I'll be far out of town during the hearing. If you are going to attend it but not speak at it (for yourself), I'd appreciate your contacting me. I'd like my one- or two-minute remark read into the record. And while it could be submitted in writing, its clout, such as it is, requires its being spoken in the presence of cyclists. And, no, there's no vulgarity and only mild confrontation that inheres in it; and what confrontation there is is not subject to dispute.

You can, of course, and should, state you are reading it for someone else.

"Does the law cover groups of 30 or more cars? If so, I'm all for it. It would be an arrestable offense to be driving in midtown.

BTW, remove the trailing ""."" from that link: http://a4rnyc.org/the_legislation"

"Thanks for posting this Lynne.

Disclaimer: The following is based on my interpretation of the proposed rules. If I am mistaken in this interpretation, please correct me.

The proposed rules would allow the police to ARREST, as opposed to ticket, someone for parading without a permit, if that person is riding with 9 others and is in violation of ANY traffic law - that includes (among others) not having a bell, or if it is pre-dawn, dusk, or night, not having reflectors. Presumably if you are arrested, they will also sieze your bike as evidence. Good luck cutting through the red tape to get it back.

And if we do a larger ride with 30+ cyclists (ENY, etc.), we are all subject to arrest (even without violating any traffic laws) if a permit is not obtained beforehand. To obtain a permit, one must apply well in advance, and must not deviate from the approved route. So if the weather changes or someone is hurt, too bad, you had better stick to the approved route.

Many of you are probably thinking these rules are aimed at Critical Mass and not at recreational group rides like NYCC rides. You would be correct, the city and NYPD have been gunning for Critical Mass for some time, and this is their latest salvo. But our rides would also be subject to the proposed rules. The police may not be actively looking to enforce these rules against recreational group rides, but once the rule is in place, we are fair game. So if the cop thinks you looked at him/her the wrong way or is having a bad day, you can be ARRESTED. I, for one, do not want the police having that kind of discretion. If they want to ticket me for not having a bell, fine. But it's preposterous that I could be arrested and my bike siezed for the same offense because the law deems my recreational group ride a ""parade"".

Even if you prefer to ride alone, better make sure you don't ride too close to other cyclists heading up to the GWB, or you too could be parading without a permit!

Please, use Lynne's link to contact City Council Speaker Quinn. Or if you don't have the time to write a message, you can just add your name to a pre-written postcard at http://www.transalt.org/e-bulletin/2006/Oct/1026.html#nypd

"

"Here's a link to the actual proposed change - check out the definition of a parade: http://www.transalt.org/campaigns/reclaiming/nypd_parade_proposal_10.18.06.pdf

So if 10 friends were to leave a restaurant or party and cross 2 intersections against ""Don't Walk"" signs, they constitute a ""parade"" and could be arrested for parading without a permit. I think the NYPD is smoking some of the narcotics they have siezed."

"To attend the Nov. 27 hearing, you must send a letter postmarked by today, Nov. 20.

If this rule change slides through, it will consume vast resources to challenge it and subsequent arrests. Enough, already.

To learn more about the proposed parade permit rule, and a more equitable alternative based on the DC law, go to the Assemble For Rights Coalition links here. (The second link will also tell you how to contact your elected representatives.)

Thank you for taking action now!

--------------------------------

November 20, 2006

Assistant Deputy Commissioner Thomas P. Doepfner
New York City Police Department
1 Police Plaza
Room 1406
New York, NY 10038

RE: November 27, 2006 public hearing

Dear Assistant Deputy Commissioner Doepfner,

I intend to testify at the public hearing on November 27, 2006 at 11am at 1 Police Plaza regarding NYPD proposed changes to Chapter 19 or Title 38 of the Official Compilation of Rules of the City of New York.

Sincerely,

Name
Address"

How come more people aren't up in arms about this threat to our civil liberties and to the ability of this club to function. At least people should come to the rally outside the hearing that Transportation Alternatives is advertising. If these rules go through it seems that almost every ride will be jeopardized and our ability to enjoy cycling in New York will be severly curtailed.

"i emailed every member of the city council to express my outrage.

i also emailed speaker quinn separately and sent a letter to deputy commissioner doepfner, stating to both, ""I believe the proposed changes are arbitrary and unneeded; they would restrict freedom of assembly, place a financial and bureaucratic burden on the citizenry, and provide an excuse for any officer to stop, arrest and detain any individual for what today are minor, unarrestable offenses.""

i've gotten these responses from council members so far:
_______________________________________
mendez
--------

Hi Steve,

Thanks for forwarding me your message. As you read in the newsletter, Rosie will be speaking out against the amendment at the NYPD's November 27th hearing, between 11 a.m. and 2 p.m. in the 1st floor auditorium at 1 Police Plaza. I hope you can join us.

