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Indybay Feature

Sacramento Motorist attempts citizen's arrest of Critical Mass

by Jason Meggs
In a brazen disregard for the civil rights of 17 bicycle demonstrators, a
motorist attempted to physically arrest Sacramento Critical Mass bicycle demonstrators and confiscate one
videocamera as "evidence", injuring two people. The charge? "Impeding traffic", a traffic
infraction.
motorist-attacks-sactocm.jpgd88122.jpg
Dec. 6, 2002 - Sacramento, CA

Sacramento Motorist attempts citizen's arrest of Critical Mass

In a brazen disregard for the civil rights of 17 bicycle demonstrators, a
motorist attempted to physically arrest Sacramento Critical Mass bicycle demonstrators and confiscate one
videocamera as "evidence", injuring two people. The charge? "Impeding traffic", a traffic
infraction.

"He made a big mistake," said officer Larry Cromwell of the Sacramento
Police Department. "Yes he would be in his rights to physically detain
and arrest someone if they were committing a violent felony, but not for a
traffic infraction."

In fact, the demonstrators were acting in accordance with agreements with the Sacramento Police Department. While the demonstrators were indeed using all eastbound three lanes of one-way N street, their behavior was not only legal and true to the agreement with police, but protected by the United States Constitution and there were plenty of alternate routes available.

"We aren't blocking traffic, we are traffic!" stated one woman who rode with the group.

The incident began at approximately 7 PM on Friday, December 6, 2002.
The monthly Sacramento Critical Mass bicycle demonstration, which occurs
on the first Friday of each month, was proceeding eastbound on N Street in
downtown Sacramento. The demonstration turned left onto 28th Street when
Jason Meggs, video legal observer, pulled to the side of the road to
document a police vehicle with damage to the front left bumper.

The motorist, driving a large grey Ford pickup truck, swerved up beside
Meggs and in a commanding voice shouted, "Freeze! You're under arrest!"
He jumped out of the truck and rushed towards Meggs demanding that he "Put
the camera down!"

"I thought he was a police officer," said Meggs. "He had short hair, a
heavy-set build, held himself like a police officer and he was shouting
that I was under arrest. I was scared I would be arrested, and moreover I was scared that he would hurt me, but I did not
resist arrest. I did try to ask him questions as he rushed me, but he
gave me no time. He grabbed the camera and ripped it away from me while I
verbally protested and stated that he was suppressing evidence."

After seizing the camera, other demonstrators, who had already passed by
in the roadway, returned. A young woman told the motorist that he had no right to take
the camera and she attempted to retrieve the camera. The motorist clutched the
camera tight to his body and a struggle ensued. Other demonstrators
attempted to retrieve the camera as well. Meggs, now freed by the other demonstrators' intervention, wrote down the man's
license plate and attempted to ask further questions of him to ascertain
if he was in fact a police officer.

The man would not say if he was or was not a police officer, and would not
identify himself, but declared to the group, "You'll find out soon enough. You're all under arrest!
You're resisting arrest!" The motorist pulled out a pair of handcuffs
contained in a leather pouch and began striking people on the hands
as if it were a club or blackjack. Two of the demonstrators injured
received cuts and may have other injuries.

After a struggle for the camera which at times was very animated, with the
large, bulky motorist being very aggressive, a demonstrator
who was observing realized she had a polaroid camera and prepared to take
a picture. Instantly the melee froze and the motorist transformed from an
aggressor into a charicature by assuming an upright, smiling composure.
One of the demonstrators who had tried to retrieve the camcorder took the
opportunity to fake a kiss.

Once the photo had been taken, the struggle resumed.

After some minutes, police began to arrive. The motorist immediately
began demanding that the group be arrested. Meggs demanded that the man be
arrested.

The camera was taken into custody and locked in the trunk of a police car
by officer C.W. Lem, 558. Meggs attempted to have the camera returned,
saying "I need to document what is going on here, I have a right to the
return of my camera." He was refused.

There was reason to believe the motorist was attempting to obtain special
privileges from the police by asserting that he was within the culture of
the police and therefore should be given the overriding power in the
situation. At one point he approached one officer who was speaking with
Meggs and stated that "Your supervisor over there said that just this guy is going to be arrested."

