Justice Michael D. Stallman of State Supreme Court in Manhattan denies New York City’s motion for a preliminary injunction to stop the Critical Mass bicycle ride if it has not requested a permit. He also refuses to prohibit Time’s Up! and the four Time’s Up! volunteers cited in the complaint from taking part in it, from gathering at Union Square Park beforehand, or from announcing the ride on the group’s Website, as the city had requested
RELATED FEDERAL & STATE JUDICIAL VICTORIES
Criminal Court Judge Ellen Gesmer dismisses charges of disorderly conduct against three bicyclists who took part in the January 27, 2006 Critical Mass ride, saying that the case lacked evidence of such conduct. The judge skirted the issue of whether a city law that bans parading without a permit is unconstitutional. But she wrote that had she been compelled to rule, she would have judged the law constitutionally suspect.
Justice Gerald Harris of New York City Criminal Court rules that the parade permit law is “hopelessly overbroad” and “constitutes a burden on free expression that is more than the First Amendment can bear.” Harris rulings stem from a case involving eight cyclists who were arrested at a Critical Mass ride on January 28, 2005.
U.S. District Judge William H. Pauley III denies the city’s request for an injunction that would prevent Critical Mass cyclists from gathering and riding without city permits, saying the city hasn’t required such a permit for a decade of riding.
Judge William H. Pauley III Ruling
U.S. District Judge William H. Pauley III rejects the city’s request to block the ride and grants cyclists’ request to disallow police seizures of bikes in instances where the bike’s owner has not been arrested.