Time is running out. The Five Borough Bike Club and several others are plaintiffs in a lawsuit which challenges New York City's attempts to suppress Critical Mass rides. The Court has given us an August 8 deadline to gather information concerning summonses, arrests and other NYPD action against bicyclists. For those of you who don't know, the suit challenges the constitutionality of recently implemented rules that require a group of 50 or more to obtain an NYPD permit before proceeding together (the "Parade Permit Rules"). The suit also challenges various other tactics that NYPD uses to target and suppress Critical Mass rides. Details on how to provide information you believe may be helpful are provided at the end of this post.

So far, we have already gathered evidence of unlawful conduct by the NYPD, including evidence which shows that:

• NYPD "profiles" suspected Critical Mass participants for selective enforcement of the law as they ride their bikes individually in the vicinity of Union Square prior to the start of the ride, as shown in this video.
• NYPD tickets cyclists during these "profiling" operations and points to them as proof of Critical Mass's lawlessness, even when the summonses were issued on evenings when no Critical Mass ride took place and/or for violations which are not relevant to bicyclists, such as "no seatbelt" [download a summary of these tactics].
• NYPD has systematically arrested and summonsed Critical Mass participants without any valid basis. The charges frequently have been dismissed.
• NYPD officers have repeatedly used excessive and dangerous force against Critical Mass participants.

As one NYPD officer candidly told a Critical Mass bicyclist while ticketing him for an equipment violation, the policy of selective and unlawful enforcement was triggered by the August 2004 Critical Mass bicyclists' protests against the Republican National Convention. We contend that such protest activities provide no lawful reasons to establish the 50-person limit on public processions, or to suppress or selectively enforce the law against Critical Mass month after month [download].

The Court requires us to collect all relevant documents, photographs and videotape by August 8, 2008. If you believe you have evidence that is relevant to the suit, we ask that you send it to us.

This is not an offer to provide individuals with lawyers or legal representation. We request that you voluntarily provide information for use as evidence in the lawsuit. If you can help, please send us a brief email describing the information you have, and including a daytime phone number where you can be reached and/or an email address, to: [lawsuitinfo] [at] [5BBC] [dot] [org]. Please contact us about the lawsuit only through this email address.

Thanks so much for your help and support.

Best regards,
5BBC

Words fail when watching this clip of an NYPD officer forcibly knocking a Critical Mass rider to the pavement last Friday. The assault was caught on video by a bystander in Times Square. Compounding the injustice, reports Gothamist, is what happened next:

A representative for TIMES UP! tells us that the cyclist in this video was arrested, held for 26 hours, and charged with attempted assault and resisting arrest.

Mark Taylor, an attorney with the firm representing the cyclist, says he is hopeful the charges will be dropped in light of the video evidence. Asked whether the NYPD plans to go ahead with the charges, a department spokesman said the matter is being investigated. Since the video surfaced, the officer has been put on desk duty.

The Reverend Al Sharpton, the family of Sean Bell, and an all-star cast of civil liberties advocates joined cyclists in Union Square last Friday for one of the more anticipated Critical Mass rides in recent memory. The gathering, which filled up the south end of the park, came three weeks after the Reverend led hundreds of supporters in an attempt to shut down major bridges and tunnels, protesting the acquittal of the officers who shot and killed Bell.

After a roster of speakers addressed topics ranging from parade rules to police violence to gay marriage, Sharpton tied up the disparate strands with a call for mutual support in the face of NYPD misconduct:

When we can come together as Critical Mass, if we can ride together, if we can protest together, we can make this city livable for everybody together. This is the picture they don't want to see -- people of all ages and all backgrounds and all races that will stand together. Because as long as they can play one community against each other, they get through the middle. It's when we gather as historically has happened at Union Square that the powers that be have to turn and buckle... When you demand the right to ride, that is all Sean Bell was doing that night, is trying to ride. And we are going to work together to have a critical mass in this city, where we can ride in justice.

The question is: What is wrong with the morals of a city that thinks there's something wrong with men going home from their bachelor's party? They're suspect. But it's the same mentality that tells us we can't gather in a square or a park, and read and talk and discuss.