In fact the supervisor later denied that statement, saying, "I didn't say
that, I just said it looked like no one was going to be arrested."

The remainder of the evening's events would take a long time to recount
accurately, and so are not yet available for posting.

In summary, the police repeatedly attempted to get both parties to abandon
proceeding with a citizen's arrest. Even given the statements of all the
witnesses and the motorist, the police refused to execute an arrest on
their own. One young woman, with an ebony sunburst of mascara fused to
her cheek from tears, stated that one of the officers had told her that
none of the demonstrators were filing charges. She was scared to file
charges alone, and was worried that the officer was speaking the truth.
He was not.

In all, up to 13 officers had responded to the scene. They wore various uniforms,
from the Sheriff's Department, the Sacramento Police Department, and Regional
Transit police. Officer M. Moore, 711, stated that everyone present had been
contracted as police through R.T., "Regional Transit".

"Gee you know if they just assign one car to help keep the peace and protect our
right to demonstrate for l ike an hour or two, they could avoid this whole mess and
save sending out over ten cops for over an hour!" said one demonstrator who was
pulling a mobile sound system on a bicycle trailer.

After considering the serious effect which these types of abuses have on
the ability to exercise the right to demonstrate in Critical Mass, and the
tremendous disruption which had occurred, as well as the damage to the
camera and the injuries, a number of the participants decided to proceed
with an arrest, initially for P.C. 242, battery.

242. A battery is any willful and unlawful use of force or violence
upon the person of another.

Police stated that after reviewing the statements and police repors, that
the District Attorney might add additional charges.

"This man falsely imprisoned the demonstrators. He used unprivileged
force, assaulting and battering individuals. I wonder if he technically
impersonated a police officer," said Meggs.

The California Penal Code includes sections such as:

538d. (a) Any person other than one who by law is given the authority
of a peace officer, who willfully wears, exhibits, or uses the authorized
uniform, insignia, emblem, device, label, certificate, card, or writing,
of a peace officer, with the intent of fraudulently impersonating a peace
officer, or of fraudulently inducing the belief that he or she is a peace
officer, is guilty of a misdemeanor.

"He would not say whether he was a police officer, he looked and acted as
one, and he wielded handcuffs against the group."

After Meggs had signed a statement of intent to arrest the motorist, his video camera was returned by officer T. Coole, 725, who stated he would retain the original s evidence. He stated, "This is evidence the court's gonna use against you on the traffic violations." Yet no citation was issued to Meggs or anyone else at the scene as of 7:50 PM, when this reporter had to leave to catch a train. The urgent effort to leave the scene and catch the last train to the San Francisco Bay Area was interrupted by Officer, Jestes 74, in a large group of officer. Jestes claimed to have watched the videotape and alleged that the group had violated the law, and asked what their point was.

Meggs offered to speak with him later about the reasons for participating in Critical Mass demonstrations.

"Considering the history of Sacramento Police Department excesses and
abuses at Critical Mass and other demonstrations, the police were
unusually fair and even handed in this instance, despite the behavior of some officers," said Meggs. "However, it
did not go unnoticed by the group that the absence of even a single police
vehicle escort has repeatedly meant violence against the group. In July,
motorists threw bottles, then punched a videographer in the face and
smashed his camera, and later crushed a demonstrator's bicycle when
confronted at a gas station."

"In May, a motorist jumped a median and ran over a cyclist's foot, then
struck his knee, and pushed another cyclist out of the way and off his
bicycle, which was crushed. Numerous police vehicles and even a
helicopter were throughout the area, and a Lieutenant was notified of the
incident immediately after it had occurred, yet no apparent effort was
made to chase the motorist, and the police promise to arrive at the scene
and take a report never materialized."

In contrast, during months that police have accompanied the ride with a small presence, these types of situations were avoided. "There was an understanding from the Sacramento Police Department that they would assign a small presence, which demonstrators by and large advocated for in order to find the balance between police abuses and motorist abuses, ideally resulting in no abuses," stated Meggs.

"Until October of 2001, a nearly 10-year history of Sacramento Police
Department abuses had accrued, culminating in 12 citations and an arrest
during the September 7 demonstration," said Meggs.

