August 31, 2005
Villager: At anniversary of Critical Mass crackdown, 48 arrests
The astonishingly awesome Jefferson Siegel comes through again at The Villager where he has this to say about the August ride, the one-year anniversary of the beginning of the police crackdown:
In August 2004, the Critical Mass ride before the Republican Convention saw 5,000 cyclists pedal out of Union Square. Two hundred sixty-four would be arrested, including many who gathered in front of St. Mark’s Church in the Bowery in the East Village. Subsequent rides have seen arrests totaling from eight to 37 cyclists each month.A year later, one might think the last place someone would ride a bike would be in the monthly Critical Mass. But bike messengers, recreational pedalers, bike commuters and cycling advocates have proven to be a dedicated and obstinate clan of unswerving believers in their cause. Every month they continue to meet and ride. Their mantra, reflected in their stubborn refusal to back down from ongoing arrests, is also the title of a new documentary, “Still We Ride.”
Over the course of that year, tactics have morphed on both sides. Where the rides once left from Union Square and continued as a group, they now depart from various locations and often splinter into smaller clusters. The police, who would often lie in wait along the route and corral riders, now pursue the smaller groups in vans, unmarked cars and on motor scooters, often overtaking a group and forcing them to stop.
In addition, many cyclists and legal observers note the presence of undercover officers joining the ride, either to monitor its progress or facilitate arrests by calling in uniformed officers with their walkie-talkies. Bill Di Paola, founder of Time’s Up!, the East Village bike advocacy group, saw many suspect riders last Friday night. Di Paola is one of four Time’s Up! members who is being sued by the city for organizing the monthly rides; Time’s Up! claims they do nothing more than promote the rides.
Preceding the ride was another in a series of monthly Still We Speak pep rallies. Most notable of all the speakers was Norman Siegel, a candidate for public advocate, who updated the crowd of several hundred on the status of the Time’s Up! lawsuit. “Our position is, you do not need a permit to ride in the streets of the city of New York on your bicycles,” he said to cheers.
Last Friday’s ride left from several locations. The largest, with 300 cyclists, rode out of Union Square and headed south on Broadway. Lower East Side resident Barbara Ross got as far as Astor Pl. when, she said, “A whole group of police and scooters came out of nowhere and grabbed us.” She was one of the fortunate ones. Leaning her bike against a wall, she melted into a crowd of pedestrians and walked away.
Seventeen others were not as lucky. When the tail end of the group stopped at Third Ave. for a red light, an unmarked police car blocked their eastbound progress. Behind them, police on scooters appeared and surrounded them, ordering the riders to dismount and line up against the wall of Cooper Union.
East Village resident Michael Infranco has been on at least 10 previous Mass rides. “Waiting at the red light, perhaps foolishly,” he reflected, he was arrested for parading without a permit. Wearing a Transportation Alternatives T-shirt, Infranco stood in handcuffs while his bike was tagged as evidence and loaded onto a rapidly filling police truck.
Nearby, Claire Savage, a 25-year-old Hunter College graduate student, was on her first Mass ride. She said police told her to dismount and walk over to the wall. “I had no idea what was going on. I didn’t even know I was being arrested,” she recalled. “I wasn’t doing anything wrong.” Like other arrestees interviewed over the past year, she decries the unnecessary squandering of taxpayer money. “I think it’s an absolutely ridiculous waste of resources. It’s really disappointing.”
In the chaos of arrests on Astor Pl., a touching scene played out before bystanders and police. Philip Nayef and Catherine Ornstein, both employed in public health research, got engaged last month during a 500-mile bike trip through Alaska on a tandem bike. “We were meeting friends for dinner, we weren’t planning to do the ride,” Nayef said. They attended the rally and decided they would ride along as far as the restaurant. Just blocks from the restaurant, though, without warning, “the police just came in, essentially by storm, and surrounded us.”
The couple stood against the wall holding hands until police handcuffed them. As they waited to be processed, Ornstein occasionally leaned her head against Nayef’s shoulder. They would stay by each other’s side until reaching the Ninth Precinct. Shortly after midnight, they were reunited and greeted by members of Free Wheels, a group organized to provide aid to arrested cyclists. The pair was given fliers with legal information and loaner bikes for the ride home.