After Sharpton's remarks, Sean Bell's father, William Bell, said what must have been on many people's minds: "I really came to see Reverend Al ride that bike." Sharpton didn't disappoint, eschewing a pedicab that had been reserved for him in favor of his own ride. With the way clogged by photographers, Sharpton got off to a halting start before hitting his stride and riding a circuit from 14th Street, down Fifth Avenue to 12th Street, and back up University Place to the square.

Before the event got underway, I had a minute to speak with civil rights attorney Norman Siegel, who has been involved in the Sean Bell case and in the defense of cyclists' rights. I asked Siegel what he saw as the link between the two.

"There's a huge difference between Critical Mass and Sean Bell," he said, "but there is a need for oversight of the NYPD. When the police abuse the civil rights of Sean Bell, and when they abuse the rights of cyclists, there's common ground." He outlined three steps that could serve as unifying goals: having a permanent special prosecutor for police conduct (currently, NYPD lawyers prosecute cops); putting some more teeth in the Civilian Complaint Review Board; and improving the training of police officers.

On this last point, he said: "This job is so stressful, after 10 or 12 years, you could have someone ready to explode... the cop loses it in some situations. In the Sean Bell situation, they could have handled it differently. And it's the same here. With bicyclists, they're hostile, they grab 'em. There has to be better training."

As for the ride itself, the police showed no inclination to start changing their standard approach to Critical Mass. "There were a lot of tickets given for not having lights and not being in bike lanes," said Mark Taylor, an attorney with FreeWheels, the group that organized the rally. "Those aren't real tickets."

Nicole Bell, Sean Bell's widow, addresses the crowd.

The crowd filled up most of the south end of Union Square.

Reverend Al gets ready to ride.

Video: Jen Chung / Gothamist

Photos: Ben Fried

As the City Council takes up legislation to lift NYPD rules against public assembly, cyclists and advocates will hold a rally and press conference before tonight's Critical Mass ride.

From BikeBlog:

Critical Mass participants will be joined by a diverse group of videographers, artists, activists and politicians outraged over NYPD regulatory constraints on the civil liberties of New Yorkers. Prominent speakers from the community will participate in the "Still We Speak" rally to denounce the NYPD's First Amendment abuses, including the parade permit rules which limit the number of people who can legally assemble in a public place.

In addition to the council bill, the police department also faces a suit brought by the Five Borough Bike Club. For you legal types, here is a plaintiff's motion citing arbitrary and discriminatory enforcement by the NYPD, as illustrated in the video, along with notes and summonses from the July 2007 Critical Mass. In footage to be shown at tonight's event, officers are seen roughing up and detaining citizens for taking pictures and video of police action in Times Square during the March 2007 ride.

Tonight's events start at Union Square North at 7:00 p.m.

Video: rusticumjudicium/YouTube

City Council Member Rosie Mendez has introduced a bill to overturn the NYPD's parade permit rules, which require groups of over 50 to obtain a permit before assembling. Enacted a year ago, the rules were seen as a way for the city to subvert Critical Mass rides and have been the subject of civil rights action and at least one lawsuit.

Mendez, along with Alan Gerson and Gale Brewer, were to introduce the "First Amendment Assembly Act" yesterday. According to a media release, the bill [PDF] "decriminalizes parading without a permit and allows groups that need exceptions to various laws, such as traffic laws, to obtain such for their events."

Streetsblog has posted consistently on how the NYPD seems more intent on harassing cyclists than protecting them. And just last week Commissioner Ray Kelly got an earful from citizens who are fed up with unsafe conditions for cyclists and pedestrians.

The full press release from Mendez follows the jump.

COUNCIL MEMBER MENDEZ INTRODUCES BILL TO PROTECT THE FIRST AMENDMENT RIGHT TO ASSEMBLE

Wednesday March 26th 2008

At today's Stated City Council meeting, Council Member Rosie Mendez (District 2, Manhattan), along with Council Members Alan Gerson and Gale Brewer, will introduce a bill to balance the NYPD's duty to ensure public safety with citizens' right to free assembly. If enacted into law, the bill will override the parade permit rules adopted by the NYPD a year ago which were created without City Council oversight and require any group of 50 or more to obtain a permit. Currently, anyone in such a group without a permit is subject to arrest.

