Eleven citations at Sacramento Critical Mass
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
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.
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.
There were signs of bruising evident.
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.
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?
Maybe By needs a trike.
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".
"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.
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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