[*BCM*] Parades vs. travelling on a bike

Anne Wolfe goannego at yahoo.com
Fri Mar 4 19:24:22 EST 2005


The bicycle group charity rides I've worked with all had to get parade permits or the equivalent.  If they were a long ride, it couldbe a major bureaucratic hassle, depending on the time of day we thought we'd be coming through.  Nothing ever denied, but occasionally requests to see if it was all right with us if we kept off main streets at rush hours, etc.  Making it a charity ride most likely won't exempt CM from anything.
 
Seems to me that CM's biggest obstacle is a) no one is in charge and no one wants to take the responsibility, and b) there isn't a desire to state the route ahead of time, which would also be necessary for the permit.  Once in, deviation wouldn't be allowed.  
 
On the other hand, if the parade route is granted with the permit, then people wouldn't be at risk of getting arrested on CM rides if they stuck to the parade route.  Shocking concept.

David Hammond <dabbotthammond at comcast.net> wrote:
Here are my best guesses:
>
> 1. How many vehicles/pedestrians must be travelling together (communally
> agreeing to travel in the same direction, and going the same place)
> before a permit is necessary? 2, 4, 10, 50, 100?

I bet this is governed by local ordinance, rather than at the state level.
It probably varies.

> 2. Is it the act of agreeing to travel together that makes it a parade?

That's part of it. I think one key component is in the intent: a "parade"
is held to celebrate, honor or display something (as opposed to a
"demonstration" held to protest or persuade). A second key component may be
its location - in the vehicular right-of-way - as opposed to, say, the
sidewalk or the road shoulder.

> 3. Should all group bike/car/pedestrian trips have to get permits to
> travel on public roads?

Absolutely not. That's totalitarian, IMHO.

> 4. Is arrest of non-permitted group travellers an appropriate punishment
> for the "crime"?

Technically, you are "under arrest" from the moment a law officer
communicates a request to you to stop moving. "Come here, I want to talk to
you.", or flashing blues/siren on is enough to qualify as a request to stop.
It's what happens afterwards - restraint and transportation (cuff 'n' stuff)
that enters the realm of punishment.

> 5. Is arrest of those violating traffic laws appropriate? (Seperately
> from the parade issue.)

Yes. See above.

> If you can tell me the legal answers to these questions, I'll come up
> with a plan. If not then I guess we just have to keep riding our bikes
> the way we believe is best, and see what happens.

I think one can argue in court that a CM ride is a demonstration, not a
parade. So then, what is a charity ride? Neither, I would guess. What do
the organizers of these rides do in regards to alerting the authorities
about their event.

I have a suggestion - turn CM into a charity ride. Everyone bring a
non-perishable food item and the CM stops at a food pantry or shelter or
something. Good PR, and maybe it sidesteps the whole parade issue.

Dave Hammond

> -Turtle
> who was arrested for trying to get a bis driver's name after he
> assaulted her, and was then told by the judge to stop riding in the
> road, and get on the sidewalk (In Boston, where sidewalk biking is
> illegal).
> _______________________________________________
> Boston Critical Mass mailing list
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> http://bostoncriticalmass.org/list

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