a NY judge rules that critical mass needs a permit.

Replies to This Discussion

Permalink Reply by Tank-Ridin' Ryan on February 16, 2010 at 4:53pm

Unfortunately the article says nothing about the specific reason this was enacted. Corking, running reds, drivers who don't want to pay attention for those more vulnerable?

One thing's for certain, if there's a traffic jam of more than 50 cars anywhere in NYC, every driver had damn well have a parade permit!

Permalink Reply by cutifly on February 16, 2010 at 7:44pm

MMMMMMMM ........

Permalink Reply by Duppie on February 17, 2010 at 12:27pm

BSNYC's daily column provides some hilarious commentary on this fiasco.
Worth reading.

Permalink Reply by Lisa yeah on February 17, 2010 at 12:52pm

Great post!

Duppie said:

BSNYC's daily column provides some hilarious commentary on this fiasco.
Worth reading.

Permalink Reply by Anne on February 17, 2010 at 2:41pm

About a year ago he said "...I am a Critical Mass of One everytime I ride"

Permalink Reply by Anne Alt on March 4, 2010 at 3:27pm

Meanwhile, there are ominous rumblings from San Francisco about ending Critical Mass there.

Permalink Reply by Bryan D on March 4, 2010 at 4:09pm

As a relatively new cyclist, but long time resident of Chicago, critical mass has always just pissed me off. I've never been stuck at a red light in my car, but I have been stuck while on a bus trying to get to class. I would have no problem with critical mass if they obeyed traffic laws, lights, stop signs, etc. But they don't. The preach that we should share the road, but they over run it. I've never met anyone who has viewed critical mass as a productive way to get cyclists heard/seen. Just makes us (and by 'us' I mean cyclists) seem like hipster assholes.

Edit: Just read that aricle on BSNYC and it was spot on! I should have read that first.

So I saw good, make them get a permit, as I would assume permit holders would have to follow traffic laws more closely.

Permalink Reply by Matt AKA Jimbo/BMXican on March 4, 2010 at 5:32pm

Blocking a bike lane

Permalink Reply by Brendan Kevenides on March 5, 2010 at 9:36am

The NY judge's decision provides no legal precedent that must be followed by a Chicago judge. But, you are right to be concerned, as was I when I saw that story a few weeks ago. It wouldn't surprise me if the NY ruling emboldened Chicago authorities to stop a Critical Mass ride for lack of a permit. I'd be interested to know if our friends at Critical Mass and/or the Active Transportation Alliance have heard any rumblings.

Permalink Reply by Ian on March 5, 2010 at 9:56am

1- Even if New York and Chicago had similar laws, the NY judge's ruling is not a precedent here.

2- In short, the New York City Police Department defined a group of more than 50 cyclists as a parade to incorporate activities of more than 50 cyclists into the City Parade Ordinance requiring approval and permits for certain groups. As far as I know, nothing like this (definition of 50+ cyclists as a parade) exists in the Chicago Municipal code. Does this mean that Chicago won't decide that CM is a parade or protest? Not necessarily.

In Chicago, the Municipal ordinance is:
10-8-330 Parade, public assembly or athletic event.

(a) The following terms are defined for the purposes of this chapter, as follows:

(1) “Parade” means any march, procession or other similar activity consisting of persons, animals, vehicles or things, or combination thereof, upon any public street, sidewalk, alley or other public place, which requires a street closing or otherwise requires police officers to stop or reroute vehicular traffic because the marchers will not comply with normal and usual traffic regulations or controls. “Large parade” means any parade that is held in the “central business district”, as defined in Section 9-4-010, and any parade that is anticipated to require city services exceeding $20,000.00 in value, to be adjusted for inflation in a manner specified by regulation.

(2) “Public assembly” means (I) a company of persons which is reasonably anticipated to obstruct the normal flow of traffic upon the public way and that is collected together in one place, or (ii) any organized march or procession of persons upon any public sidewalk that is reasonably anticipated to obstruct the normal flow of pedestrian traffic on the public way, but which does not meet the definition of parade set forth in this subsection.

But in NY, the following is a direct paste from the City of New York's Corporation Counsel's response to the 5 Borough Bicycle Club's lawsuit to block enforcement of the Parade Rules:
Pursuant to New York City Administrative Code (“Admin. Code”) §10-110, “a procession, parade or race shall be permitted upon any street or in any public place only after a written permit therefor has been obtained from the police commissioner” (“the parade permit
Case 1:07-cv-02448-LAK Document 9 Filed 03/28/2007 Page 7 of 31
requirement”). The term “parade” is defined in regulations adopted by the Police Department to implement this statutory requirement and set forth in Chapter 19, Title 38 of the Rules of the City of New York (“RCNY”).
By amendments which were published in the City Record on January 26, 2007 and became effective on February 25, 2007, the Police Department amended the definition of “parade” so as to clarify the circumstances under which groups using City streets for purposes of assembly are required to obtain a permit. Under the amended definition, a parade is defined as “any procession or race which consists of a recognizable group of 50 or more pedestrians, vehicles, bicycles or other devices moved by human power, or ridden or herded animals proceeding together upon any public street or roadway.” 38 RCNY § 19-02(a).

They are certainly different laws, but an argument could be made that the Chicago ordinance could be applied to CM's actions.

Permalink Reply by Spencer "Thunderball" Thayer! on March 5, 2010 at 11:43am

So the Judge rules CCM needs a permit. Is this really going to change things? Wont people still mass in NYC? It seems like all the hubub on the intertubes is going to make the next spring NYCM HUGE. Massers seem pissed and ready to make a statement. Good luck locking up all those people NYPD. Same thing with SanFran. There will need to be hundreds of arrests at multiple events or the use police violence to truly end something like Critical Mass in a city.

Permalink Reply by Spencer "Thunderball" Thayer! on March 5, 2010 at 11:51am

Also, because of the cogent and most of the time polite correspondence between ride leaders (when there are some that is) and police in Chicago the "vandalism" and "rudeness" isn't as bad. At least as from what I have experienced when I have been on the two NYCM rides. I've never participated in a SFCM ride but I imagine if there were the same air of hostility their rides would be as negative. We in Chicago are a roaming party, for the most part, and I think the police understand this. It's a lot easier and cheaper for the city to send five or ten bike units to work with us than arresting hundreds. If it were to begin I can assure you that Copwatch and the NLG will be there observing the police making sure to be a deterrent against civil rights violations. But again, I wouldn't worry about it here.

This is still an outrage and we should support NYC and SF in solidarity and with anything else we can provide.

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