike riders each ride. So the argument police are making that all of a sudden this got large in number and they have to crack down is not accurate. For the Republican convention, thousands of people rode because of the international attention. But the Republicans have left, and the question becomes why is this crackdown, hostility, targeting of bike riders continuing.

Originally published on November 4, 2004

"Finally, some humor.

WWW.NYPRESS.COM