The BCLU has brought suit against the Sacramento Police Department, and is
taking ongoing actions against the motorists who attack the demonstration.

==== Other Sacramento Critical Mass stories:

A recent post of video from one month earlier at the November ride, showing what a positive event the demonstration is when it isn't attacked:

http://www.indybay.org/news/2002/12/1547465.php

Here is the story of the filing of the BCLU lawsuit against the Sacramento Police Department:

http://www.indybay.org/news/2002/06/131356.php

Here is the story, with a link to video, of the motorist attack in May:

http://www.indybay.org/news/2002/05/126474.php

Here is a story with images from the outrageous behavior of the Sacramento PD on September 7, 2001:

http://www.indybay.org/news/2001/09/103783.php

Or go directly to a lengthy account of that and some other events:

http://guest.xinet.com/bike/sactocm/

You may find this especially entertaining, in light of all the bad news above:

http://guest.xinet.com/bike/sactocm/bikesincrosswalk.html

Finally, check out the world of Critical Mass:

http://www.critical-mass.org/

Add Your Comments

Comments (Hide Comments)
by Jason Meggs
Unfortunately, I can't edit the story once posted and apologise for any incomplete information, errors, and bad formatting.

One thing I just noticed is that I made a typo on the name for Officer T. Cooke, 725, who returned the damaged camcorder. I wrote officer Coole. He was not.

Another thing I think is important is the fact that the entire incident took place outside (evidently) a Regional Transit or City garage, where many official vehicles were being repaired.

A group of 5-9 mechanics working there were sometimes on the scene.

One man reports that when interviewed by police, a group of workers emphatically agreed that the motorist was by far the primary agressor, calling off in amazement all the things he did during the incident.

Hopefully those individuals were duly recorded in the police report, which will not be available to us for perhaps 10 days.

I tried to contact the arresting officer to give further details for the police report, as my statement was relatively brief and rushed, and it was a complete serious inconvenience trying to get in touch with the officer.

Firstly, he had a Sheriff's uniform. But he was working that night for City police. That meant perhaps 5-8 phone calls (don't have my notes with me) to information, various recordings, and various failed transfers. Once contacting City police, there was additional confusion. The officer actually has two badge numbers, one for each jurisdiction! I was at one point transferred to a voicemail system which after quite a bit of waiting and entering codes, informed me taht the officer had none. Finally at length a message was left for him to call another rider's cell phone, but due to intermittent failure of the cell phone to receive calls, it did not ring. BLAH! This literally entailed upwards of an hour or more on the phone.

The implications for people interested in Police accountability are even more serious than the frustrations for the general public. Pursuing an incident of police abuse is likely to be much harder under such a system.
by Jason Meggs
"In May, a motorist jumped a median and ran over a cyclist's foot, then
struck his knee, and pushed another cyclist out of the way and off his
bicycle, which was crushed. "

This is out of order. The motorist jumped the median, struck a cyclist knocking him down and injuring his knee. Then she ran over his foot when he stood up.

---

Another item of interest: one of the first officers was attempting to operate a small digital audio recording device. I encouraged him to do so because I was unable to document with video. He then gave up trying to operate the device. I repeatedly asked different officers about the return the video camera and the need to document what was transpiring.
by cp
fallingdown.jpg
Wow. that is probably made that guy's life. From the description of how he was already prepared in his truck for a vigilante event like that with handcuffs, and he already knew what he was going to say, it seems like he is the Michael Douglas character about angry men of european descent who aren't going to take it any more, Falling Down. He starts his breakdown while sitting in traffic in Los Angeles having to deal with the presence of other people.
Newsweek magazine put Falling Down on their cover in 1993, meaning that they thought it was a big social trend indicator.
http://the-tech.mit.edu/V113/N9/falling.09a.html
http://www.movieprop.com/tvandmovie/reviews/fallingdown.htm
http://www.greenleft.org.au/back/1993/102/102p19.htm
by scarry bent rider
What would happen if CM would apprehend and impose a citizen's arrest on a motorist for "impeding the right to breath"?
by scarry
yeah, it looks really scary with that loveable guy who lets you hug him and make kissy faces at him....

really it is like a big joke, yes? you arent "traffic" if you are intentionally being assholes and riding slowly in front of someone who needs to get somewhere.

now you are calling for the police to protect you so that you can obnoxiously ride slowly in front of people trying to get home from work and if they get upset, the police can intervene on your behalf?

by bent rider
So you think you are just 'trying to get home' all so innocent driving your car, and if any one ahead of you car, bike or ped interferes with your desire to speed they are guilty. Bullshit.
Cars Suck.
Cars kill.
Cars pollute.
And drivers are not innocent.

