In the only case to come to trial from that mass arrest, bicyclist Howard Besser charged that police had illegally declared an unlawful assembly and had arbitrarily arrested 100 bicyclists, and that under orders of Mayor Willie Brown they had tried to permanently confiscate all the arrestees' bicycles.

Despite a strong attempt by the City Attorney's Office to win the case (including 50 pages of written evidence, videotapes, and officer testimony), in December 1998 San Francisco Judge Sue Kaplan awarded Besser $500 plus court costs.

"It's about time the courts rebuked Willie Brown for his gestapo-like tactics," declared Besser, a faculty member at both UCLA and UC Berkeley. "The police can't arbitrarily round up people and arrest them just because they oppose some of the Mayor's policies.  They can't handcuff and lock people up in order to stifle dissent, knowing full well that the Courts or the D.A. will drop the charges later. And as the D.A. told the Mayor right after this happened, you can't permanently confiscate peoples' bikes just because the Mayor doesn't like Critical Mass."

Besser pointed out that the monthly Critical Mass rides had caused little controversy for many years until the summer of 1997. "Suddenly the Mayor decided that Critical Mass caused traffic jams, and in his typical bombastic and imperious way he tried to outlaw the ride and even developed plans to arrest all 5,000 people involved. He ignored the fact that cars are the real cause of traffic jams, and that his own escorted vehicle and escorts for his visiting dignitaries cause many more traffic jams than Critical Mass ever has. And that a single stalled car on the Bay Bridge will block traffic for hours, whereas the Critical Mass inconvenience to motorists can be measured in minutes."

"The Mayor made a big deal about the July 1997 ride, then he went on to dabble in other things. Though the Mayor professed that Critical Mass had suddenly become intolerable, the monthly rides have been pretty much the same for a decade. The controversy was that Brown suddenly decided to make them controversial. It's interesting that the monthly rides have barely made the papers since summer of 1997, yet the rides themselves are almost exactly the same. The only thing that's changed is where Brown focuses his attention."

"The DA handling the recent pie-throwing case stated the City's support for peaceful forms of protest.  If the City Attorney believed that as well, she'd apologize to the 100 people illegally arrested in that Critical Mass ride and order the police department to quit using mass sweeps of innocent protesters to stifle dissent that the Mayor doesn't like."

In January, when the City appealed the case, Besser stated: "It's amazing how time consuming the legal proceedings in this case have been. I've spent 300 hours and hundreds of dollars fighting this. None of the other arrestees were able to spend the time it took to fight this. Now that the City has decided to appeal the ruling, it will mean even more time and energy. And this whole process has been a waste of San Francisco taxpayers' money, all in an attempt to keep an Imperious Mayor from looking bad. But the courts have slapped his hands for violation of basic rights of free speech and assembly, and his liberal facade is crumbling. People are finally beginning to see that the Emperor has no clothes. And, with apologies to the Biotic Baking Brigade, I think that the courts have shown that he has egg on his face."

The Trial is scheduled for Thursday March 25 at 9:00 AM in room 206 of the San Francisco Superior Court, at 400 McAllister (corner of Polk, directory across McAllister from City Hall, and just a few blocks from the Civic Center BART station).
 

For further information, contact Howard Besser at (510) 643-7365 or howard@sims.berkeley.edu, or see the website at http://www.sims.berkeley.edu/~howard/CriticalMass/ .