5BBC et al vs. NYPD
On March 27, 2007, the 5BBC and several other affected parties filed a
lawsuit in Federal court, asking a judge to stop the NYPD's new rules
that would let the NYPD ticket or arrest any "recognizable group" of
50 or more cyclists that ride together without first obtaining a
parade permit from the Police Department.
Click here or scroll down to the bottom
for the current status of the case.
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March 27, 2007
Case filed in Federal District Court for the Southern
District of New York. Case assigned to the Honorable Lewis A. Kaplan,
USDJ. Hearing scheduled for Thursday, March 29, 2:30 PM, at United States
Courthouse, 500 Pearl St, Room 12D, New York, NY.
March 28, 2007
responds with a memorandum, exhibits, and three individual declarations.
March 29, 2007
- Plaintiffs respond with a
Letter to Judge Kaplan.
The argument on Plaintiffs' Motion for a Preliminary Injunction
was heard today before the Honorable Lewis A. Kaplan of the Southern District
of New York. Judge Kaplan stated that he did not have sufficient time
to review the parties' submissions in order to decide Plaintiffs' motion
by Friday March 30, as Plaintiffs had requested. The Court ruled that
it would hear additional evidence next week and then decide in the near
future (and not later than April 27 when the next Critical Mass ride in
Manhattan is expected to take place) whether or not to preliminarily
enjoin the enforcement of the City's parade rules.
March 30, 2007
- The March Critical Mass takes place. Five arrests and nearly 50 summonses
are reported. According to press reports, none of the arrests or summons
were for "parading without a permit."
April 2, 2007
April 3, 2007
- The plaintiffs respond to
Lt. Gannon's declaration.
April 5, 2007
April 9, 2007
April 10, 2007
April 17, 2007
Judge Kaplan issues a
denying Plaintiffs' motion for a
preliminary injunction. The 5BBC and the other Plaintiffs in the suit
look forward to our opportunity to demonstrate on a full record that
the City's parade rules are an unjustified and unconstitutional
restriction of our right to ride in groups.
May 4, 2007
May 23, 2007
September 6, 2007
Plaintiffs file a
in the Second Circuit Court of Appeals appealing Judge Kaplan's April 17
decision denying plaintiff's motion for a preliminary injunction.
October 29, 2007
Fifteen bicyclists who were arrested by the NYPD at Critical Mass rides in
October and November 2004 file
their own lawsuit against the city seeking damages
for false arrest, malicious
prosecution, violations of constitutional rights, and more.
[This entry updated 5/2009 to show the current status of this case, named
Callaghan after the first listed plaintiff. The above link is now the
3rd Amended Complaint, filed in 2008 - after amendment, the case has
added dozens more plaintiffs.]
- This case does not involve the 5BBC.
November 8, 2007
November 9, 2007
Plaintiffs ask Judge Kaplan to
force the City to provide documents
that were requested in discovery concerning bicyclists not directly
involved in the lawsuit; NYPD logs and other activity records relating
to bicyclist arrests; documents concerning NYPD surveillance and
infiltration of group bicycle rides; and documents concerning
application of the Parade Rules to non-bicycling events
November 16, 2007
November 21, 2007
with the Second Circuit appealing Judge Kaplan's decision to not
issue a temporary restraining order.
November 28, 2007
Judge Kaplan issues an
compelling the City to release most of the documents requested by
the Plaintiffs on November 9.
November 29, 2007
December 6, 2007
the November 16 amended complaint.
December 12, 2007
December 17, 2007
December 18, 2007
January 3, 2008
January 10, 2008
Febuary 1, 2008
Febuary 7, 2008
February 14, 2008
of NYPD Lt. Daniel J. Albano regarding the production
of documents related to the case. Exhibits referred to in
the deposition are listed below:
Exhibit 1 - notice of deposition.
Exhibit 2 - Plaintiff's first request for production of documents.
Exhibit 3 - Plaintiff's second request for production of documents..
Exhibit 4 - Defendant's responses and objections to Plaintiff's second set of interrogatories.
Exhibit 5 - NYPD detail rosters and assignment sheets for March 25, 2005 Critical Mass operation.
Exhibit 6 - NYPD Aviation Unit Flight Data Sheet for March 25, 2005 Critical Mass operation.
Exhibit 7 - "Cheat Sheet" used by the NYPD when issuing summonses during Critical Mass operations.
Exhibit 8 - Declaration
by Lt. Albano during a previous Critical Mass case, where he
describes how the NYPD removed bicycles "left unattended on public
property", how he approached the Time's Up group to ask them to
obtain a permit for Critical Mass, and more.
Exhibit 9 - An article published in the NY Daily News under the byline of Police Commissioner Ray Kelly,
claiming that "extemists have hijacked" the Critical Mass rides.
Exhibit 10 is the New York City report
Bicyclist Fatalities and Serious Injuries in New York City, 1996-2005.
[link above is to the NYC Department of Transportation web site, which
has a better quality version than that filed with the Court.]
Exhibit 11 - NYPD Chief of
Transportation Michael Scagnelli writes to Transporation Alternatives just
before the August 2004 Critical Mass advising that the police will take
action "against future violators of the law"
Exhibit 12 - Another letter
from Chief Scagnelli, this time to Time's Up, in September 2004, suggesting
that Time's Up apply for a permit for the Critical Mass.
Exhibit 13 - email
from Lt. Albano regarding questions about how the NYPD's new Parade
Rules affect Bike Month events.
Exhibit 14 - NYPD summary
of the June 30, 2006 Critical Mass.
Exhibit 15 - The NYPD TARU
unit, famous for videotaping the public at Critical Mass and other public
events, is called in to record the public hearing held on the Parade
Rule changes at 1 Police Plaza.
