September - October 2006

SpokeWrench

The NYPD Changes the Rules

Danny Lieberman, August 2006

Last time I discussed the controversial monthly Critical Mass Ride in Manhattan. These rides had been taking place peacefully until August 2004, when they have had to contend with the massive response from the NYPD. Just a couple of weeks ago the NYPD announced their new tactic in their war against Critical Mass. They published a notice that they would be changing the language of how they define a “parade” or “procession” in the set of traffic rules that are under their control. The notice was actually about a public hearing at 1 Police Plaza about the new rules on Wednesday, August 23rd. They will go into effect on August 24th.

Now the language that is used in the new definition is quite clearly so wide in scope that it could include just about any group of people doing many possible things, from walking down the street to a family who are riding bicycles to a funeral procession driving down the street. The language includes bicycles but it is generalized to include pedestrians and all vehicles.

Anyway the new language is clearly unconstitutional because it forbades any group of cyclists or pedestrians or other vehicles from travelling together without a permit! This is language that was written for the police to crack down further on Critical Mass rides, not that they really need another “tool”. But a judge told the NYPD that their definitions were too vague so they are now trying to be more specific!

So, it should no surprise that the whole bicycle community is alarmed. Criminalizing the behaviour and rights to travel that we take for granted is the wrong move, and surely this will be litigated and decided in either a courtroom or the city council.

Now I don’t for a minute believe that the NYPD is going to do anything to stop 5BBC day trips from occurring, or any other rides offered by this or any other club. This is all about the Critical Mass rides.

Some within the 5BBC are trying to make it sound like the police department will shut down 5BBC rides. I just want everyone to know that will not happen. You may be impacted if you ride your bikes on the last Friday of the month in or near Union Square and 14th St. If you live or work near there, ride carefully.

What about the 2007 Montauk Century? Well, I’m not sure if we would have a problem there. I’d say the jury is out and the job of finding out falls to the 2007 Special Events coordinator.

I will suggest that if you believe in free speech, free assembly, and free bike rides, you should write to the mayor and police commissioner and ask them to get rid of these ridiculous regulations before the next judge throws them out.

SpokeWrench is a series of articles on Bike Politics and Culture, and does not reflect the opinions of the 5BBC.