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Eleven citations at Sacramento Critical Mass

by Jason Meggs (( jm eggs at b clu dot org ))
A group of over twenty local bicyclists attempted to peacefully demonstrate for SAFER STREETS and AGAINST WAR FOR OIL on Friday, March 7, 2003. They were met with fierce discrimination from local police which included at least eleven citations and instances of physical abuse against two young women.
sacto-1.jpg
FOR IMMEDIATE RELEASE
March 9, 2003

Police Harassment Continues at Sacramento Critical Mass Bicycle Demonstrations

A group of twenty local bicyclists attempted to peacefully demonstrate for safer streets and against war for oil on Friday, March 7, 2003. They were met with fierce discrimination from local police which included at least ten citations and instances of physical abuse against two young women.

"We expected a possible return of the problems of the past," said Jason Meggs of the Bicycle Civil Liberties Union, which is coordinating a lawsuit brought by Critical Mass riders against the Sacramento Police Department after a long run of abuses from May through September of 2001. "The past two months there has been a return of an excessive police presence, and last month there were four citations which broke up the ride. There is no question that their goal is to crush First Amendment protected free speech in Cailfornia's Capitol."

The demonstrations gather to rally for sustainable transportation at the north steps of the Capitol building on the first Friday of every month. The rally is permitted through the CHP. After the rally, the group asserts its right to the road by bicycling lawfully and peacefully on city streets, chanting slogans and passing out flyers to cheering passersby.

"We aren't blocking traffic, we are traffic!" stated one young woman who rode in the group.

Police did not respect the demonstrators' right to the road, issuing many citations which were false on their face. At one point, because bicyclists had been stopped by police all along J Street, the remaining cyclists stopped and walked on the sidewalk in front of a gas station chanting, "No War For Oil -- Stop Harassing Bicyclists!" while police drove about the gas station lot and filmed them.

On Friday's ride, bicyclists primarily occupied the right lane on larger one-way streets and stopped for red lights and stop signs. Some cyclists at times occupied the left lane on one way streets with two or more lanes, as authorized under CVC 21202(b).

Nevertheless, police exercised what amounted to zero tolerance with malice against the group. In contrast, officers ignored violations by motorists who repeatedly ran red lights, drove under darkness without headlights on, and more. In one instance, SPD Sgt. Huff claimed that one young man's brand new light, purchased in a bicycle shop, was not street legal because it "did not illuminate the road". Observers were flabbergasted because the light did brighten up a long oval patch of pavement in front of the demonstrator's bicycle.

"They said they were specially assigned to Critical Mass and were not supposed to worry about anything else," stated another young woman who was cited on the ride when she allegedly failed to turn her headlight on when first mounting her bicycle. "They even drove a car down the sidewalk and when we pointed out that they could have hurt a disabled person they ignored us. It's an outrage that all these police are following us around, rather than doing something helpful for the community."

Background information including past press releases and links to photos and video can be found at http://www.bclu.org/sactocm/

Contact: Jason Meggs, (510) 816-2453, email jmeggs -a -t- bclu dot or g
BCLU and NLG attorney Larry Hildes, 360-715-9788
§lights to ride
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-2.jpg
Cyclists made sure they had lights. The BCLU brought a bag of 20 lights, available for sliding scale at cost. The Missing Link Bicycle Cooperative arranged the purchase at wholesale cost. The month before two riders were given citations for no headlamp. Such treatment is unjustified because the cyclists are travelling in a tight group with multiple lights within the group, occupying an entire lane, with a police escort.

§and they\'re off!
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-3.jpg
Leaving the capitol grounds to begin the ride.
§a fan sings us a song
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-4.jpg
this gentleman called out "Hey it's Critical Mass!" from the sidelines and sang us a song in support.
§First citations
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-5.jpg
After going only a few blocks, three people were pulled over to the left and one was pulled over to the right.
§Cited for impeding traffic
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-6.jpg
The citations were primarily for impeding traffic, CVC 22400(a). However, bicycles are defined as traffic in the vehicle code, and there are many allowances for a bicycle to take an entire lane even when travelling alone under the CVC 21202 section. More importantly, the First Amendment comes FIRST, taking precedence over traffic laws. The right to assemble and ride in a group to protest the catatstophic conditions facing the world right now must not be abrogated or abridged.
§Harassment citations on both sides of the street.
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-7.jpg
Cyclists were being cited on both sides of the street at 12th and J Sts. These citations are invalid and cyclists plan to contest them and file complaints against individual officers and the Department.
§NO BLOOD FOR OIL!
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-8.jpg
Frequent chants of "NO WAR FOR OIL!" and related slogans were issued by participants in the ride.
§One pulled over by loudspeaker, three cited.
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-9.jpg
The gentleman in the backpack was pulled over for allegedly leaving the right hand lane, which is legal for him to do in many instances under the California Vehicle Code.

