Sometimes it seems to me that the real reason that Mayor Bloomberg and his Police Commissioner have gotten into their unending multi-million dollar war with Critical Mass bicycle riders is that they hate being sassed by scruffy radicals. Other times it seems to me that the fault really belongs to two former officials of Mayor Koch's era, Stanley Brezenoff and Nat Leventhal who restructured how NYC evaluates agency productivity. Those two developed and polished the Mayor's Management Report (To see the current draft of the MMR for the Police Dept. click here.

As I read the data there, there are fewer arrests in many categories of offenses. How can the police show they are busy? Well, issuing 49 summonses and arresting three Critical Mass riders certainly gives their numbers a boost -- but so does narcotics enforcement. Misdemeanor narcotics arrests -- read pot -- are up very sharply. Is this the result of a pot wave or a need to boost productivity numbers? You may want to read Paul Armentano's article on Alternet a few days ago where he points out that marijuana arrests are vastly and disproportionately of people of color. NYC arrested more than 32,000 for pot in 2006, overwhelmingly minorities.  read more »

Clyde Haberman gets it. In a good interview with a few of the Billionaires for Bush, Haberman points out what Mayor Bloomberg's office is unwilling to admit:

The spied-upon included many groups that, agree with their views or not, engaged purely in political activity; they had no history of violence and no agenda other than a constitutional right to oppose the government. The Billionaires are a good example. The only bomb that they’ve been known to throw is a joke that falls flat.

Nobody is disputing that the police had a right and a responsibility to make effective security plans for the RNC. But it seems the NYPD acted recklessly in engaging in widespread spying that failed to make a distinction between legitimate political speech and conspiracy to commit violence - between Billionaires and bombers. As Haberman quotes one Billionaire, New York's authorities may "suffer from a post-9/11 case of 'not knowing when to stop.'"

Haberman puts it into perspective:

It isn’t as if New York hasn’t rethought other policies that were deemed absolutely essential in the immediate aftermath of the terrorist attacks. With municipal blessing, hideous concrete barriers rose in front of one building after another across town. In recent months, most have finally been torn down — recognition that Fortress New York doesn’t cut it.

Similar questions have been raised about the refusal of the National Park Service, in the name of security, to allow tourists to climb to the crown of the Statue of Liberty. Such a restriction at this potent symbol of American freedom has been strongly criticized by the likes of Senator Charles E. Schumer and Representative Anthony D. Weiner, who hardly see themselves as soft-on-terror types.

Likewise, respect for freedom of speech is not a concession to terror. Many New Yorkers would feel more secure if their mayor would acknowledge that.

We still don't know the extent of the spying program and how far it went across the line. We don't know whether the program's defenders have any basis for their arguments. We won't know until the city agrees to release the surveillance records. So: what are you afraid of, Mayor Bloomberg?

Seriously. I know that being a Republican and all, you are predisposed to both extra-legal surveillance and lying about said activities, but please, for the love of Fiorello LaGuardia, please stop bullshitting me. It's unseemly and it makes you look like an even bigger ass. Today I read in the New York Times that you had to unleash the NYPD on all those "potential terrorist" and "anarchist" groups that may have been "planning to cause or take advantage of any disruptions", but that "We were not keeping track of political activities" and "We have no interest in doing that.”

Bullshit. You know it and so do I.

“We had a fundamental responsibility to learn whether groups might include any potential terrorists or anarchists planning to cause or take advantage of any disruptions,” Mr. Bloomberg told reporters at a news conference. Toward that end, he said, the Police Department monitored those who said they intended vandalism or disruptions and, he added, “in a few instances, we did keep track of groups or individuals who did plan to come to New York for the R.N.C. convention and who might have been planning violent acts.”  read more »

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 »

The thing is, to the New York Post, you're all just a bunch of dirty hippies - and potential terrorists. Oh, you may say you're just an ordinary American citizen and New Yorker, who wanted to demonstrate your disapproval of the Republican machine that chose to exploit 9/11 once again by flaunting itself at Madison Square Garden. Your nefarious plans may involve little more than wearing satirical costumes, helping poor folks with AIDS get housing, or even, say, being black and on the City Council.

But, according to the Post's editorial board, there's every reason to believe you're a terrorist like the ones who attacked the World Trade Center. As Oliver Koppel so insightfully noted, "vigorous advocacy can turn into violent acts." So try to keep your advocacy as tepid as possible.

In response to yesterday's revelations in the Times about the extent of the NYPD's pre-RNC domestic spying program, the Post has launched a typical right-wing broadside, once again ditching common sense for fluttery hysteria. Accusing the Times of "smearing the NYPD," the editorial breathlessly asks:

What will it take to make The New York Times wake up? Another 9/11? Madrid-like bombings? Violence like that of the '99 World Trade Organization meeting in Seattle?

(More...)  read more »