A copy of the legislation being introduced can be downloaded from the Assemble For Rights NYC website:
http://www.assembleforrightsnyc.org/files/a4r/legal/parade_bill_final_draft.doc

"Groups wishing to assemble and stay within the limits of the law should not be required to obtain a permit; the First Amendment is our permit" stated Council Member Mendez. "Larger assemblies that want the police to
assist in managing traffic along their route and ensure security should be able to apply for a permit through a fair and transparent process. This bill sets forth clear guidelines for each instance."

The First Amendment Assembly Act, based on legislation drafted by the civil rights advocacy group Assemble For Rights NYC, decriminalizes parading without a permit and allows groups that need exceptions to various laws, such as traffic laws, to obtain such for their events.

A parade permit will not be required when:
* A group believes their proposed assembly will not prevent other lawful uses of the same city public space and the expected attendance of the assembly will be less than 100, or
* The assembly is an immediate and spontaneous response to an event.

The Act also sets forth guidelines for the NYPD to facilitate peaceful assemblies even when a group should have obtained a permit but did not. Furthermore, the Act also encourages calmer resolutions to assemblies which become too difficult for the NYPD to facilitate: these guidelines include providing clearly communicated dispersal orders and reasonable opportunities to disperse before making any arrests.

The Act is similar to rules which were created to govern assemblies in Washington D.C. in the wake of mass arrests that eventually cost D.C. millions in civil penalties. D.C.'s laws have successfully reduced tensions between police and citizens there, and significantly reduced that city's legal liability to wrongful arrest civil suits, while ensuring public safety.

Assemble For Rights NYC (http://assembleforrightsnyc.org), is a coalition of over two dozen organizations dedicated to keeping free speech alive and well in New York City.

Photo: Doug Letterman/Flickr

One of the most entrenched fallacies in the congestion pricing debate has been the assertion that blue-collar New Yorkers get the short end of the stick. The claim never withstood scrutiny, but now it is facing an especially strong counterargument from Communities United for Transportation Equity (COMMUTE), a coalition of organizations from low-income communities of color underserved by transit.

COMMUTE calls for giving poor New Yorkers better access to transit by implementing extensive, inter-borough Bus Rapid Transit corridors, funded from pricing revenues and the MTA capital budget. On Monday, they hosted an appearance by former Bogotá Mayor Enrique Peñalosa, who described how he addressed what he calls "quality of life inequality" by improving public space for pedestrians and building the TransMilenio BRT system.

COMMUTE presented Peñalosa's story as a challenge to New York pols. "People want to see that pricing is going to benefit them directly," said Joan Byron of the Pratt Center for Community Development, a COMMUTE partner. "He really demolishes the argument of electeds who oppose the plan and have 20 percent car ownership and 5 percent commuting by car in their districts."

The Pratt Center's Elena Conte brought this point home when she addressed the room following Peñalosa's Q & A: 

The example of Bogotá... reveals that inequities in the mass transit system can be addressed when elected leadership has the will to place the needs of the underserved above the long-established privilege of the tiny minority who drive cars

COMMUTE! calls upon our elected leadership here in New York City to do no less.  We cannot let this opportunity to address inequities in the mass transit system slip past us because we’ve been distracted by the rhetoric of those who represent the most privileged amongst us.  The fact is, mass transit is the life-blood of our city, and access to mass transit determines access to economic opportunity, education, and vital services.

We urge the elected officials who represent our communities to lead the charge for mass transit improvements that serve the needs of those whose mobility is most severely limited by the current biases in the system. This can be accomplished by a comprehensive, citywide network of Bus Rapid Transit that fills in gaps in the subway system, is full-featured, and crosses bridges.