Please feel free to contact our office if you have any questions, or would like further information on this matter.

Thanks again for your email, hope to see you on the 27th!

Kate Mikuliak (one of rosie's policy aides)

[previously posted in a different thread but bears repeating here]

Councilwoman Rosie Mendez E-Newsletter
Manhattan, Second District November 2006

(excerpted)

Councilwoman Mendez to Speak Against Proposed Parade Permit Changes at November 27th Hearing:

Councilwoman Mendez has expressed her disappointment at the NYPD’s new proposed changes to the parade permit regulations, which will affect such peaceful assemblies as protests, funeral processions, group bicycle rides and walking tours. The Councilwoman had hoped that the NYPD’s new revisions, introduced after this summer’s proposal drew much public outcry, would protect New Yorker’s right to free assembly. Instead, she feels the proposed changes, introduced on October 18th, are still far too restrictive.

Councilwoman Mendez believes that requiring most groups to seek a permit for sidewalk marches and vehicle processions is an infringement to our first amendment rights. New Yorkers should not have to compromise their right to free assembly for the sake of preserving the public peace. Additionally, requiring that groups obtain a permit, which must be purchased from the City, places a financial burden on these groups; economic means should not dictate one's ability to exercise their right to free speech.

Councilwoman Mendez will be speaking out against the amendment at the NYPD's November 27th hearing, between 11 a.m. and 2 p.m. in the 1st floor auditorium at 1 Police Plaza. If you want to testify on this important civil liberties issue, please write NYPD Assistant Deputy Commissioner Thomas P. Doepfner, 1 Police Plaza Room 1406, New York, NY 10038. Those unable to attend the hearing may submit written testimony at the same address.

_______________________________________
brewer
--------

Dear Mr. Chabra:

Thank you for your advocacy. Council Member Gale A. Brewer agrees with you that the parade permit changes most recently proposed by the NYPD would still place an onerous responsibility on New Yorkers, compared with the original proposal. In effect, they might also discourage New Yorkers from using important physical and social alternative forms of transportation in going about their daily lives, for fear of violating the law.

Gale will be testifying to this effect with other electeds, advocates, and concerned citizens at the Public Hearing scheduled for 11am-2pm on Monday, November 27, 2006 at 1 Police Plaza, in the first floor auditorium. I would like to encourage you to attend the hearing if your schedule allows, but you can also send any written comments to: Assistant Deputy Commissioner Thomas P. Doepfner, NYPD, One Police Plaza
Room 1406, New York, NY 10038.

Please see the informat"

"You can't move the Mayor and his little police toadies by whining about civil rights. You gotta hit them where it hurts.

Start finding travel and tourism websites and blogs. On each one, post a warning to potential visitors to New York that if they're in a group of 30 or more tourists or convention goers they can be busted, fingerprinted and held overnight for parading with a permit.

Remind them that if they're in a slow moving line of horse drawn carriages in Central Park, they can be busted for parading without a permit.

Remind them that if they follow a crowd crossing against a couple of lights, they might be considered part of the parade and smacked down into the slammer.

Paint a clear picture. Be sure to mention the crowded cells and the smell of urine, not to mention the charming people they'll meet waiting for their arraignment.Post it wherever it makes sense.

Then e-mail a copy of the post to every hotel manager in New York, every airline, and the New York Convention and Visitors' bureau. Be sure to mention the regulation.

Oh, and copies to Hizzoner, the wannabe President of the U.S. Remind him that a lot of angry people are watching his civil rights record.

All this takes work, but I guarantee you that if half the membership of the NYCC follows this blueprint zealously and quickly, you'll win.

""If the monkey flings dung at you, fling it right back at him. He doesn't like a faceful of it any more than you do.""
--Zopeck the Zookeeper.

Your Pal,
Eto...uh, I mean Ebenezer J. Grumpwig"

"Come to One Police Plaza:

Before work
On your morning break
On your lunch break
Or take the day off!

-----------------------------------

Press Conference and Rally Nov 27th at Police Public Hearing

ASSEMBLE FOR RIGHTS NYC OPPOSES NYPD Commissioner Ray Kelly Restrictions on Political Speech in the Public Spaces

WHAT: Rally to voice opposition to recent New York Police Department proposals that would restrict public gatherings

WHO: Assemble for Rights NYC

DATE: Monday, November 27, 2006

TIME: 10AM to 11AM

WHERE: NYPD Headquarters, One Police Plaza

NYPD Commissioner Ray Kelly has again proposed undue and constitutionally questionable limits on political speech in New York City. The proposal represents a narrow retreat from a similar proposition that NYPD withdrew two months ago after vociferous opposition from members of the City Council and the public.

