I am proud and pleased to announce that my cyclists group, The Five Borough Bicycle Club went to Federal Court in Manhattan today and sued NYC's Police Department to halt the implementation of rules which effectively require cyclists to get impossible-to-get parade permits for otherwise lawful group bicycle rides.

Update: The case has been assigned to District Judge Lewis A. Kaplan and a hearing has been scheduled for Thursday, March 28, 2:30 PM, at United States Courthouse, 500 Pearl St, Room 12D, New York, NY. The argument on Plaintiffs' Motion for a Preliminary Injunction was heard today before the Honorable Lewis A. Kaplan of the Southern District of New York. Judge Kaplan stated that he did not have sufficient time to review the parties' submissions in order to decide Plaintiffs' motion by Friday March 30, as Plaintiffs had requested. The Court ruled that it would hear additional evidence next week and then decide in the near future (and not later than April 27 when the next Critical Mass ride in Manhattan is expected to take place) whether or not to preliminarily enjoin the enforcement of the City's parade rules.

As a result, NYPD was free to enforce its new rule on Friday during the Critical Mass Ride. 40 got tickets and 3 were arrested. As an uneven enforcement note, permit-less groups of riders far in excess of 50 rode all over Manhattan on Saturday. Only the critical-mass group was the subject of enforcement pressure.

5BBC, represented by litigation powerhouse Debevoise & Plimpton, LLP, seeks to restrain the NYPD from enforcement of those rules while their action is pending. The new rules are aimed at the Critical Mass bike ride, a leaderless group ride which continues to face massive NYPD enforcement action. Critical Mass riders were subject to some of the harsher enforcement at the Republican National Convention. Did NYPD undercover infiltrate the 5BBC? Stay tuned.

Because those enforcement actions have routinely led to mass arrests followed by mass acquittals, Mayor Bloomberg and Commissioner Kelly decided to try to change rules. Those changes will effectively prohibit recreational group rides like the one from City Hall to the Bronx Zoo last week.
Review the 5BBC press release here which has hot links to the legal documents and to much more about this. In any case, Spring has sprung, come ride your bike without a permit.  read more »

In a heavily Democratic town such as ours, you would think that the laws of New York would reflect a population that prefers liberty over tyranny, freedom over oppression and the right to public assembly (as stated in the Bill of Rights). Even if a majority of New Yorkers feel this way, it is apparent that the lawyers for the city of New York do not.

Recently a federal judge issued a ruling for the police department to stop videotaping public gatherings and protests so that people who went out on the streets would not feel intimidated by those that are charged to protect and serve, not protect and spy.

On February 15th, Judge Charles S. Haight Jr. resolved a 35 year class-action lawsuit by threatening to hold the city in contempt if the random videotapings occurred again. Nearly a month later the city's attorneys have started an appeal that claims the judge over-stepped his authority in limiting the police's activities. Their assertion is that in 2003 the city agreed to less restrictive rules because “the N.Y.P.D. never had any intention of agreeing to the incorporation of detailed operational guidelines into the consent decree subjecting itself to contempt for a plethora of potential violations.” Basically they find his ruling "an impermissable" order.

Crossposted from Joshing Politics  read more »

It’s tough being a citizen in this City, in this State
and in this Country. The reluctance that I had to
blog anonymously disappeared when I realized that as
far as government is considered we are all anonymous,
without a face or a voice. Voting, the foundation of
our democracy has never held true force. Those that
do vote are misled by demagogic media campaigns that
employ the same manipulations used to sell soda. Why
does anyone prefer Coke to Pepsi: because
one company gets to you first or more often. I fear that greater turnout would not even compel an obstinate
ruler to follow the will of the public. Didn't‚t we
as Americans reject the Iraq war on November 2006.
Yet the War Machine, and Exxon‚s profits, rock and roll on.

So what is a citizen to do? Talking with my friends
and examining my many election seasons of
discontent led me to a proposal. Choosing the
wrong soft drink has no real consequence; yet
picking the wrong leader can have devastating results. Human nature makes the process of decision making subjective by default. How can advertised promises and staged debates lead to a proper decision? When you factor in the multiple levels of government that must be monitored, voting is almost like a blind taste test.  read more »

In the special election scheduled for February 6th in Nassau County, there's a lot of talk and counter-talk about reform; Craig Johnson, the Democrat, is endorsed by Eliot Spitzer, who of course brought reform to Albany in the first place. His opponent, Maureen O'Connell (google her), is campaigning on virtually the same platform of change; this because, presumably, reform is what Joe Bruno really wants to bring to the state capitol, along with democracy.

One thing O'Connell really seems to want to reform is that part of the law pertaining to a woman's right to choose. A fact sheet from a leading choice advocacy organization details her past record of extremist activism in the State Assembly:

Blocking Access to Birth Control
Maureen O’Connell vehemently opposed legislation that would reduce unintended pregnancy by permitting women to access the “morning after pill” directly from a pharmacy.

Criminalizing Abortion
Maureen O’Connell supported legislation that would send doctors and nurses to jail even when facing the most catastrophic situations.

In the universe of anti-choice activism, there are gradations. Opposition to emergency contraception and the demand to criminalize doctors and nurses are extremist by any standard; that's Operation Rescue territory.  read more »