The event also provided a platform for COMMUTE to introduce its partner organizations:

• Centro Hispano Cuzcatlan
• El Puente
• Families United for Racial and Economic Equality
• The Fifth Avenue Committee
• The New York Immigration Coalition
• Nos Quedamos
• The Point CDC
• Pratt Center for Community Development
• Sustainable South Bronx
• United Community Centers
• UPROSE
• West Harlem Morningside Heights Sanitation Coalition
• Youth Ministries for Peace and Justice
  

With congestion pricing now before the City Council, the coalition pushing it forward shows signs of strengthening at exactly the right time. One group we'll be hearing more from is Communities United for Transportation Equity (COMM.U.T.E!), a recently-formed partnership between the Pratt Center for Community Development and community organizations in low-income neighborhoods around the city. At a press event this morning, COMM.U.T.E! representatives spoke about their strategy to lobby for congestion pricing and greater funding for BRT in the MTA capital plan. 

Their campaign will call attention to stark inequities in New York City commute times. The Pratt Center has crunched 2000 Census numbers showing that two-thirds of city residents with commutes longer than one hour earn under $35,000 per year [pdf]; and that black New Yorkers face a 30 percent longer commute, on average, than white New Yorkers [pdf]. Disparities were present, if less pronounced, across other racial groups as well. Considered alongside the transit improvements that congestion pricing will make possible, the findings again pierce the argument that pricing is a regressive tax.

The problems revealed by the report are fundamentally about "human rights and dignity, rather than dry economic measures," said Joan Byron, Director of Sustainability and Environmental Justice Initiative at the Pratt Center.

Time lost to long commutes is "corrosive to community life and family life," said Silvett Garcia, Senior Planner at Youth Ministries for Peace and Justice in the Soundview section of the Bronx. "That is time people cannot spend with their families, cannot meet with their children's teachers, cannot go to community events." She noted that bus commuters in the Bronx have to transfer twice to make a trip across the borough, which takes an hour. The same trip only takes drivers ten minutes.

Byron applauded DOT's commitment to a BRT pilot program, but noted that the scale of a BRT system would have to exceed current plans to seriously address inequities in transit access. The only way to dramatically improve transit access in neighborhoods that are currently underserved, she said, is to implement congestion pricing and significantly boost MTA funding for BRT.

"In the MTA capital plan, resources earmarked for BRT are too small compared to rail projects," she added, distinguishing between rail projects that do improve transit access, such as the Second Avenue Subway, projects that enable real estate development, such as the 7 line extension, and ones that serve a small number of mostly affluent users. "The money for the JFK-Lower Manhattan rail link -- $6 billion -- could be used to blanket Queens with BRT."

Citing the success of Enrique Peñalosa's vision for transit in Bogota, COMM.U.T.E! hopes to rally elected officials around congestion pricing and BRT as means to address inequality, analogous to campaigns for affordable housing.

"Electeds in New York have a mastery of affordable housing issues," said Byron, "but they've been out of the game on transit." 

COMM.U.T.E!'s two-pronged strategy will involve lobbying elected officials to simultaneously pass congestion pricing and influence the MTA capital plan.

"Electeds have a chance to own this issue," said Byron. "We're going to be reaching out to folks one by one. We have statistics for every district. Guys like Brodsky have captured headlines with a fake populist stance. The breakthrough that needs to be made is that people see a revolutionary change coming out of this. BRT is that revolution."

We'll hear more from COMM.U.T.E! on February 18th, when they publicly unveil the roster of elected officials and community groups who've signed on to their platform.

