The Prosecution Flees On Rev. Billy

This story isn't too surprising, but good news is always appreciated when it comes to the first amendment. Reverend Billy (a.k.a. Bill Talen) has been so outspoken in New York that the police here do not like to see such expressions of freedom. They provoked and arrested him for nothing, drawing up false charges and making criminals out of themselves (a crooked cop in New York? Never!). Instead of dropping it there, the city had the D.A. try to prosecute the Reverend, but apparently they could never get their act together.

From The Gothamist:

Hallelujah! Yesterday the judge presiding over the Reverend Billy case dropped the charges that claimed he harassed public officials. The Rev was arrested in June while reciting the First Amendment in Union Square during a Critical Mass ride which coincided with the protest of the proposed MOFTB rules.

Turns out the prosecutors didn't meet their deadline to file papers explaining the arrest and its justification. The Reverend's (whose real name is Bill Talen) lawyer, Earl Ward, said they likely let the deadline pass in order to end the case. The video from that day does a good job of showing that he was just reciting, you know, the amendment stating our rights to free speech and free assembly -- albeit in the vicinity of power-tripping police officers.

The NY Times reports that Civil Rights lawyer Norman Siegel "said the dismissal was not the end of the road for Reverend Billy. He said he would file a federal lawsuit against the city and the Police Department charging false arrest, malicious prosecution and violation of Mr. Talen’s free-speech rights." Did the NYPD really think they could send Reverend Billy to the Tombs and expect him to just roll over?

Time to teach the NYPD a lesson. If anyone can back up Reverend Billy, its Norman Siegel.

Critical Mass Bicyclists Want Their Day In Court

Well it is about time that the NYPD get some justice of their own. Bicyclists that have participated in the Critical Mass rides have been mentally tortured by cops on scooters and many individual crimes against the riders that have serious implications if they can win over judge and jury. The damages they are seeking are hefty as well, $5 million each for fifteen cyclists. The only times that the judiciary has been involved was when the city tried to go after the riders, only to fail every single time. Now it is time to turn those proverbial tables around.

From OnNYTurf:

After years of on the street and legal harassment by the City of New York, Critical Mass cyclists are fighting back. Several cyclists who participated in the September, October, and November 2004 Critical Mass bike rides are back suing the city. 15 plaintiffs are seeking compensatory and punitive damages in excess of $5 Million Dollars EACH for violations of several constitutional rights including denial of free speech, false arrest, and denial of due process. The briefing filed with the court today contains bizzarro play by plays of slow speed chases between cyclists and impish cops on scooters. But make no mistake, the charges against the NYPD are serious and if proven damning:

Defendants created false information against plaintiffs.

Defendants forwarded false information to prosecutors in the Office of the District Attorney of New York County.

Defendants misled the prosecutors and/or the Court by providing false information and/or testimony in initiating and throughout the criminal proceedings.

Defendants failed to turn over exculpatory evidence and other materials to the prosecutor despite proper demands and/or requests for the same.

Defendants lacked probable cause to continue criminal proceedings against plaintiffs.

Defendants acted with malice in continuing criminal proceedings against plaintiffs.

Defendants’ selective enforcement of the parade permitting scheme, the New York State disorderly conduct statute, VTL § 1234, and/or their powers to retain plaintiffs’ bicycles against plaintiffs violated plaintiffs’ constitutional rights under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution.

And here is the PDF of their lawsuit.

The bikers deserve their day in court. The harassment endured from the NYPD has gone on long enough. Now it is the cops' turn to sweat it out.