The current proposal, which would prohibit public gatherings of as few as ten people who do not first apply for and obtain a permit from the police, will be the subject of public hearings at Police Headquarters on November 27th from 11am to 2pm.

Opposition to the proposal is lead by Assemble for Rights NYC, a coalition joined in this quest by City Council members Rose Mendez, Charles Barron, Letitia James, and Alan Gerson. Assemble for Rights represents a diversity of groups which support free speech or which directly use peaceful assembly either for political speech or recreation. The Center for Constitutional Rights, the National Lawyers Guild, United for Peace and Justice, Housing Works, the Five Boro Bike Club, the New York City Bicycle Coalition, and the Birth Control Project are among the members of the coalition. (See www.assembleforrightsnyc.org for additional members.)

The public hearing is being held only because it is required by the city charter before the police can implement such rules. In an attempt to minimize public input the hearing is being held the Monday after the Thanksgiving holiday in the middle of the work day.

Assemble for Rights NYC has denounced the Police hearing as a mockery of the democratic process, and will be holding a rally outside of One Police Plaza during the hearing to allow members of the public to gather and express their opposition to Police rulemaking without being forced to endure the indignity of asking the Police Commissioner to reconsider his own proposal from within NYPD headquarters.

City Council member Rosie Mendez stated, “New Yorkers should not have to compromise their right to free assembly for the sake of preserving the ‘public peace.’” and has stated her intention to attend the Police hearings. The prospect of elected representatives being forced to lobby the Police Commissioner as to how the law should be written has raised serious questions about the unchecked power of the NYPD.

The Assemble For Rights Coalition believes that only the New York City Council, as the elected legislative representatives of the people, have the authority to make laws affecting fundamental rights.

Assemble for Rights Director, Mark Taylor stated, “The most shocking thing about this is the City Council is letting the NYPD write the new parade permitting rules. Particularly because this is an area that deals with civil liberties, this is an area we need the New York City Police to be enforcing the rules, not to be writing the law.”

Members of Assemble For Rights NYC coalition will be available for comments before and after the hearing.

----------------------------

NB: As a precedent for the mess the NYPD is getting the city into, see the Partnership for Civil Justice site for info on the fallout"

guarantee the pedestrian gathering and walking portion of the parade rules will be selectively enforced. If the shooting in queens happened after jan 1, the nypd will not be arresting the mourners. The bicycle memorial rides gather more than 30 people and like a vehicle funeral procession, may not follow all traffic rules. We will be selectively targeted.

"Considering the timing of the hearing--in the middle of a work day, just after Thanksgiving--I'd say the turnout today was astounding -- maybe 150. Not many NYCCers--you all missed a great show and chance to see democracy in action--even if the NYPD tries to derail it.

I took a half day off work to attend and waited nearly three hours to testify, at around 2:20. Speaker after speaker raised eloquent and passionate points about our constitutional rights, our duties as citizens of conscience, and the joys of bicycling.

Kudos to NYCC Vice President Annaline Dinkelmann for attending the entire session, and taking a visible place in the second row. I'm afraid I missed her testimony. It took me about 20 minutes to get through the security line.

-----------------------

[edit]

P.S. In my testimony, I identified myself as a daily bike commuter for the last 2-1/2 years who finds conditions on the streets frightening. I generally try to ride in bike lanes, I said, but they are often blocked by parked cars and delivery trucks. As an example, the bike lane on St. Nick' is blocked solid for about 8 blocks around 146th St., and the police precincts are particular offenders.

Reading from the NYPD's ""statement of basis and purpose,"" I noted that the rule change is declared to address activities likely to ""significantly disrupt vehicular and pedestrian traffic and adversely affect public health and safety."" But as far as I could see, the biggest threats to public safety coming from unregulated and uncontrolled automobiles.

I read into the record three paragraphs from Richard Rosenthal's eloquent letter to the department, in which he cites numerous instances of cyclists being killed or grievously injured but no citation issued to the driver. To summarize:

--Andre Anderson, 9/24/05, hit from behind and killed by 23-year-old in SUV; NYS 1122, prohibits aggressive passing.

--Unnamed man, 6/20/06, cyclist swerves to avoid cabdriver opening door, hit by bus, loses leg; NYS 1214, prohibits dooring;

--Dr. Carl Nacht, 6/24/06, hit (and killed) on greenway path by NYPD tow truck; NYS 1143, driver crossing a roadway shall yield to all approaching vehicles.

The NYPD needs to enforce laws already on the books intended to protect public safety, I said. I urged the department to devote resources to protecting the lives and safety of cyclists and pedestrians by enforcing these rules."