Exhibit 16 - NYPD "command log"
from the November 26, 2004 Critical Mass.
Exhibit 17 - there is no Exhibit 17. Move along now.
Exhibit 18 - This large
document (11 MB) lists the arrests and summonses for the Critical Mass
December 29, 2006 (page 1),
November 30, 2007 (page 8),
October 26, 2007 (page 29),
September 28, 2007 (page 42),
May 25, 2007 (page 64),
June 29, 2007 (page 77).
- Here are the Critical Mass arrest and summonses summary memos
broken out into individual documents. Filesizes range from 1 to 4 MB:
December 29, 2006 arrests and summonses
May 25, 2007 arrests and summonses
June 29, 2007 arrests and summonses
July 27, 2007 arrests and summonses
September 28, 2007 arrests and summonses
October 26, 2007 arrests and summonses
November 30, 2007 arrests and summonses
February 20, 2008
Plaintiffs file a
motion to compel
the City to disclose information about use of undercover
police operatives during group bicycle rides.
Exhibit A - Plaintiff's Document Request Nos 7(c) and 11.
Exhibit B - Declaration of Eileen Clancy (on NYPD's use of undercovers).
Exhibit C - Supplemental Declaration of Eileen Clancy.
Exhibit D - Notice of Filing of DVD exhibit.
Exhibit E - Plaintiff's Interrogatory requesting description of
NYPD use of undercover surveillance in connection with group bicycle rides.
Exhibit F - "Defendants failed to timely respond ..."
Exhibit G - "... and instead requested or simply took ..."
Exhibit H - "... several extensions of time ..."
Exhibit I - NYC's initial response to Plaintiff's Interrogatory.
Exhibit J - NYC's supplementary response to Plaintiff's Interrogatory.
Exhibit K - Defendant's general and specific responses to Plaintiff's
Document Requests Nos 7(c) and 11 dated June 5, 2007 do not refer to law
Exhibit L - November 21, 2007 letter from Mark Muschenheim to Judge
Kaplan raising only relevance objections to Plaintiff's motion to compel
production of documents concerning use of undercover personnel.
Exhibit M - McNamara vs. City of New York, 04-Civ.9216 (S.D.N.Y.
April 20, 2007), decision ordering the City to produce documents
related to the use of undercover officers at RNC-related demonstrations.
Exhibit N - "The press has documented the use of undercover personnel
at Critical Mass and other group bicycle rides."
Exhibit O - "On January 25, 2008, Plaintiffs proposed a confidentiality
order to protect sensitive law enforcement information from public disclosure,
to which the Defendants still have not responded."
October 7, 2008
- Deposition of NYPD Officer Kenneth Wagner of the First Precinct Scooter
November 10, 2008
- Report of Andrew
Beveridge on traffic enforcement against cyclists on the last
Friday of the month in the Union Square area. Among his
findings is that non-commercial cyclists are 337 times more likely to
receive a summons on Critical Mass nights at Union Square than during other
November 21, 2008
- Deposition of NYPD Deputy Commissioner of Public Information Paul Browne
January 9, 2009
January 9, 2009
January 13, 2009
January 28, 2009
- The Second Circuit denies Plaintiffs' appeal of the denial of the request for preliminary injunction.
January 22, 2009
February 7, 2009
February 17, 2009
February 23, 2009
February 24, 2009
- Judge Kaplan denies plaintiffs' request to amend the complaint.
March 11, 2009
April 19, 2009
- The trial date is set for Tuesday, May 12, 2009, 11 AM at the United
States Courthouse, 500 Pearl Street, Room 12D. We hope you can attend to
show your support for group bicycling! Since the trial schedule may change
at the last minute, please check this page on May 11 for any status updates.
May 11, 2009
- The trial will start as scheduled on Tuesday, May 12. See you there!
May 12, 2009
- The trial opened as scheduled, and is moving along at a brisk pace.
The full transcript
of the day's proceedings is now online.
- The trial resumes at 9:30 AM, Wednesday May 13, 2009, at 500 Pearl Street room 12-D, Judge Lewis Kaplan's courtroom.
- Please remember that cell phones, cameras, and other electronics are
not permitted in the courtroom and must be checked with the security guards
May 13, 2009
- The trial resumed as scheduled.
The full transcript
- The trial resumes at 9:30 AM, Thursday May 14, 2009, at 500 Pearl Street
room 12-D, Judge Lewis Kaplan's courtroom. Please remember that cell phones
and other electronics are not permitted in the courtroom and must be checked
with the security guards when entering the building.
May 14, 2009
- The trial finished today.
The full transcript
- There will be a (probably short) session Friday, May 15,
2009 at 10:30 AM for oral argument (same place, 500 Pearl St room 12-D,
be sure to check cell phones etc. with the security staff when entering
May 15, 2009
- Oral arguments took place this morning.
February 16, 2010
- Nine months after the trial ended, Judge Kaplan issued his ruling,
- The 5BBC is disappointed by Judge Kaplan's 54-page decision and
will respond further after we and the other Plaintiffs have had a chance
to study it.
March 8, 2010
- The City asks the Court to order the plaintiffs to pay allowable costs,
such as deposition transcripts, trial transcripts, witness fees,
docket fees, and printing and duplication costs for transcripts admitted
as evidence at trial. The total costs requested are $31,880.81.
March 22, 2010
- The plaintiffs do not appeal. The case is over except for
the matter of costs, which the plaintiffs will dispute.
July 13, 2010
- Judge Kaplan issues his decision regarding the final amount of the costs and who is liable. The
costs are reduced to $16,000 and liability is split to $4000 for the 5BBC
and $2000 for each of the six individual plaintiffs.