At today’s Stated City Council meeting, Council Member Rosie Mendez (District 2, Manhattan), along with Council Members Alan Gerson and Gale Brewer, will introduce a bill to balance the NYPD’s duty to ensure public safety with citizens’ right to free assembly. If enacted into law, the bill will override the parade permit rules adopted by the NYPD a year ago which were created without City Council oversight and require any group of 50 or more to obtain a permit. Currently, anyone in such a group without a permit is subject to arrest.

Full text from a press release from the NYC Bar Association:

NYC Bar Association urges City Council to adopt clear guidelines for parade permits

NEW YORK—In a letter to City Council Speaker Christine Quinn, the President of the New York City Bar Association urges the City Council to define the term “parade” and to adopt clear legal guidelines for the issuance of parade permits.

Section 10-110 of the New York City Administrative Code, enacted by the City Council, requires that a permit be obtained from the Police Commissioner before a “parade” can take place “upon any street or in any public place.” The term “parade” is not defined in the Code, and only limited guidance is given to the Police Commissioner to determine when permits should be granted or denied. Such unguided delegation of authority is inappropriate, especially because parades and other public gatherings are core First Amendment activities.

The resulting parade regulations, adopted by the NYPD in January, broadly define “parade” as any “recognizable group” of “50 or more pedestrians, vehicles or bicycles” that “procee[d] together upon any public street or roadway.”

“…[B]ecause both the delegation of authority to the Police Department and the Police Department’s implementing regulations are so broad and open ended, the police will inevitably engage in a wide degree of selective and discretionary enforcement, which has the very real potential for becoming a means for suppressing particular points of view,” NYC Bar President Barry Kamins writes.

Kamins’ letter comes shortly after Speaker Quinn’s editorial on parade permits was published in the New York Blade on October 5th. Kamins writes that Quinn’s assertions in the editorial wrongly suggest that the City Council is powerless to fix the flaws in the parade regulations promulgated by the Police Department.

The letter calls on the City Council to hold public hearings on the topic of parade regulations; to amend the Administrative Code to clearly define what a “parade” is; and to establish specific criteria for issuing permits.

A copy of Barry Kamins’ letter can be found here

PARADE WITHOUT A PERMIT!
SATURDAY, SEPTEMBER 29TH @ 7PM
WASHINGTON SQUARE PARK @ THE FOUNTAIN
(Pouring) Rain Date: Saturday, October 6th @ 7pm

This Saturday September 29th Assemble For Rights NYC will join with LGBT groups to protest City Council Speaker Christine Quinn's Endorsement of the NYPD's Parade Permit Rules.

Satuday's "Parade Without A Permit" will highlight that Ms.Quinn's endorsement, of the NYPD's rules, undermine the very same civil rights that made it possible for her, an out lesbian, to obtain political office. The Parade is being organized by Radical Homosexual Agenda (RHA). RHA says, "she has sold the queer community and her constituents down the historical river for her own political gain. We'll remind Quinn that she has her pot of gold, but she better not forgot the rainbow that led her to it! The Stonewall veterans never asked for a permit, and neither will we!"

Despite outcries from numerous organizations, NYC residents, and civil rights advocates and guardians, including The National Lawyers Guild, The New York Bar Association, and 12 City Council Members, City Council Speaker Christine Quinn has praised the NYPD's rules. More over the rules were created with no public hearings within City Council, and were never put to a vote by City Council - they were created unilaterally by the NYPD while Ms.Quinn stood by and watched.

Council members, including Rosie Mendez, have proposed legislation which would override the Police rules and would establish a Parade Permitting system which would balance first amendment and public safety concerns. Assemble For Rights NYC calls on Speaker Quinn to publicly endorses Ms.Mendez legislation and initiate the process to bring it to a full vote in City Council.

For more information visit:
radicalhomosexualagenda.org

ASSEMBLE FOR RIGHTS NYC JOINS RADICAL HOMOSEXUAL AGENDA PARADE WITHOUT A PERMIT IN HONOR OF CHRISTINE QUINN

When: Thursday, April 19th at 4:00pm
Where: City Hall Park

On April 19th, The Radical Homosexual Agenda (RHA), with other civil rights interested groups, will hold a "Parade Without a Permit" at City Hall at 4 pm to protest the new NYPD parade permit rules. The Assemble For Rights NYC coalition stands in solidarity with RHA and these groups and will join them Thursday in their first amendment protected peaceful assembly.

Counter to the NYPD's intent to increase safety, their new rules increase tension on the streets by creating conflicts with peaceful groups where there was none. Assemble For Rights NYC will join RHA in calling on City Council and Speaker Christine Quinn to overturn the NYPD's counter productive parade rules.

The "Parade Without a Permit" is intended to challenge both the recent NYPD parade law and City Council Speaker Christine Quinn. "The Stonewall rebellion shattered an environment of police repression and social marginalization. It was a watershed event in which the queer community said enough to police and political repression" said 37 year-old Jessica Rechtschaffer, a member of the Radical Homosexual Agenda and New York City resident. "And now Quinn is taking away the very civil rights that made it possible for her to become the Speaker of City Council."