"Dear all

I attended the NYPD hearing on behalf of the club today. Below the statement I delivered. A few general comments:
I attended the hearing for about three hours. The panel asked NO questions from the speakers - they just passively listened.
Several speakers raised the question of why the NYPD and NOT the City council is now making laws.
Towards the end several statements from City Council members was read - they were mostly opposed to the ruling.
Statement:
I am here to represent the 2000-plus member New York Cycle Club. We sponsor and organize over 400 group bicycle rides in and around New York City each year, none of which pose the slightest danger to public order or safety. We submit this statement in opposition to the Department's proposed rules because they could be used to arrest or punish participants in New York Cycle Club group rides.

NYCC rides are open to members and non-members alike. Ride leaders determine a route and destination, and the ride is listed on in our monthly Bulletin and on the Club website. Organizers do not know how many cyclists will participate until the ride begins. Almost all our rides will have more than 10 participants, and rides can draw more than 30 participants. All participants are required to wear helmets and have properly equipped bicycles.

Each spring, the NYCC sponsors a 10-12 week Special Interest Group (SIG) series for three different levels of cyclist. Each series teaches bike handling skills, safe cycling, and group riding skills. We emphasize safety and stress the fact that a bicycle is a vehicle and must conform to all traffic laws applying to vehicles. The A-level series generally has 50-70 participants, including leaders; the B-level has 120-130, including leaders; and the C-level has 60-80, including leaders. Each level is divided into smaller groups of 10-12; however, several groups may leave Manhattan at the same time, so that 30-40 cyclists might be proceeding up Riverside Drive in what could look like one long line. Nevertheless, these groups do not pose a threat to the public.

The NYCC also provides ride leader training where, again, safety is stressed. While the Club has no minimum qualifications for ride leaders, most of our leaders begin as co-leaders in order to learn from more experienced club members. One of our members, a prominent doctor at a major city hospital, teaches a class each year in how to deal with emergencies on the road. If there is an accident or someone becomes ill, our ride leaders know what to do.

We simply cannot understand why the Police Department would want to redefine ""parade"" so that the New York Cycle Club and other New York City bike clubs would have to apply for a parade permit in order to conduct a law-abiding, safe group ride of 30 or more cyclists. The NYCC would have to apply for a permit for every weekend ride just in case 30 or more participants show up. Does the NYPD really want to process 300 permit applications each year for group rides that proceed in a perfectly safe manner? And will all applicants receive a permit? Is there a chance that permits will be denied and the NYCC will have to cancel rides? We believe this constitutes a serious violation of our constitutional right to free assembly.

We understand the need to enforce traffic laws, the NYPD already has the right under existing laws to ticket and prosecute irresponsible drivers and cyclists. We resent the fact that under the proposed rules, we could be arrested for leading or participating in a perfectly safe and law-abiding ride. Therefore, we urge the Police Department to withdraw the proposed rules.

Respectfully submitted,
New York Cycle Club
Carol Waaser, President
Annaline Dinkelmann, Vice-President

"

I submitted to the NYPD for inclusion in its record of the hearing a long (four page) statement.

If you would like to read it, please write me and I'll e-mail it to you (but not before Wednesday as I'll be airborne all day Tuesday).

If you wonder on what basis the police arrest, book, fingerprint, and jail cyclists and confiscate their bikes for going through red lights or obstructing traffic but not do the same to drivers and their cars for commiting the same infractions, you'll read this wonder put to the police.

If you're not already angry at the failure of police to arrest, or even ticket killer-drivers of NYC cyclists, you should be after reading it.

"""A Police Department hearing attracted more than 500 people to Police Plaza on Monday to denounce the department’s proposed new rules defining what constitutes a parade requiring a police permit.

Civil liberties and bicycle advocates, several city councilmembers and organizations including the city Bar Association, 100 Blacks in Law Enforcement Who Care, Transportation Alternatives, Time’s Up!, United for Peace and Justice and Assemble for Rights said at the Nov. 27 hearing that the proposed rule change was a threat to freedom of expression and assembly and a usurpation by police of the legislative function of the City Council.""

more at:

http://www.thevillager.com/villager_187/cyclistsandcivilibertarians.html"

"Let's give this thing wider currency than just New York cyclists and NYCC members. If daylight is the best disinfectant, let's keep this story moving around the world with the sun. The more that people know, the more the NYPD and the mayor it reports to will be shamed into withdrawing.

Feel free to copy my current blog article extensively quoting Richard Rosenthal's statement, (or the URL) and send it out to friends and legislators.
http:TheNewYorkCrank.blogspot.com
Encourage the people you send it to pass it around, too.

Also refer them to the wonderful Villager article. Keep that in circulation.

Keep the word moving.

""If you stop covering the world when you cough, you can make the whole world catch a fever.""
--Gideon W. Qwerty

"