Nayef offered that police were patient and sympathetic. One said he was “just following orders,” he said. “We had conversations with them about how absurd the situation was.” Nayef noted one officer went so far as to criticize how manpower, time and resources were being wasted on the arrests.
Unfortunately, their ordeal wasn’t over. On their ride home to Brooklyn, Nayef was sideswiped by a speeding S.U.V. The auto sped off, but Nayef managed to have police catch the driver. Nayef was uninjured and the police were hesitant about filing a report but eventually did write up the driver. The couple were delayed another several hours by paperwork, finally arriving home at 3 a.m.
Another case of road rage was reported by Graeme McDonnell. Riding in the back of a group of cyclists approaching 43rd St. and Madison Ave., he was hit by a taxi. McDonnell was not injured but his rear wheel was crumpled. He walked to his nearby office and attached a replacement wheel. Later in the evening, he explained how he used his bike for work and commuting. Holding up his Bianci Eros, he proclaimed, “This is the company car.”
East Village musician Helen Stratford narrowly escaped the dragnet twice. She left Astor Pl. just before other cyclists were blocked in, and after continuing south on the ride, she pedaled away from another scene of arrests on E. Houston Street and Second Ave. “We’re out here endorsing a notion of transportation that’s environmentally and ecologically friendly,” she said after returning to Astor Pl. and watching the arrests with other bystanders.
Rachel Ekstrom, also of the East Village, was riding in a small group through Chelsea. They had been pedaling for only 15 minutes when, on 18th St. between Seventh and Eighth Aves., “I noticed a lot of cops on bicycles, but they weren’t dressed as cops,” she said. “They were standing by the other police cars. At the other end of the street the scooters blocked off the street and started arresting people.” Turning around, she saw that police had blocked off both ends of the street, effectively trapping the cyclists. “I hopped off my bike with a handful of other people. We went into a parking garage and hid behind some parked cars.” Her group avoided arrest but six others were arrested on the block.
At the ride after-party at St. Mark’s Church, East Villager Spike Appel screened a videotape for The Villager that was recorded as bicyclists continued down Avenue A. At Fifth St., an unmarked car pulled alongside the ride and a passenger pointed a video camera at the riders. When the ride reached Houston St. and Second Ave., police vans and unmarked cars were seen overtaking a group of riders. Police then jumped out of their vehicles and placed several cyclists under arrest.
In all, 48 cyclists were arrested Friday night, the largest number of arrests since last August’s Critical Mass arrests of 264. During last year’s convention week, a total of 410 bicycle riders were arrested.
The Police Department did not respond to a request for comment by press time.
Last week’s ride came at the conclusion of two weeks of bike events. The Bike National Convention, organized by Time’s Up!, consisted of workshops, meetings and, of course, rides. One of many notable events was the Aug. 15 Ride of Silence. Participants stopped at several locations where cyclists have been killed the past year in auto accidents, including along Houston St. at Elizabeth St. and at Avenue A. So far this year, 12 riders have been killed in the city, more than all of last year.
On Aug. 23, cyclists dressed as clowns held Bike Lane Liberation Day, “ticketing” any vehicle blocking a bike lane.
On Aug. 25, Freewheels held a press conference by the courts to announce a letter-writing campaign to the mayor, asking him to address the rationale behind the ongoing monthly arrests of cyclists. Parked near the podium was a pedicab, which Free Wheels had arranged to be at Critical Mass for the mayor to ride in so he could observe the popularity and benefits of bicycling on city streets. An inscribed invitation and a DVD of the “Still We Ride” documentary were delivered to a city office in the Municipal Building. There was no response to the invitation.
The mayor’s office did not respond to a request for comment by press time.