If you think handing out traffic tickets to Central Park cyclists or random seizures of locked bicycles qualifies as outrageous police behavior, check out what happened to Stephan Orsak when he tried to leave the Minneapolis St. Paul International Airport on his Brompton folding bicycle. He says that he was pulled over by a police officer, harassed and then shot with a Taser stun gun. He has started a blog dedicated to the case:

Immediately as I was leaving and without any warning whatsoever I was thrown off my bicycle onto the pavement. I sustained abrasion wounds to chin and arm. My helmet casing sustained a new crack, but otherwise prevented a direct blow to my head. My glasses were thrown off by the force of the impact and bounced several feet away. Officer Wingate moments later would smash them into the pavement with his boot. But first, I was jerked into an upright position, and Officer Wingate jumped to the side and ordered me Tasered by his officer in training. This, too, happened immediately and without any warning or choice whatsoever. I was then handcuffed, body searched, and luggage searched. Three additional squad cars soon arrived, including Officer Wingate's supervisor. However, my conversation with Sergeant Karsnia was abruptly cut short on the grounds that I had allegedly 'tried to take a swing' at Officer Wingate. I was handcuffed and transferred to Hennepin County Hospital, then to Hennepin County jail where I was held without charges and without bail.

This entry on the Village Voice Blog by Laura Conaway tells the story of an NYPD raid on parked bicycles last Wednesday night. When two residents questioned the officer in charge, they were arrested:

Sparks from the NYPD's circular saws arced through the night. Police, some in plainclothes, were piling cycles by the dozen in a heap on the sidewalk. At first Robert Carnevale took still pictures, then he switched the digital camera into video mode. He approached the plainclothes lieutenant who seemed to be in charge and asked for his name. Carnevale says the officer gave his name, but got annoyed when asked to spell it. "You got my name," the officer says on the video. "I did you a favor. . . . Now I'm going to lock you up."

And he did, sending Carnavale to the pokey for 22 hours on a charge of disorderly conduct. The cop also rang up Carole Vale, a nurse who happened by and asked for an explanation. Vale spent 13 hours in a cell, on the same count. In addition to the two arrests, the NYPD collared about 15 bikes. Officers, some in plainclothes, loaded bikes into unmarked black vans. "Why is domestic spying being used on non-polluting transportation?" asked Time's Up director Bill DiPaola at a press conference today.

City code does prohibit locking a bike to anything other than a city-approved rack, but there's some dispute over whether that applies solely to abandoned bikes. The rusted carcasses of old cruisers, often picked cleaned of valuable parts, litter street signs and bike racks around the five boroughs.

Transportation Alternatives reports that the East Village police precinct, the 9th, started trying to identify and tag abandoned bikes in 2005. Cyclists generally see getting rid of useless junkers as a positive, since it leaves more room for bikes in daily use. Not surprisingly, they take less kindly to having their bikes cut loose and removed with no advance notice or information afterward about how to get them back.

Civil rights lawyer Norman Siegel, representing the East 6th Street riders at the press conference today, said the raid might have been prompted by a complaint from Community Board 3. He cited a court decision from September 2005, in which a judge ruled that the city had violated the due process rights of three cyclists by clipping their locks and hauling off the bikes with no warning. "The unlawful activity here is not by the cyclists, it's by the cops," Siegel said.

OnNYTurf also covered the incident, as has Gothamist and NY1. You can view a slide show on the Village Voice Blog as well. Time's Up! is interested in hearing from other witnesses or anyone who had their lock clipped or their bike confiscated. You can email them at timesup@panix.com.

Photo: Caroline Dorn

The city's Critical Mass crackdown has apparently reduced the number of participants -- or maybe it was the weather. Either way, the spirit and ingenuity of the riders remains intact.

According to BikeBlog, rather than succumb to the scooter cop horde like "lambs to the slaughter," cyclists gathered for Friday's mass decamped from Union Square, walked their bikes to the 4 train, and regrouped on Broadway for an unmolested ride.

Ironically, the group was too small to be in violation of the new permit law, yet officers still pursued the cyclists underground with "erratic fervor" to question them as to whether they had swiped their MetroCards. One rider was reportedly issued a summons for taking his bike through an exit door.

Other than that, we were scot-free.

As we headed up Church St. towards Canal, it seemed that a lot more people knew who we were. There was a lot of friendly supportive honking from motor vehicles and crowd waving. We stayed mostly downtown and our numbers grew a little as others joined in and meet up from Union Square...I still think we were always just under 50...so we were technically legal.

It was a successful critical mass...no tickets, no arrests and no cops.

