Federal and State Judicial Victories

In 2004 Time’s Up! steps up its campaign to defend New Yorker’s First Amendment Rights.
Since its inception, Time’s Up! has been dedicated not only to protecting the environment, but also to defending the community’s right to use and assemble in public spaces. Fueled by the suppression of First Amendment Rights during and after the 2004 Republican National Convention, Time’s Up! unites with acclaimed civil rights attorney Norman Siegel, New York Bar Association National Lawyers Guild, Assemble for Rights NYCRadical Homosexual Agenda, 100 Blacks of Law EnforcementFreeWheelsInternational Mobility Justice Project, and numerous legal observers and video journalists to defend the right to speak and assemble peacefully. Time’s Up remains committed to these rights, and engages in fun campaigns to promote free speech and the right to assemble without applying for a permit. Currently, Time’s Up is working with New York Occupy Wall Street and the NYC legal community to ensure these fundamental rights. Many law firms and individual lawyers have filed successful lawsuits supporting the right to assemble, including protection for group bike rides.
TIME’S UP! STATE JUDICIAL VICTORY


2/14/2006

Judge Michael D. Stallman’s Ruling

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

9/11/2006

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.

1/9/2006

Judge Gerald Harris’s Ruling

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.


12/23/2004

Judge William H. Pauley III Ruling

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.


10/28/2004

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.

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