And put that in your class issue pipe and smoke it.
by Leni
Except, what you are saying just above reflects just a psychological illusion. First,during almost 100% of the time, riders only take one or two lanes, and the rides deliberately change directions every couple of blocks so that no one will get extremely angry, and also have time to plan a violent response. Plus, if you drive anywhere in the bay area, especially San Francisco, there are double parked cars and trucks and construction vehicles scattered everywhere, and no one would think to even honk or get angry at them because it's such a common occurrence. If these 40 riders had all been driving cars, that would be two stoplight cycles worth of vehicles, but no honking or physical assault would ensue. I note that no one went postal over the big bicycle grand prix race in SF with 170 professional riders a couple months ago that involved blocking off all of downtown to traffic. It's all psychology.

In this incident, did you realize that the assault with the handcuffs and the struggle over the camera occurred *in a parking lot*. The person with the video camera above had ridden into a parking lot where the city had buses and city vehicles waiting to be prepared so that he could film pictures of a smashed up police car that was waiting there. The streets surrounding this is somewhat low traffic - unlike a corridor like J street.

The driver pictured above had *followed* the ride for several blocks, turning where they turned and looking for a suitable moment to pull over and start malleting them with his handcuffs, and the parking lot was a suitable spot.
by JM
"yeah, it looks really scary with that loveable guy who lets you hug him and make kissy faces at him.... "

Like the story said, he froze and made a goofy face when he knew he was being filmed. Appearances aren't everything. Just look at any advertisement for dangerous products. Look at the propaganda coming from the government. If you analyze what's really behind it, it's absolutely terrifying.

Just because after a long period of struggle (perhaps several minutes) over the camera, he froze and smiled, doesn't mean that the situation was okay.

But yes it was *less* scary once enough time had gone on, and enough people came back to intervene, that it looked like things weren't going to escalate. No guns or knives, and no reinforcements for the attacker.

I think Leni has it right, about his state of mind that allowed him to smile like that and say the offensive things he did. He's probably been dreaming of being a vigilante for a long time. Presumably he's been brainwashed by right-wing radio merightblurthink misinformation for a while. Playing the hero in his own mind.

It certainly was quite scary to have a huge truck rush up and a big man (broad if not tall) with a militaristic haircut acting like an undercover cop barking orders fiercely come rushing up at you.

And it was scary to see the big struggle, in which people holding onto the camera were being shoved and pushed in every direction.

I actually tried to intervene when one tall man was going to get the camera, and held him back, because I wanted to make sure no one hurt the motorist even as I feared he would hurt us, and because I still didn't know if he was a cop.

But a minute earlier, when I was alone and didn't know what was going on, whether more cops were rushing in, or who he was, yes it was scary.

And in fact, there are a lot of scary things which have taken place in this movement, and in my experience the terrorizing comes from police and motorists.

If I had the video of him rushing me, which the cops took, you would have a better idea of what transpired.

Or at least, the people who might actually listen to you, look at the photo, and dismiss the incident (if there's anyone that susceptible on Indymedia!) would have a more clear image of what transpired.

by .
I hate CM. What a bunch of idiots.
by bob
Car drivers are angry they don't have the freedom of bicyclists. They watch too much TV and buy cars that they are told will give them freedom or revive their waining sexuality.

Notice how SUV ads never show them stuck in traffic. When cars are stuck in traffic they are all suckers together. When they are stuck behind cyclists, they go postal because they feel the cyclists know they are suckers for driving.

They drive to work and work to drive. It's a sad little world. And when they are confronted by the freedom of cyclists it makes them go ape shit because they have been fooled by corporate amerika. Or because they have shit jobs, with bosses they can't yell at. So when a cyclists is in thier sites, they attack.