Video: Time's Up! and Team Spider via BikeBlog

Up to 200 cyclists gathered Friday evening for the first Critical Mass since the city law took effect limiting unpermitted bike rides and other public events to fewer than 50 people. With all the professional and citizen journalists on-hand to witness the "showdown" between cyclists and the NYPD, one wonders if the restriction might be extended to the media.

Though arrests were few, by all accounts the ride was significantly disrupted. WNYC reported the number of cyclists as "about 200," and said "many riders only got a block" before running into an NYPD barricade on Park Avenue.

Newsday says three cyclists were arrested and 47 were issued summonses or violations. The NYPD told the paper that two of those arrested were charged with disordlerly conduct and obstructing governmental administration, while charges were pending against the third. Bikeblog (via Gothamist) said summonses were handed out "to people who did not have a bell or a light or some other law on the books that is enforced about as frequent as someone driving on a cell phone."

Despite incorrectly referring to Critical Mass as an "organization," CW11 filed a favorable story, which included an interview with this woman before her arrest. Said reporter Arthur Chi'en: "We did not get the impression she was a rabble-rouser."

Will at onNYTurf says "Freewheels, which provides legal assistance to arrested cyclists, speculated that arrests were likely low as mass arrests might jeopardise the City's defense in the 5 Borough Bike Club case ... Mass arrests could make the NYPD look unreasonable." Will notes that City Councilwoman Rosie Mendez, who rode along in a pedicab, "was not touched by the NYPD" -- a "good move on their part."

The Village Voice pointed out that "[F]or all of Police Commissioner Ray Kelly's bluster about there being a new law in town, none of the Critical Mass riders were actually ticketed for parading without a permit. "Rather," the Voice continued, "the cops hit people up for a host of minor traffic violations like failing to keep to the right, not having a headlight, or not riding in the bike lane -- even though there is no bike lane on Park Avenue."

Photo: Seth W. via Flickr

Announced on the Five Borough Bicycle Club's website:

On March 27, the 5 Borough Bicycle Club and several other affected parties filed a lawsuit in Federal court, asking a judge to stop the NYPD's new rules that would let the NYPD ticket or arrest any "recognizable group" of 50 or more cyclists that ride together without first obtaining a parade permit from the Police Department.

Suing city government is not one of the ordinary roles of the 5BBC. But organizing group bicycle rides is. The NYPD's parade rules essentially outlaw large bike rides, under the dubious claim that bicycle rides are a danger to public health and safety.

We looked into applying for permits for our rides, but found that it was a bureaucratic nightmare. The rules for parades are totally inappropriate for bicycle rides. For example, 5th Ave. on a Sunday is prohibited, even though most of 5th Ave. is an official NYC bike route. The width of every roadway in the route must be listed in the permit, and the 5BBC would have to appoint a "Chief Officer" for each "parade" who would be "Responsible for the Strict Observance of all Rules and Regulations of Said Permit."

You can download the case files and keep track of the 5BBC's progress on their website.

Photo: Justin Shockley/Flickr

R.A. Whitworth, whose Maryland-based company conducts highway safety research for attorneys, insurance companies and even government agencies, discovered a few years ago that federal regulators were collecting the global coordinates of fatal accidents and linking them to its database, known as the Fatality Analysis Reporting System, or FARS. The database is one of the most important kept by the federal government.

Almost by happenstance, Whitworth discovered on the agency's website in 2004 the geographic coordinates of fatal accidents. He immediately saw the value: He could create maps of accidents, providing insights into where they were occurring on any given day and under what conditions.

He downloaded the data to his computer, but a few days later it was gone from the website. He called the agency and explained that the data had disappeared and he would like the agency to repost it. Officials called the posting a mistake and said he should erase it from his own computer, he recalled.

Whitworth waited until the following year, to see if the agency would again mistakenly post the data. This time, it did not. So he filed a Freedom of Information Act request with the agency in September 2005. The request was denied.


The rejection letter said that "the disclosure would constitute a clearly unwarranted invasion of personal privacy." Exactly how a set of coordinates would invade a dead person's privacy was not made clear. Police routinely release the names of fatal-accident victims....