The officer who pulled him over, T. Cooke SPD #725, next asked two of the witnesses who stopped to observe for their identification. They had been riding to the right, obeying all traffic laws. Clearly Cooke harassed them for exercising their right to observe for the protection of the first demonstrator.

They had good reason for concern.

Officer Cooke has a history of abusing peoples' rights at demonstrations in Sacramento. Two young women on the ride say that he was physically violent towards them without provocation later in the evening, injuring at least one of them. One of the women he attacked says that at an anti-war demonstration in the past, during which she was visibly pregant, Cooke pushed her to the ground in a manner which hurt her pregnant belly. At the December 6, 2002 Sacramento Critical Mass, in which riders were assaulted and battered by an individual impersonating a police officer, another rider has stated that Cooke was "a little too comfortable with the guy to have just met" and that he "was walking around looking really smug\" and looked "way too happy about what had happened to us". Cooke subsequently seized the video tape showing the first portion of the attack, and illegally did not issue a property receipt for it.

When asked about the tape during this enforcement stop, he denied knowledge of it. There are many other things which suggest that the Sacramento Police is covering up this incident and suggest officers may have been involved in its creation.

Here\'s the IMC story regarding that incident:
http://www.indybay.org/news/2002/12/1548311.php
§Citing an observer
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-10.jpg
Here is one of the two observers who had been riding to the right, who stopped and walked back to observe the citation. She is issued a citation, essentially for exercising her right to observe.
§Threatens videographer
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-11-2.jpg
This videographer was then threatened to be put in the back of his car for speaking peacefully to the officer about the incident.
§NO BLOOD FOR OIL!
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-12.jpg
Riders made good use of their time while they waited for the lengthy string of citations to conclude and for their fellow demonstrators to arrive, by marching along the outskirts of a gas station with their bicycles (effectively a symbol of independence from oil) chanting against oil wars.
§Police filmed the demonstrators from their car.
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-13.jpg
Police filmed the demonstrators from their car, which has a video camera mounted in front on the roof.
§Support from motorists
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-14.jpg
This African American family of three shouted support, saying "No War for Oil!" even as they filled up their car.
§More chanting
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-15.jpg
More chanting.
§We\'re always following you.
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-16.jpg
This officer stated that the police always follow Critical Mass, while his partner filmed me. I pointed out that numerous times, the group has been assaulted by motorists when the police did not intervene to help even when asked to.
§Bicycle patrol against bicyclists.
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-17.jpg
Bicycle patrol against bicyclists.
§No blood for oil!
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-18.jpg
More chanting, No Blood for Oil!
§A donation from a motorist!
by Jason Meggs (( jm eggs at b clu dot org ))
sacto-20.jpg
This motorist voluntarily offered a wad of bills to the riders in support. "Go buy yourselves coffee". A woman called out that the group would use it for legal defense.

More photos will be posted below in the comments, we only get 20 here. I hope you've enjoyed them. Please support the effort if you can. Demonstrators need legal support, press support, video support, flyer support, cash support and of course your participation.

From the Bay Area, meet at the Emeryville Amtrak station at 13:30 on the first Friday, group discount passes are arranged. Please call me if you need to get on at another station (e.g., Richmond, Berkeley, etc.).

For more information about Critical Masses occurring around the world,

http://www.critical-mass.org/

and next Friday March 14 is the TEN YEAR ANNIVERSARY OF BERKELEY CRITICAL MASS. Gather 5:30 PM Downtown Berkeley BART to depart after 6 PM. Party to follow.

http://www.berkeleycriticalmass.org/
Add Your Comments

Comments (Hide Comments)
by jm
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another citation
by jm
sacto-21.jpg
it was a beautiful night..
by jm
sacto-22.jpg
riders kept on rolling when police picked people off, thus thwarting their efforts to keep the ride immobilized.
by jm
sacto-23.jpg
I was pulled over after legally changing my position on the roadway to the left side of a one-way street of two or more lanes. I informed the officer of this right. He ignored the fact that I had the right to ride as I had been, and claimed I did not signal. A number of witnesses had seen me signal, and I verbally stated that I was signalling as I changed to the left lane. When I said I had videotaped my signal, the officer claimed I had illegally taken my hands from the handlebars. I asserted that bicyclists have the right to take their hands from the handlebars under State law, but are required to "be able" to place one hand on the handlebars.