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August 29, 2005
Village Voice: Riding to the Rescue
From Village Voice
By Dara Colwell
With gasoline prices soaring toward $3 a gallon, New Yorkers might see cycling as a viable alternative if cyclists weren't repeatedly thrown in jail by the New York Police Department. Since last year's Republican National Convention, when the NYPD made headlines for conducting arrests at a pre-convention Critical Mass ride, the police have continued to pick up hundreds of cyclists, seizing their bikes and prompting ongoing protest. But now the debate has expanded overseas. Last Saturday, the World Carfree Network, an international organization promoting sustainable transportation, kicked off its "Free NYC Cyclists" campaign to draw global attention to the city's actions."We've been watching the situation for a year now, and it's obvious there hasn't been a local solution," says Arianna Farnam, a WCN staff member in its Prague headquarters. "We think this will have more impact than local campaigns because people in Europe see cycling as something worth supporting rather than suppressing."
WCN, which has member groups in 29 countries, initiated the campaign on August 27 to mark the anniversary of last year's preemptive roundup. Last August, Critical Mass was held two days before the start of the convention, which had already drawn thousands of protesters, and the NYPD reacted by seizing 264 cyclists in one of the city's greatest mass arrests to date. Of course, the RNC produced its own cache of arrestees—1,821 in total, the majority of whose cases were dismissed—but bicycle-related arrests have persisted. According to WCN, 518 cyclists have been arrested for participating in community rides since last August. Their bikes were also confiscated.
"For those of us experiencing this firsthand, it seemed appropriate seeking outside help. We want to draw attention to the outrageous policy here," says Sara Stout, steering-committee member in WCN's New York City office. "The city sees cyclists as a threat—it's effectively criminalizing us and not seeing the situation clearly—and we feel this campaign is an opportunity for them to learn something. We want resolution, not conflict."
For people whose radar has failed to pick up on Critical Mass, the loosely organized bike ride takes place on the last Friday of each month in 400 cities across the world and is usually held during rush hour to demonstrate cyclists' legitimate right to the streets. In 1993, New York City experienced its first Critical Mass, which continued to attract thousands of cyclists monthly without hitch—until last year's mass arrests. Since then, not a single ride has taken place in Manhattan without arrests or bike seizures, spawning multiple battles in state and federal court.
The city's reaction escalated in March, when it filed a lawsuit to try to prevent an advocacy group from publicizing the event—a move many cyclists saw as a means to silence discussion. The lawsuit also contended that the public could not participate in Critical Mass bike rides, claiming the event required a permit. But the legality of that claim remains unclear. Under New York law, bikes are considered vehicles subject to the same traffic laws as motorized vehicles. However, Assistant Chief Bruce H. Smolka, head of NYPD's South Manhattan Borough Command, has declared in court that he regards seven cyclists or more as a "procession," requiring a special permit.
"This problem is a human rights issue that concerns the world community," WCN's Farnam says from Prague. "From an international perspective, it's unlawful and unjust to arrest anyone for any reason if they're not breaking the law." Stout wholeheartedly agrees, saying, "It's already dangerous and nearly impossible to use a bike here, but to more or less criminalize it is just absurd."
Oxfam AmericaIn Europe, cycling is seen in a wholly different, if not holier, light. While CN monitors and explores global car-free alternatives from Prague, the Dutch, for whom cycling is almost genetic, are experts. With 20,000 kilometers of designated bike paths, the Netherlands has made cycling a significant part of the national infrastructure. "We used to fight against the authorities, but now they ask us for our opinion," says Miriam van Bree, national lobbyist for Fietsersbond, or the Dutch Cyclists Union, an outgrowth of the Critical Mass movement in the 1970s and early '80s. "Everyone thinks the Netherlands is a cycling paradise, but if we didn't put bikes on the agenda they'd be forgotten. It's natural to cycle, but it's not natural to make policy."
As it stands, the Netherlands has one of the highest bike densities in the world. Its population of 16.4 million owns 17 million bicycles, and an estimated 3.4 million hop on for the daily commute. But it wasn't always so good for cyclists. "In Amsterdam, it has been a long and hard struggle. Every bike path has been fought for," says Natascha van Dennekom, policy maker at Fietsersbond's Amsterdam branch. Van Dennekom explains that cars dominated the city's roads until cyclists banded together, increasing their numbers and, gradually, their influence. "Now our views are considered."
