Despite the fact that commuter cycling has grown 66% in the past two years, Judge Lewis A. Kaplan of Manhattan ruled yesterday that it is not unconstitutional to require bicyclists in organized groups of 50 or more to register for a parade permit in order to ride in processions, race, and protests.
The decision upholds the contested two-year-old rule established by the NYPD in response to backlash over the arrests of over 100 cyclists and pedestrians during the 2004 Republican National Convention. Many of the arrests were wrongful and unsubstantiated, using unreasonably excessive police force, and charges against many of the arrested were contested and dropped.
The NYPD claimed that smaller groups of cyclists were safer and disrupted less traffic.
However, even after the RNC left town, cops continued to use unnecessary force at their own whim, evidenced by the July 2008 video of officer Patrick Pogan knocking cyclist Christopher Long to the ground during the month's Critical Mass ride, then charging the cyclist with disorderly conduct. Pogan later turned himself in and was arraigned on a misdemeanor assault charge and a felony charge of filing a false report.
While the new rule gave ex post facto legitimacy to the RNC crackdown, it was contested by the Five Boro Bike Club, who claimed it violated First Amendment rights of free speech and assembly. Upon the initial filing of the lawsuit, Ed DeFreitas, president of the Five Boro Bike Club stated, "Suing city government is not one of the ordinary roles of the 5BBC. But organizing group bicycle rides is. The NYPD’s parade rules essentially outlaw large bike rides, under the dubious claim that bicycle rides are a danger to public health and safety."
Cycling advocates, in turn, assert that there is greater safety in large numbers of cyclists, as cyclists do not travel at high speeds, so it is easier to maneuver and stop. A group of fifty cyclists also takes up less room than does a mass of fifty cars (as illustrated in TA's Room to Breathe poster); they also create significantly less pollution. Additionally, advocates claim that since bicycles are vehicles under NYC law, it is incorrect to claim that rides disrupt traffic because they are inherently part of it.
Paul Steely White, Executive Director of Transportation Alternatives, responded to the ruling, "In their hunt for rules that would permit a crackdown on Critical Mass, the NYPD has seriously restricted the freedom and mobility of New York City’s fastest-growing mode of transportation. I cannot think of a policy more at odds with the City’s otherwise laudable efforts to increase bicycling. A group of bicyclists doesn't obstruct traffic any more than a group of motorists."
Comments
That's hilarious - what about the hundreds, er thousands of automobiles clogging the roads. That judge sure didn't get the insanity of his ruling. Keep up the good articles Meredith.
If riding the bicycle is not allowed on the street where should one ride it, inside the house or basketball court. Apparently it should lead one suggestion: Create A Bike Road exclusive to bicyclists, so they don't have to share with motorists...I vote 100 percent on this idea.
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