2006-02-15 CM Injunction Fails

For Immediate Release
February 16, 2006

TIME’S UP! to hold press conference to announce New York Supreme Court Judge Michael D. Stallman’s decision denying New York City’s motion for a preliminary injunction to stop the Critical Mass rides.

Press Conference Details

When: Thursday, February 16, 2006 at 11:30 am
Where: TIME’S UP! 49 East Houston Street (between Mott & Mulberry)
Participants: Defendants – William DiPaola, Brandon Neubauer, Matthew Roth Attorneys – Norman Siegel, Attorney, Steven Hyman, Attorney, Gideon Orion Oliver, Attorney, Deborah Berkman, Attorney

New York City — On February 14, 2006, Judge Michael D. Stallman of the Supreme Court of the State of New York, County of New York issued a decision and order denying New York City’s motion for a preliminary injunction to stop the Critical Mass bicycle ride unless a permit is issued. The Judge concluded that New York City had “not met the three part test for a preliminary injunction with respect to the pre ride gatherings for the Critical Mass rides, advertising of the rides, or the rides themselves.” The Judge further concluded that the City had not demonstrated the applicability of the New York City Administrative Code sections at issue to the Critical Mass rides.

William DiPaola, one of the named defendants, and Executive Director of Time’s Up!, also a defendant in the case, expressed his appreciation for the decision. “We are extremely happy with the Judge’s decision. It’s not only a big victory for free expression and the right to assemble but also supports bicyclists’ rights to continue riding in groups for safety,” DiPaola said.

Noted civil rights attorney, Norman Siegel, said “the City’s attempt to stop the Critical Mass bicycle rides was soundly rejected by Justice Michael D. Stallman of the New York Supreme Court. We are, are, of course, pleased by the decision. Hopefully, New Yorkers will be able to continue to ride their bicycles in the streets free of arrests, harassment, and hostility in ways that guarantee public safety for all New Yorkers.”

The legal team for defendants Time’s Up! Inc., William DiPaola, Brandon Neubauer, Leah Rorvig and Matthew Roth, was comprised of Norman Siegel, Steven Hyman and Deborah Berkman of McLaughlin & Stern, LLP, and Gideon Orion Oliver of Oliver and Oliver.

A copy of the 24-page decision is available upon request:


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