In January 2007, the NYPD passed a new law attacking freedom of assembly. The police law states "any procession or race that consists of a recognizable group of 50 or more pedestrians [or] vehicles... proceeding together upon any public street" must apply to the police for a permit. And then, they may gather only if the police approve.

http://AssembleForRightsNYC.org

Last Night in the first Critical Mass ride since the NYPD promulgated their new Parade Permit Rules, the NYPD made 3 arrests and issued 47 tickets, according to news reports this morning.

None of the arrests cited the New Parade Permit Rules.

"Of the three people arrested, one was charged for disorderly conduct, one was charged with obstructing government administration and charges against a third person charge had yet to be determined last night, the police said." -NYTimes

Channel 11 has an excellent full length video report of the ride HERE.

Additional Media Coverage of Last Nights Ride:
NYTimes
NY1
Newsday
WNYC

The 5BBC and several other plaintiffs are suing the NYPD to block implementation of the NYPD's parade rule changes. A statement from the 5BBC:

On March 27, the 5BBC and several other affected parties filed a lawsuit in Federal court, asking a judge to stop the NYPD's new rules that would let the NYPD ticket or arrest any "recognizable group" of 50 or more cyclists that ride together without first obtaining a parade permit from the Police Department.

NEW YORK, New York (March 27, 2007) - The City of New York quietly dropped a major lawsuit against TIME'S UP! after two years of legal browbeating at taxpayers' expense. In the lawsuit, filed March 22, 2005, the City claimed that cyclists riding together in a group are required to apply for a parade permit. The lawsuit against TIME'S UP! and four of its volunteers sought to inhibit their right to free speech and to freely assemble in public space.

CIVIL LIBERTIES ADVOCATES SPEAK OUT AGAINST NEW ASSEMBLY RULES, CITY COUNCILMEMBER MENDEZ VOWS TO REVERSE NYPD RULE CHANGE

What: Rally to Resist NYPD's New Public Gathering Rules
Who: Civil liberties organizations, City Councilmembers, bicycling advocates
Where: One Police Plaza
When: Wednesday, Jan. 31, 12:00 noon

LOWER MANHATTAN - Community groups including Transportation Alternatives, civil liberties advocates including Norman Siegel, and members of New York City Council including Rosie Mendez will rally on Wednesday, Jan. 31, at 12:00 noon outside One Police Plaza to protest New York Police Department Commissioner Ray Kelly's most recent attempt to chill the exercise of free speech and gatherings in public places. On Friday Jan. 26, the NYPD promulgated new rules dictating when and by whom parade permits must be obtained.

City Councilmember Rosie Mendez promises to overturn these rules in City Council. Ms. Mendez stated: "I believe that the NYPD 's continued attempt to regulate our free speech is unnecessary and continues to infringe on our First Amendment rights…. permits should not be conditioned on an unreasonable and arbitrary number and they should definitely not be required by groups who stay within the limits of the law." Ms. Mendez continued: "I vow to work with my council colleagues to protect First Amendment assembly rights and reverse the NYPD's amendment."

Citizens and civil rights advocates from across New York City call on the City Council to exercise oversight of the NYPD. Police Commissioner Kelly should not be the arbiter of when and where people can gather on streets to voice their grievance, particularly considering that, at times, those grievance concern NYPD. Assemble For Rights coalition asserts that only New York City Council, as the elected representatives of the people, possess the authority to make laws affecting our civil rights. NYCLU Executive Director Donna Lieberman echoed this position: "changes to our city's permit laws should be made by the City Council, not the police department."

These new NYPD rules, modifications of rules NYPD sought in August but met with fierce opposition, require that any public gathering by a group of 50 or more obtain a permit. Furthermore, groups of pedestrians and cyclists must apply for permits even if the group is in full compliance with all traffic laws. Anyone without a permit is now subject to arrest. Publishing the new rules means NYPD can begin enforcing them as of Feb. 25.

Section 1 a. of the newly published rules says: "A 'parade is any procession or race which consists of a recognizable group of 50 or more pedestrians, vehicles, bicycles, or other devices move by human power, or ridden or herded animals proceeding together upon any public street or roadway."

On 29 December 2006, the New York Times wrote an Editorial stating
"The department’s proposed parade law — which would greatly restrict the right of assembly for even small groups — goes overboard and isn’t likely to stop the monthly [Critical Mass] rides anyway. Considering that more than 200 cyclists have died in traffic in New York over the last decade, including two hit by motorists on a bike path recently, the department should have better priorities."

For the full text of the NY Times editorial, download a pdf copy or view it on the NY Times site

Assemble For Rights Director Mark Taylor appeared with UFPJ's Leslie Cagan, Councilmember Rosie Mendez, NYCLU's Chris Dunn on WBAI's OutFM program.

They discuss the proposed rules, city council's involvement, and the pending effects on our civil liberties.

Click to listen to the audio archive from WBAI