New York cyclist and attorney David Rankin filed a lengthy third amended complaint, to the lawsuit pending in Federal Court in New York. Read the complaint: it sets forth a sordid tale of civil rights abuses that continue in this ongoing saga that began with mass arrests during the Critical Mass ride on the Friday during the RNC convention in 2004. On November 1 of that year, the City filed a lawsuit in an effort to stop the monthly critical mass ride. Judge Pauley denied the city’s request for an injunction against Critical Mass riders, instead granting CM riders an injunction against the city: New York may not seize CM riders’ bicycles without charging them with a crime. As the Interactivist page says, “This is only the beginning, though, and there is a long road ahead.”
We’ve won the first round, see Graney v MDC, and now the Mass. Appeals Court has held that a bike path is a transportation facility and the government can no longer hide behind the “recreational use” exemption in failing to maintain bike paths. See Shu-ra ALI v. City of Boston.