It's all a little sad. Expecially because drivers are defending a culture of pollution that is giving their kids asthma and making thier asses fat.
by Just the Facts
>>> Car drivers are angry they don't have the freedom of bicyclists. They watch too much TV and buy cars that they are told will give them freedom or revive their waining sexuality. <<<

Read the medical reports--it's the bike riders who are becoming impotent.

The bike contingent is unrealistic. It's great if you can ride a bike around the city but most people don't live in cities anymore.
by cp
You know, global warming isn't just in the future, it's happening now. See - the water won't just go up at 3mm/year like it is now, but land-locked ice could suddenly melt at a nonlinear rate and raise the sea level 6 meters http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/12/07/national1913EST0628.DTL
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/11/15/MN49205.DTL

So you're going to passively wave goodbye at the dutch, the New Orleanans, the Bangladeshis, the micronesians as you impractically commute to Concord (which is about 30 miles outside of San Francisco) or from El Cerrito to San Jose (50 miles+ and lots of people do it).

What I just want to know if when are you going to turn to us and say, 'you were right, alternative transportation advocates, you were right. Even though you were only forceful enough to avert the overflow of Florida by a couple of months by your own actions, at least you told us so. You informed us what we could have done but did not do because we don't give a damn'.
by sci
Most ice in the Arctic is sea ice, which if it melts will not increase the sea level. The biggest rise in sea levels will come from the ocean expanding as it gets warmer.
by lp
during the last glacier period, 15000 years ago, the coastline was out at the Farallon islands. Sea level changes can have dramatic effects because most shorelines are big tall mountains rising from the sea - usually there is a vast area of land that is within 3m of sea level.
Does water really change density that much with going up a few degrees of temperature? I know that cold water is denser but I wouldn't think that warming could cause huge increases in volume.
by ............
The problem is, when ice melts, all the ice which is above the surface will be added to the volume.
The Antarctic ice isn't sea-ice. It rests on top of solid land and is mostly formed from precipitation i.e. it is freshwater ice. In addition - it is almost all above the sea level, with the exception of a skirt around the land mass.
Further, enormous quantities of freshwater ice cover landmasses such as Greenland, the Canadian Arctic islands, and some of the northern coasts of North America.
Expansion of the water is probably negligable.
by oooops sorry
[IN REGARDS TO A DISAPPEARED POST]

Okay I admit it was really bad judgement to post the dramatically foreshortened picture looking up a bicyclist's skirt, and I should have read the Editorial policy and should have simply been using better judgement.

The policy reads in part, "Types of posts that are exceptions to the 4 person/4 hour consensus process and MAY be hidden immediately are as follows: ...Explicitly pornographic material"

But did you have to delete the entire post? I don't have a copy. I can't modify it now to repost, and it isn't "hidden", as far as I can tell it's gone.

The post, in summary, was in refutation of the claim that "medical reports" show that "it's the bike riders who are becoming impotent".

I posted information describing the suspicious circumstances of that claim, which to my knowledge first emerged in 1997. People all over the country received the terrifying news that bicycling causes impotence. Gee, knowing what a weakness men have for that issue, this was a serious propaganda blow to the bicycle movement, just as Critical Mass was making national news. A lot of anti-bike stuff happened at once (Mayor Willie Brown's modus operandi, by the way).

Not only was the alleged doctor clearly biased, calling bikes "those infernal machines", etc., but his "research" concerned bicyclists who regularly pedaled in the 200 miles/day range. Believe me, if you bike that far on any given day, you will experience numbness, nervous system disfunction, and all kinds of soreness and tiredness. Everyday transportation cyclists are an entirely different case. Furthermore, anatomically friendly seats have become very common over the past five years, which should greatly alleviate any problems (and have greatly helped female cyclists as well).

In my disappeared, not even invisible, post, I also made up a light-hearted a-z of why bicyclists (in general) have better sex lives. Was this considered pornographic as well? If not, why not just delete the photo (which was relatively inexplicit as porno goes, but again, sorry).

It was bad taste and undermines the seriousness of this story to joke here.
by one of the editors
Thank you for dealing with it's having been hidden in such a mature and courteous fashion. Your behavior is exemplary. Some people around here have screaming baby tantrums when they even think their stuff has been hidden. A lot of time it turns out that it wasn’t even hidden at allm they were just too stupid to have hit <refresh> on their browser window.

