John Boyle
Thu, 28 Oct 2004 16:43:00 -0700
http://www.newsday.com/news/local/wire/ny-bc-ny--bikeruling1028oct28,0,59576 1.story?coll=ny-ap-regional-wire Judge lets the bikes roll By LARRY NEUMEISTER Associated Press Writer October 28, 2004, 6:32 PM EDT NEW YORK -- A federal judge gave a thumbs up to hundreds of bicyclists engaging in monthly "Critical Mass" rides Thursday, but warned them that their growing numbers were "spawning potential dangers." The cyclists had asked U.S. District Court Judge William H. Pauley III to stop police from seizing the bicycles of participants who are not charged with a crime or accused of violating laws. The city had asked the judge to prevent the bicycle rides unless the cyclists obtain a parade permit. Pauley denied the city's request and said police were not permitted to seize bicycles participating in a Friday ride unless they are charged with a crime or violate the law. The judge called the bike rides, which take place in about 400 cities on the last Friday of each month, a "surging phenomenon." "However," he added, "the event's success is spawning potential dangers to participants as well as the citizenry of New York." He said several thousand cyclists "cannot simply go wherever their wheels take them month after month without someone getting hurt." He suggested that the bike routes be coordinated with police for everyone's safety. "In the end, Critical Mass is people, not an event, and they need to take responsibility," Pauley wrote said. City police used power saws to cut locks and confiscate many of the 40 bikes seized during last month's ride, when nine people were arrested. The city maintained that the bikes were seized because they had been abandoned by owners who violated traffic laws. The bikers filed a lawsuit in federal court asking the judge to intervene. During August's Critical Mass bike ride, days before the start of the Republican National Convention, 264 were arrested. City lawyer Sheryl Neufeld said the city was disappointed by the ruling and was considering an appeal. "Unless the group works with the police department, its Critical Mass bike rides will likely continue to cause traffic and safety problems in each successive month unless a parade permit is secured and the NYPD can properly police the event," she said in a statement. Police Deputy Commissioner Paul Browne said the ruling does not stop the police from enforcing the law or seizing unattended bicycles that obstruct vehicles or pedestrians. Norman Siegel, a lawyer representing five bikers who brought the lawsuit, said he was pleased with the ruling because it was important that bicyclists not be required to obtain parade permits. "If you have a right to ride, you don't need the government's permission to ride," he said. He predicted a "celebratory Halloween bike ride" on Friday. Copyright C 2004, The Associated Press ---- You are receiving this because you are subscribed to the list named "bike." To subscribe or unsubscribe or for archive information, see <http://www.purple.com/list.html>. See also http://bcgp.blogspot.com/ and http://www.bicyclecoalition.org/