Critical Mass bikes

Freedom of association vs. law & order in NY (2010)

United States District Court for the Southern District of New York

     *Five Borough Bicycle Club, et al., v. The City of New York 1:07-cv-02448-LAK

Judge Kaplan ruled on February 16, 2010, that the City of New York did not violate the First Amendment when the New York Police Department instituted a new rule that would let them ticket or arrest any "recognizable group" of 50 or more cyclists riding together without first obtaining a parade permit from the Police Department.^[7] 

One of the groups most affected was the organizers of "Critical Mass," a group that held frequent "bike protests" in the city. In 2004, during the Republican National Convention, over 100 cyclists were arrested for disorderly conduct after a group of roughly 5,000 of them rode past Madison Square Garden in protest against former President George W. Bush.^[7]

After the law was passed, the Five Borough Bicycle Club (5BBC) sued the city in 2007, describing the process of obtaining permits as a "bureaucratic nightmare," and challenging the NYPD's assertion that it would ticket or arrest a group of 50 cyclists or more without a permit. The 5BBC asserted that the requirement violated its members' constitutional rights of expressive association, free speech, and to travel; several individual plaintiffs also asserted that the NYPD retaliated and selectively enforced regulations against those who participated in the Critical Mass rides.^[7]

Judge Kaplan asserted his sympathy for the cycling groups' position and acknowledged the inconvenience of the law. Nonetheless, he found that the City of New York had a sufficient interest in facilitating traffic flow and protecting the interests of those on the road, and therefore, that there was no violation of the First Amendment.^[7]