I hid the whole comment rather than just the pic because it's a lot less work to do it that way and I was in a hurry. If you had had the foresight to save your text in a word processing file on your HD, this wouldn't have been a problem. You almost lost a great piece of poetry. Always save your text. You never know when some gizmo might fritz or something bad might happen and you lose it.

Also, when we're being DOSed and spammed by multiple assailants, as happens sometimes, it gets pretty chaotic sometimes. Sometimes there is collateral damage. Stuff gets hidden in bulk and/or by accident. A DOS/spam attack is like being in a furious, close in fire fight. It feels like you’re in a firebase on a hill somewhere, taking artillery fire from the surrounding hills, while being swarmed by the bugs from Starship Troopers, and just then an army of paratroop tar babies start raining on your heads.

There is not enough time for a lot of aimed fire. Sometimes, you just have to spray and pray. Perfectly good stuff gets hidden by mistake that way. So always save your text. You should be composing in a word processor, anyway, and hitting save at every paragraph. Never compose in a browser. It’s much too risky. Browsers crash and burn easy, especially IE. What a piece of crap.

But I digress. Where were we? Oh yeah . . .

Next time, don't post the porn here. There's a whole net full of places to post porn. It goes there. In here goes something else.

At any rate, here’s your text back:

* * * * * * * * * *

"Read the medical reports--it's the bike riders who are becoming impotent. "

There was a propaganda push along these lines, with spam going ALL OVER THE COUNTRY, claiming this, during the height of the Critical Mass confrontation in San Francisco, 1997. The story was very suspicious indeed. The reports were also very specific to males who rode in the neighborhood of a double century on a daily basis -- 200 miles per day -- especially when using hard saddles which don't give play for the playparts.

Technology has advanced a lot in the past five years, and more egonomically safe and comfortable saddles are prevalent now.

As for everyone else (those who don't ride 200 miles per day, and by the way you lose a lot of nerve function a lot of places when you ride that much), bicyclists come out faring much better than those "my achiles tendon presses harder than yours" tough guys on their motorized tushies.

In fact, bicycling is correlated to an improved sex life for many reasons:

a) Better cardio vascular health
b) More stamina
c) Tighter butt
d) Thicker tubes
e) Hi-tech lube
f) Cuties ride bikes
g) You hump the saddle
h) "bicycle smile"
i) You can get to areas cars can't go, muy romantico
j) More likely to eat healthy (a primary cause of male impotence is poor diet)
k) When you risk your life in the cartruckcrap all day, you fuck all night like there's no tomorrow
l) Helmet means good head
m) "Lickety-Split" messenger company
n) Bike parts make the best sex toys and outfits
o) skidding can tickle even the toughest woo woos
p) Promotes equality in relationships
q) Bunny hoppin'
r) Red light runnin' (through all the red light districts natch)
s) Spoke nipples
t) fatty knobs
u) Tight lycra riding tops are better than a bustier
v) Rolling exhibitionism at Critical Mass (nude ride, Critical Ass)
w) Riders got rhythm!
x) Spock used vulcanized rubbers, it's so logical
y) Bikers do it in the great outdoors
z) Anarchist Crush night after Critical Mass!

Oh yes and bike gear is so androgynous. Yowl!

Here's one of many links in the world of bicycle sexuality, from the BICYCLE LIBERATION FRONT:

http://blf.nonplatonic.com/bikesandsex.html

(apologies for traditional airbrush girl-focused porno)

happy trails...
by Lonewacko
Rude people are assholes!
by no numb nuts
Recumbent bikes are far superior in comfort and safety to the traditional diamand frame (wedgie) bike.
The rider is seated in a PLUSH seat in a reclined position with feet in front (not the head). No weight on sensitive body parts including wrists and hands and butt. The neck is not bent to see ahead.
Riders view ahead is perfect. Body is closer to the ground. Aero-dynamics is improved and many HPV speed records have been set on recumbent bikes with fairing. Comfort is maintained even after 100 miles or more. Trike recumbents are even safer as they can not tip over.
http://mikebentley.com/bike/bents/
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