Bicyclists Suing City Over Critical Mass Arrests
After years of on the street and legal harassment by the City of New York, Critical Mass cyclists are fighting back. Several cyclists who participated in the September, October, and November 2004 Critical Mass bike rides are back suing the city. 15 plaintiffs are seeking compensatory and punitive damages in excess of $5 Million Dollars EACH for violations of several constitutional rights including denial of free speech, false arrest, and denial of due process. The briefing filed with the court today contains bizzarro play by plays of slow speed chases between cyclists and impish cops on scooters. But make no mistake, the charges against the NYPD are serious and if proven damning:
Previous legal showdowns over Critical Mass have involved the City of New York going after individuals and Time's Up - to enjoin them from participating or talking about the ride - and prosecuting people for riding their bikes more than 2 abreast. In most of those cases the City has lost its arguments. Another ongoing suit against the city, by the 5 Borough Bike Club, seeks to nullify the recently created parade permit rules. The case started today is the first to seek damages from the city for past arrests made during Critical Mass.
Here is a copy of the entire complaint filed today:
The cyclists are represented by:
Rose Weber
David Rankin
Gideon Oliver
Defendants created false information against plaintiffs.
Defendants forwarded false information to prosecutors in the Office of the District Attorney of New York County.
Defendants misled the prosecutors and/or the Court by providing false information and/or testimony in initiating and throughout the criminal proceedings.
Defendants failed to turn over exculpatory evidence and other materials to the prosecutor despite proper demands and/or requests for the same.
Defendants lacked probable cause to continue criminal proceedings against plaintiffs.
Defendants acted with malice in continuing criminal proceedings against plaintiffs.
Defendants’ selective enforcement of the parade permitting scheme, the New York State disorderly conduct statute, VTL § 1234, and/or their powers to retain plaintiffs’ bicycles against plaintiffs violated plaintiffs’ constitutional rights under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution.
Defendants forwarded false information to prosecutors in the Office of the District Attorney of New York County.
Defendants misled the prosecutors and/or the Court by providing false information and/or testimony in initiating and throughout the criminal proceedings.
Defendants failed to turn over exculpatory evidence and other materials to the prosecutor despite proper demands and/or requests for the same.
Defendants lacked probable cause to continue criminal proceedings against plaintiffs.
Defendants acted with malice in continuing criminal proceedings against plaintiffs.
Defendants’ selective enforcement of the parade permitting scheme, the New York State disorderly conduct statute, VTL § 1234, and/or their powers to retain plaintiffs’ bicycles against plaintiffs violated plaintiffs’ constitutional rights under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution.
Previous legal showdowns over Critical Mass have involved the City of New York going after individuals and Time's Up - to enjoin them from participating or talking about the ride - and prosecuting people for riding their bikes more than 2 abreast. In most of those cases the City has lost its arguments. Another ongoing suit against the city, by the 5 Borough Bike Club, seeks to nullify the recently created parade permit rules. The case started today is the first to seek damages from the city for past arrests made during Critical Mass.
Here is a copy of the entire complaint filed today:
The cyclists are represented by:
Rose Weber
David Rankin
Gideon Oliver
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Finally!!!
Keep riding. Keep fighting.
Love,
k
Notice of Claim vs Briefing