Whitworth appealed the decision in November 2005, but never heard back from the agency.

What did he learn from the 2004 data that he downloaded? Among other things, he discovered an alarming number of crashes of sport utility vehicles occurred on hot days on Interstate 15 in San Bernardino County, as Southern Californians headed to Las Vegas. That interested him, because he is doing research for attorneys suing Ford Motor Co. for rollovers involving Explorers equipped with Firestone tires.

"Is there a disconnect between where the money is needed to curb fatal accidents and where it is actually going?" Whitworth wonders. "I don't know, but I am not satisfied with the answers I am getting."

Reported in the New York Times:

Chad Marlow, who represents the New York City Pedicab Owners Association, said the association agrees with much of the legislation, but plans to file a lawsuit challenging some elements of it. He said it believes that the Council was within its rights to impose a cap as the city does with taxis, but that the restriction on electric motors and the provision giving the police the power to ban pedicabs from Midtown run afoul of the law.

Four council members abstained from yesterday's vote, raising objections to the restriction against electric motors.

At a council hearing before yesterday's vote, Councilman Alan J. Gerson, who supported the original legislation but removed his name from the current version of the bill, said, "They're nonpolluting, they're quiet; why should the city care if they are electric assist or not?"

AMNY reports:

The City Council is poised to put the brakes on New York's freewheeling pedicabs, prompting hundreds of their drivers to say the regulations would devastate a pollution-free way to get around town.

"They say we are causing traffic congestion," said pedicab driver Mega Martinez, 43, at a protest Tuesday. "How can that be? We are the only ones who can get around the traffic."

In addition to capping the number of pedicabs at 300, the City Council bill would completely ban those pedicabs that use electric-assist motors. While most of these motors use less power than a hair dryer, Comrie said the council considers them motor vehicles, subject to state laws.

A vote on the pedicab regulations is scheduled for Feb. 28.

Photos: Bill DiPaolo 

What we want is something that addresses the problem of bunching up. A cap doesn't address that. [The city] seems more interested in a symbolic solution than an actual one.

Tuesday February 13, 2007
11:00am Pedicab Ride Leaves from 49 East Houston to City Hall
Free Pedicab Rides to the Rally Will be Offered to all Press
12:00noon-2:00pm Rally and Press Conference, City Hall Steps
Free Pedicab Rides from the Rally will be Offered to all Attendees

Photo: Finstr/Flickr

There are laws on the books to stop jaywalking, but if one New York state senator gets his way, it will soon be illegal to bop along to your iPod while crossing the street.

Sen. Carl Kruger will propose a bill that would ban using an iPod - and any other electronic device that is a distraction - while crossing traffic, WCBS-TV reported Wednesday.

"We're talking about people walking sort of tuned in and in the process of being tuned in, tuned out," Kruger, a Democrat, told WCBS-TV. "Tuned out to the world around them. They're walking into speeding cars. They're walking into buses. They're walking into one another and it's creating a number of fatalities that have been documented right here in the city."

Newsday is reporting that NYPD Assistant Chief Bruce Smolka has filed for retirement. Smolka is reknowned for his needlessly aggressive tactics in breaking up peaceful political demonstrations, his disregard of basic civil rights and his all-too-frequent abusiveness towards women. In one infamous video he was caught kicking a female demonstrator in the head at a May 2003 sit-in.

Newsday reports:

Smolka made the announcement last week, surprising police commanders gathered for a meeting at police headquarters, police sources said. The 32-year veteran will work his last day in less than a month, then go to work for Ron Perelman, head of Revlon Corp., sources said. Smolka's retirement comes as his reputation would appear to be set in stone: Rank-and-file police officers adore him - one told Newsday he'd take a bullet for him - while civil libertarians and many of those who have taken part in recent demonstrations say he is short-tempered and overly aggressive.