by jm
sacto-24.jpg
A large group of officers arrived during my citation. I asked one of them how many officers had been assigned and when he said six, the additional units began rolling up and I was able to count eight at that time. Meanwhile, other officers were off continuing the harassment down the road.
by jm
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I forgot to include in that last comment that one of the officers, who was filming me, has a shiny metallic "CSI" pin, which he confirmed represents "Crime Scene Investigator".

When asked if he was investigating any crime, he said, "Not at the moment". A truer statement is hard to come by.

The light pictured above is the one that Sgt. Huff claims is not a legal light because it "doesn't illuminate the roadway" even though we could see that it did better than many commercial bike lights.
by jm
sacto-24-4.jpg
Despite the demonstration of the light illuminating the ground, Sgt. Huff continued to deny that it did and stated repeatedly that it was not a legal light.

In playing this game, he effectively forced a rider to stop participating for fear of a citation. With a brand new light purchased at a bike store.
by jm
sacto-25.jpg
We looked at the leg of the young woman who was injured by Officer T. Cooke SPD #725 (see above).

There were signs of bruising evident.
by jm
sacto-26.jpg
Pictured above, bogus citations from the February mass issued against two riders who had beautiful bicycles they had made themselves which officers claimed were "too tall".

What do these courageous cyclists get for their spirited efforts to promote a saner more sustainable world, a world where the leading cause of preventable death of children (ages 1-31 actually) in this country is no longer the automobile, and the leading cause of death for Iraqi children is no longer war for oil? For a world where air pollution is not killing people even more than car crashes do, causes a documented 10 IQ point drop for inner city kids due to lead still found in gasoline, causes asthma and emphysema in epidemic numbers and causes catastrophic climate change through global warming?

They get a pile of paperwork, court dates to attend to, false charges to fight.

This time however, the Sacramento Police has so-far failed to crush the Sacramento Critical Mass despite a violent and illegal campaign of intimidation designed to trounce upon their constitutionally protected human rights.

http://www.bclu.org/sactocm/

by .
screw cm. what a bunch of idiots.
by chiming in
"screw cm. what a bunch of idiots."

This statement really doesn't say much, except that you evidently want to rub salt in our wounds.

What, exactly, is idiotic about this group?

Is it that they thought they might have some right to use their bodies safely in public space?

That they might have some right to speak publicly about matters that greatly affect them and the world?

Is it that they stand up for themselves rather than bowing down to oppression and injustice?

What exactly is bothering you?
by bentrider
By is just jealous because By dosn't know how to ride a bike.
Maybe By needs a trike.
by buh-bay-bee
loo-seat-020716.jpg

  
by Colleen (artcgirl61 [at] hotmail.com)
Sorry about your leg, I was the other woman that was pushed by that officer. I have printed the photo of him and am making good use of it, he is a scary man and I will make a complaint against him. But in the mean time I will continue to ride with pride.... Thanks Jason for all your time and effort in the article.
by Rider
When I attended two Critical Mass rides this winter with Jason Meggs, he had no real message to speak of, just "Don't be afraid to care" Care about what, he had no answer. It’s not if you care or not, it’s how you live your life. He said nothing about Oil for Blood; Blood is spilled for almost every product that is manufactured. Rubber for his bike tires is made from OIL. Does he ride with tires made form natural rubber, NO.? He has no plan or idea on how to make things any better, nothing. I think Jason is just a professional protester without a job. He asks for monetary donations to pay his way to and from Sac, I saw hem except a 20 from a CM rider. He thinks the world should live like he does. Just because you buy thrift store close doesn’t mean that I do. Let’s tear down the bicycle manufacturing plant to build affordable housing. Jason thinks we should teardown all parking lots so he can have affordable housing. Jason get a better paying job! Jason, I think you should live like I do. Last I heard that this is a free country and if I can afford it I am sure someone will manufacture it and sell it to me, it’s a free market. He may still be in this to keep the Million dollar law suit alive to collect $$$. He protests all around northern Ca. No solutions just catch phrases.
by criminal mass


the tolerance for this silliness is coming to an end
you will soon find that civil disobedience will have a
rather high cost to the "protester".
by Jason Meggs (jmeggs accoount on the site bclu.org)
A recent post claiming to be from a "Berkeley Cop" (now evidently hidden as of yesterday, but not at my request because I wish to refute it) said the following:

