Today a judge denied plaintiffs, in the case of the 5 Borough Bike Club vs the City of New York, their request to stop the NYPD from enforcing the New Parade Permit rules during tomorrow's Critical Mass ride. This leaves cyclists participating in tomorrow's monthly ride subject to arrest by the NYPD should numbers top 50, according the new Parade Permit regulations put into effect by the NYPD.

While the judge denied today's request he left it open to full consideration again next month. Basically his decision was that plaintiff's had filed their request too close to tomorrow's ride, when they had 2 months to bring the case. However, the judge alluding to his own ruling in the Million Youth March seemed to indicate the first amendment issues in this request were too important to be dismissed completely. He broke plaintiff's request for injunction into two parts. Today he treated the request as a request for a preliminary injunction and denied it. But both parties will now return to court in the coming month for a second round. Parties will be able to put forward arguments for consideration of a full permanent injunction request that will either be granted or denied for next month and rides going forward.