The story goes on: 

Smolka emerged as a key figure in the protests during the RNC. More than 1,800 people were arrested. The New York Civil Liberties Union has filed two lawsuits challenging those mass arrests, and Smolka is in the middle of giving a deposition regarding police tactics, according to lawyers involved in the case. Meanwhile, a separate lawsuit is nearing trial in Manhattan Federal Court, as Cynthia Greenberg has accused Smolka of repeatedly kicking her in the head and cursing at her while trying to arrest her during a 2003 Manhattan rally in which demonstrators protested the U.S. government's immigration policies.

In 2005 the editors of the New York Press selected Smolka as number 17 on the year's list of the Fifty Most Loathsome New Yorkers. I wrote up the entry. Here is the longer, unedited version:

Last Friday the NYPD smashed yet another Critical Mass bike ride seizing 50 bikes and arresting 37 people for the crime of assembling in Union Square Park on two wheels. It was a continuation of the crackdown that started during last summer's epic 5,000-rider Republican National Convention event. Despite a federal court order declaring the NYP's actions illegal, it doesn't look like the cops are going to let up. As the weather gets nicer and the rides grow in size, the confrontations are likely to get worse.

Architect of the Critical Mass crackdown is NYPD Assistant Chief Bruce Smolka. A little background: Before turning his attention to cyclists, Smolka was the commanding officer of the NYPD's infamous Street Crimes Unit. It was his officers who, in February 1999, pumped 41 bullets into Amadou Diallo, an unarmed African immigrant guilty of nothing more than standing in the hallway of his own apartment building. Though the incident nearly sparked race riots and ultimately led to the disbanding of the Street Crimes Unit, it earned Smolka a promotion. Today he runs Patrol Borough Manhattan South and is chief for all of Manhattan below 59th Street.

The new job combined with the exigencies of the post-9/11 era has given the 30-year NYPD veteran the opportunity to practice his doctrine of overwhelming force and disregard of First Amendment rights on a bigger, more public stage. In February 2003, Smolka illegally ordered horseback-mounted police to charge into a group of peaceful anti-war demonstrators. In April, he confronted a group of about 100 demonstrators in front of the midtown headquarters of Carlyle Group with three times as many officers outfitted in full riot gear. "We were swept off the street like fleas," Ben Maurer, an activist arrested that day, told a journalist on the scene. "I was illegally arrested, just for yelling at a building."

But it wasn't until 2004 when Smolka was appointed co-chair of site security at the Republican National Convention that he really hit his stride. Responsible for securing midtown and everything moving in and out of Madison Square Garden, the Chief could often be found standing on his perimeter, head clean-shaven, blue eyes squinting, chin jutting, arms folded across his chest like an urban Patton. A hands-on kind of guy, never afraid to dive into a crowd of demonstrators, Smolka personally oversaw the illegal arrest and detention of hundreds during the convention.

Smolka's civil liberties violations didn't stop once the Republicans left town. Perhaps humiliated by his inability to predict or control the humongous Critical Mass ride of August, the chief seems to have made it his mission to completely destroy the ride. He continues to unleash his wrath and the full force of the NYPD on cyclists the last Friday of every month. Internet bulletin boards that post his photo inevitably fill up with messages or recognition like, "Hey, Smolka is the asshole who very deliberately threw me in the street then told me to get out of the street."

Justice may be catching up to Smolka. At a December 8, 2004 federal court hearing on Critical Mass, civil liberties lawyer Steven Hyman skewered the chief before federal judge, William Pauley. The day's highlight was Smolka's attempt to argue that seven bikes lined up on a New York City street are a "procession" requiring a permit while seven motor vehicles clogging the very same street are simply traffic. Judge Pauley didn't buy it. He ruled that the NYPD acted improperly by arresting and seizing the bicycles of Critical Mass riders and he denied the NYPD's request for a federal injunction preventing people with bikes from assembling at Union Square Park on the last Friday of the month. By the judge's ruling, bikes have just as much right to be traffic as cars.

For anyone who has followed Bruce Smolka's career, Judge Pauley's verdict was not a surprise. The upside of being arrested in a Smolka street sweep is that you have about a 100% chance of being exonerated when your case finally comes before a judge.