New NYPD Parade Rules: Any 50 Vehicles OR Pedestrians
The NYPD has published their parade permit rules, without any discussion with the public.
Holy Crap did we get this story wrong. After further consultation with onNYTurf's legal advisers, it appears the NYPD's new parade permit rules will impact 50 or more bikes or pedestrians, whether there is any violation of a law or not, a group of 50 or more will be required to obtain a permit from the NYPD or participants will be subject to arrest.
Again, to be clear, that is 50 of anyone will be required to obtain a permit, whether in the road or on the sidewalk.
Earlier onNYTurf reported that new permit rules would only impact 50 or more cyclists. Our legal advisors have since clarified that is in fact not the case and the new rules could be brought to bare on groups of pedestrians on sidewalks.
On first glance one might interpret this to mean that if groups of 50 people or more are walking in the road, where the cars go, then they would require a permit. But the phrase public street is much broader, this phrase would be subject to interpretation by a court and thus puts public gatherings of all types at great risk. According to onNYTurf's legal advisors, public street easily could be interpreted to include the sidewalks.
Either way onNYTurf legal advisers have suggested this likely doesn't have a chance of standing up in court, but a lot of people will be harassed along the way. We have more analysis on Monday on that - we just want you to know tonight that onNYTurf has the scoop on this and you likely would not see it anywhere else if onNYTurf was not publishing it.
So where is city council and Speaker Quinn? As NYCLU Executive Director Donna Lieberman commented today, "Changes to our City's permit laws should be made by the City Council, not the police department."
Actually we know where Quinn is, she's at Dunkin Donuts supersizing with Ray Kelly
Holy Crap did we get this story wrong. After further consultation with onNYTurf's legal advisers, it appears the NYPD's new parade permit rules will impact 50 or more bikes or pedestrians, whether there is any violation of a law or not, a group of 50 or more will be required to obtain a permit from the NYPD or participants will be subject to arrest.
Again, to be clear, that is 50 of anyone will be required to obtain a permit, whether in the road or on the sidewalk.
Earlier onNYTurf reported that new permit rules would only impact 50 or more cyclists. Our legal advisors have since clarified that is in fact not the case and the new rules could be brought to bare on groups of pedestrians on sidewalks.
Key Language In The Rules
Section 1 a. of the published rules says: "A 'parade (or procession)' is any (march, motorcade, caravan, promenade, foot, or bicycle race, or similar event of any kind,) procession or race which consists of a recognizable group of 50 or more pedestrians, vehicles, bicycles, or other devices move by human power, or ridden or herded animals proceeding together upon any public street or roadway."
On first glance one might interpret this to mean that if groups of 50 people or more are walking in the road, where the cars go, then they would require a permit. But the phrase public street is much broader, this phrase would be subject to interpretation by a court and thus puts public gatherings of all types at great risk. According to onNYTurf's legal advisors, public street easily could be interpreted to include the sidewalks.
Where There Is An Opening The NYPD Will Exploit It
History has shown that the NYPD will vigorously use vague rules and laws as weapons of intimidation to suppress free speech. The NYPD has a long history of doing so and there is no need to get into that much detail here. We can expect however that with a vague rule like this, they will use it.Smoke and Mirrors
Clearly this is designed to target cyclists - cause you know they won't be shutting down friday night Lincoln Tunnel-to-Chelsea booze cruises. And it also seems to leave them enough room to do whatever they want when they want, while giving the public the impression that its only cyclists they are after.Either way onNYTurf legal advisers have suggested this likely doesn't have a chance of standing up in court, but a lot of people will be harassed along the way. We have more analysis on Monday on that - we just want you to know tonight that onNYTurf has the scoop on this and you likely would not see it anywhere else if onNYTurf was not publishing it.
The new rules will go into effect 30 days from today
The NYPD published the rules in the City Record today, satisfying their city charter obligation to notify the public.So where is city council and Speaker Quinn? As NYCLU Executive Director Donna Lieberman commented today, "Changes to our City's permit laws should be made by the City Council, not the police department."
Actually we know where Quinn is, she's at Dunkin Donuts supersizing with Ray Kelly
UPDATE Jan 27:
Chris Dumb at NYCLU Needs to Get His Head Out of His Ass
Chris Dunn at the NYCLU has lost his god damn mind:
"We welcome the Department's change but remain concerned about how difficult it is for groups to obtain police permits. We will closely monitor implementation of these rules."
There you have it, the associate director of the most prominent civil liberties group welcoming the police making rules effecting our civil rights. Apparently he missed the memo from his boss NYCLU Executive Director Donna Lieberman: "Changes to our City's permit laws should be made by the City Council, not the police department."
The NYCLU assessment that these rules will only affect cyclists is also way off the mark! Yes, I am putting it to the NYCLU that they are being grossly negligent or misleading in interpreting these rules as only affecting cyclists. These rules will effect pedestrians, and you don't have to take my word for it, here is Norman Siegel:
"Norman Siegel, a civil rights lawyer whose clients include bicyclists, said he still had problems with the final rules. 'Cars and bicycles don’t need permission by the government to be in the street, and people need permission to be in the street but not on the sidewalk,' he said. 'The question is: What is a public street?'
Chris Dumb at NYCLU Needs to Get His Head Out of His Ass
Chris Dunn at the NYCLU has lost his god damn mind:
"We welcome the Department's change but remain concerned about how difficult it is for groups to obtain police permits. We will closely monitor implementation of these rules."
There you have it, the associate director of the most prominent civil liberties group welcoming the police making rules effecting our civil rights. Apparently he missed the memo from his boss NYCLU Executive Director Donna Lieberman: "Changes to our City's permit laws should be made by the City Council, not the police department."
The NYCLU assessment that these rules will only affect cyclists is also way off the mark! Yes, I am putting it to the NYCLU that they are being grossly negligent or misleading in interpreting these rules as only affecting cyclists. These rules will effect pedestrians, and you don't have to take my word for it, here is Norman Siegel:
"Norman Siegel, a civil rights lawyer whose clients include bicyclists, said he still had problems with the final rules. 'Cars and bicycles don’t need permission by the government to be in the street, and people need permission to be in the street but not on the sidewalk,' he said. 'The question is: What is a public street?'
List Blogs