For Pascal J.W. van den Noort, co-founder of the Anglo-Dutch foundation Vélo Mondial, which focuses on promoting bicycle infrastructure and planning, the advantage of cycling in this day and age is a no-brainer. "In Europe, we already pay $8 a gallon, and I promise you it will go up. That's also America's future," he says. "I know Americans can calculate very well, especially when it's their own money. It would be like stealing from their own wallets if they didn't consider where they were spending it."
Of the situation in New York City, van den Noort regards it as serious, but prefers to take a more philosophical approach. "I think Bloomberg and Pataki should sit down together with Bush and share their experiences," he says, referring to how the president has become an avid biker since a bum knee forced him to stop running. Bush recently rode on his ranch with Lance Armstrong. "They should start planning a cycling infrastructure and ask those being arrested to help sort things out."
Back at home, the cat and mouse game continues. But as the cyclists' plight gains greater attention outside New York City, that could change. For one, Still We Ride, a documentary covering the August 27 arrests, which has been shown locally by Rooftop Films, will begin touring Europe in mid September.
"Whenever we show the film outside New York, we're met with a 30-minute discussion, even though it gives an in-depth analysis of the situation," says Andrew Lynn, one of the film's producers, who was also arrested on August 27. "People are shocked—wait, why is this still going on?—but we say we don't know. I'd say this falls into a pattern of curtailing civil rights that doesn't necessarily have anything to do with biking—it's community organization."
As World Carfree Network launches its campaign, which includes a global letter-writing campaign targeting New York officials, one thing remains certain, says WCN's Farnam: "August 27 is when this begins, but that's definitely not when it ends."
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August 27, 2005
NYT: Monthly Mass Bicycle Ride Leads to 49 Arrests in Manhattan
From NY Times
By Jennifer 8. Lee and Matthew Sweeney
Forty-nine bicyclists were arrested last night in Manhattan at the monthly Critical Mass ride, the police department reported.The rides are described by their organizers, the environmental advocacy group Time's Up!, as a demonstration to promote the use of transportation other than cars. The ride at Republican National Convention a year ago swelled to more than 5,000 riders, several hundred of whom were arrested. Since then, the rides have become a point of contention with the police.
Last night's arrests took place in at least four locations: Astor Place; Houston Street and Second Avenue; West 18th Street between Seventh and Eighth Avenues; and along West 34th Street. The captain who was overseeing arrests at Astor Place said the bicyclists were being charged with parading without a permit, disorderly conduct and obstructing traffic.
The Bloomberg administration says that the rides are large and not spontaneous, and thus require a permit. Lawyers for the city have requested an injunction against the rides. No ruling has been issued, but Time's Up! is in discussions with city lawyers.
The bicyclists, who have split into different starting points since the police confrontations began, began riding last night around 7:30. About 250 cyclists started in Union Square with 15 officers on scooters behind them. As that group moved through the city, officers from different directions converged on the group and bisected it, arresting bicyclists.
Time's Up! says that because the rides are demonstrations, they are subject to free-speech protections.
"People have a right to ride their bicycles on the street of New York," said Norman Siegel, a lawyer who represents the group. He is also a candidate for the city's public advocate.
"I'm calling on Mayor Bloomberg to intervene," Mr. Siegel said. "He has to tell the police department to chill."
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August 24, 2005
NYT: RNC Arrests to be investigated
The New York Times reports that the long-awaited Justice Department investigation into the legality of police tactics at the RNC is finally about to begin:
MANHATTAN: REPUBLICAN CONVENTION ARRESTS TO BE INVESTIGATED The Justice Department will investigate claims that the police violated citizens' civil rights in making arrests during the Republican National Convention last year. Responding to a request from the ranking Democratic member of the House Judiciary Committee, Congressman John Conyers Jr., the Justice Department said in June that it would investigate his allegation that the police engaged in a pattern of unconstitutional conduct. The police arrested 1,806 people during the convention, and in most cases the charges were dismissed or the defendants acquitted. Paul J. Browne, the Police Department's chief spokesman, said lawful dissent had been accommodated.(NYT)
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