"Lawsuit was los t
by Berkeley Cop Sunday, Jan. 02, 2005 at 7:45 PM

The aforementioned lawsuit by Critical Mass was resoundingly thrown out in
Federal Court by Judge Marilyn Patel. It was determined to be baseless and a
waste of the courts time. The court stated that the bicycle riders do not
belong to any so called protected class, and are not entitled to any
priviledges that drivers of cars are. The must obey the rules of the road and
there is no 1st Amendment protection for bike riders who, in part, behave like
immature hooligans. Some of the groups own ametuer video sealed their own fate.
The police video helped immensely in showing an even handed approach to
addressing the many problems these riders cause in our society. What Jason has
not disclosed is how is lived for 7 years in Berkeley, rent free, after he
illegally sublet an apt. He allegedly caused the legal tenant to flee the unit.
Jason sure seems like a nice enough guy, but what an ego! "

My response:

I'm very sorry if the Berkeley Police are under this impression.

Taking the errors in your statement one by one:

1) The lawsuit was not "aforementioned" in this story. Perhaps you've confused
two cities? (It is known that Sacramento and Berkeley PD have
been in communication about Critical Mass.)

2) The lawsuit against the Berkeley Police was certainly not baseless, and was
initiated in the context of escalating civil rights violations by the Berkeley
Police including violence, false arrest, and the targeting of organizers.

3) Your take on what Judge Patel said is incorrect. Anyone interested to read
the actual opinion and related documents can check
the BCLU website: http://bclu.org/projects/

4) The lawsuit is not over, as an appeal to the 9th Circuit is underway.

5) Is your negative mention of the effect of the plaintiffs' "amateur" (sic)
video intended to suggest that to have a voice in this culture, one must have
professional video crews?

6) You claim I have illegally sublet an apartment. The fact is I am a tenant
and my lawful tenancy was affirmed in Berkeley on summary judgement and was
later affirmed on appeal.

7) You claim that I have lived seven years "rent free." This is absolutely not
true, in fact, my landlord takes every rent increase possible and has stated
that increasing rent was a primary motivation for the illegal attempt to
evicting me. Furthermore, the cost of defending myself is an added burden and
has elements of a SLAP suit.

8) You claim that I "allegedly caused the legal tenant to flee." I would
like to know where such a claim came from as it is absolutely not true.
I was very accepting of the other tenants. Without getting into the nasty
details here, I endured a campaign of violence, theft and intimidation
which is well documented with witnesses.

9) You conclude with a statement indicating I have an unreasonably large ego,
as if it follows from your prior (false) claims. Do you intend to suggest I am
selfish in this? The fact is that the years-long legal battle over my tenancy
was difficult and very risky, but I stayed with it on principle. Do people
with principles equate to people with unnaceptable egos to you? Think about
it. The reality is that my case established an important precedent which is
helping prevent unlawful evictions on a daily basis. Knowing that my sacrifice
is protecting low income, disabled, and elderly tenants not just in Berkeley
but in many places througout the state does not inflate my ego, but it does
encourage me despite the harsh injustices to be found "even in Berkeley," all
too many of them have been directed at myself and others close to me by the
Berkeley Police.

Finally, it is really underhanded to post such an attack on an old story (about another City, no less). Are you trying to make sure I don't get the chance to correct the record?

It is, sadly, believable that this was written by a Berkeley Police officer. There is a long history of at least some officers saying false and negative things about me in addition to conducting a harassment campaign including false arrest. Obviously, every false arrest has effect of harming someone's record and their person in so many ways.
by Da Bombalast (nikwarwick [at] hotmail.com)
I thought this whole thing was about making the streets safer for bicyclists. Since when did it become a by-line about your personal legal issues? It sounds like you're expending way too much of your time trying to defend yourself instead of putting your energy into making things better for everyone.

I'm all for safer streets and riders' rights, but let's not lose sight of the common goal here! Seeing the overly righteous attitudes displayed in this entire thread, it's evident why so many motorists completely despise riders.

However, all that aside, the Sac PD was heavy-handed in the way they dealt with the issue, and it's disappointing to see how they were able to do so without any scrutiny.
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