St. Louis cyclists arrested by police on "bicycle license" pretext
Submitted by Brent Hugh on Fri, 05/16/2003 - 7:26pm
A group of bicycling puppeteers in Tower Grove Park Friday were stopped, arrested, handcuffed, taken to a nearby police station, processed, and held for six hours, according to a story in today's St. Louis Post-Dispatch.
The reason given by police for the initial arrest was that bicyclists over the age of twelve years need a license to operate in St. Louis.
After being held by police for about six hours the "bicycling without a license" pretext was dropped. The cyclists were charged with impeding traffic and released.
The "bicycle circus" is one group of many in St. Louis this week to protest at the World Agriculture Forum.
A few more details about the incident are given in a Jefferson City News Tribune article. A police spokesman quoted in the article confirms the gist of the story given in the St. Louis Post-Dispatch article.
Monday the St. Louis Post-Dispatch editorialized:
Although these arrests were directed at protesters--and are undoubtedly part of the police's plan to break up such protests, using whatever legal pretexts are necessary--the use of bicycle-related laws to harass these cyclists must be seen by Missouri bicyclists as extremely disturbing.
St. Louis had a bicycle license requirement until about two years ago when it was repealed; no St. Louis-area bicyclist today has a bicycle license and police could use the excuse of "riding without a bicycle license" to arrest anyone on the street on a bicycle.
Although St. Louis has rescinded its bicycle license requirement, some other Missouri cities--Columbia, for instance--still have bicycle license provisions on the books. Such provisions are practically unknown to police and cyclists alike, but incidents like the one Friday show the potential of such discriminatory laws to increase police harassment of bicyclists.
The charge of "impeding traffic" is even more problematic for Missouri bicyclists. This excuse can be used by police to stop any bicyclist--and particularly, any group of bicyclists--at any time. Furthermore, St. Louis's "impeding traffic" law is clearly written so as not to apply to bicyclists:
Furthermore, Missouri cities are required to pass laws which are not in conflict with state laws. The Missouri state law on impeding traffic is this:
Certainly riding a bicycle at its normal operational speed is required for its "safe operation" even if a bicycle can somehow be considered to be a "motor vehicle".
Missouri does not have a sterling record in regard to providing equal protection under the law for bicyclists and pedestrians. Too often, motorists who recklessly or carelessly cause serious injury to pedestrians and cyclists--or even kill them--are let off with little more than a slap on the wrist. Bicyclists calling police to report road rage incidents against them have been too often ignored or ridiculed. In at least one incident, the bicyclist had charges brought against him, rather than the assaulting motorist.
This latest discriminatory application of traffic laws against a group of bicyclists can only do more to undermine Missouri bicyclists' faith in due process and equal protection under the law.
The Missouri Bicycle Federation and other bicycle and pedestrian groups around Missouri are working hard to create more equitable laws, to educate police, prosecutors, and the public, and to bring disturbing incidents such as this one to the public's attention so that remedies may be found.
Friday's incident shows clearly that much more such work is needed in Missouri.
Further coverage of the incident:
The reason given by police for the initial arrest was that bicyclists over the age of twelve years need a license to operate in St. Louis.
After being held by police for about six hours the "bicycling without a license" pretext was dropped. The cyclists were charged with impeding traffic and released.
The "bicycle circus" is one group of many in St. Louis this week to protest at the World Agriculture Forum.
A few more details about the incident are given in a Jefferson City News Tribune article. A police spokesman quoted in the article confirms the gist of the story given in the St. Louis Post-Dispatch article.
Monday the St. Louis Post-Dispatch editorialized:
It's easy to understand why the city was so concerned. . . . But next time, let's not arrest the bicycle circus. Let's not put anybody in jail - even for a few hours - for riding a bike without a license. After Sunday's peaceful protest, that kind of stuff doesn't just seem wrong. It seems silly.
Although these arrests were directed at protesters--and are undoubtedly part of the police's plan to break up such protests, using whatever legal pretexts are necessary--the use of bicycle-related laws to harass these cyclists must be seen by Missouri bicyclists as extremely disturbing.
St. Louis had a bicycle license requirement until about two years ago when it was repealed; no St. Louis-area bicyclist today has a bicycle license and police could use the excuse of "riding without a bicycle license" to arrest anyone on the street on a bicycle.
Although St. Louis has rescinded its bicycle license requirement, some other Missouri cities--Columbia, for instance--still have bicycle license provisions on the books. Such provisions are practically unknown to police and cyclists alike, but incidents like the one Friday show the potential of such discriminatory laws to increase police harassment of bicyclists.
The charge of "impeding traffic" is even more problematic for Missouri bicyclists. This excuse can be used by police to stop any bicyclist--and particularly, any group of bicyclists--at any time. Furthermore, St. Louis's "impeding traffic" law is clearly written so as not to apply to bicyclists:
No person shall operate a motor vehicle in such a way as to impede the normal and reasonable movement of traffic.
Furthermore, Missouri cities are required to pass laws which are not in conflict with state laws. The Missouri state law on impeding traffic is this:
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. (RSMo 304.011.1.)
Certainly riding a bicycle at its normal operational speed is required for its "safe operation" even if a bicycle can somehow be considered to be a "motor vehicle".
Missouri does not have a sterling record in regard to providing equal protection under the law for bicyclists and pedestrians. Too often, motorists who recklessly or carelessly cause serious injury to pedestrians and cyclists--or even kill them--are let off with little more than a slap on the wrist. Bicyclists calling police to report road rage incidents against them have been too often ignored or ridiculed. In at least one incident, the bicyclist had charges brought against him, rather than the assaulting motorist.
This latest discriminatory application of traffic laws against a group of bicyclists can only do more to undermine Missouri bicyclists' faith in due process and equal protection under the law.
The Missouri Bicycle Federation and other bicycle and pedestrian groups around Missouri are working hard to create more equitable laws, to educate police, prosecutors, and the public, and to bring disturbing incidents such as this one to the public's attention so that remedies may be found.
Friday's incident shows clearly that much more such work is needed in Missouri.
Further coverage of the incident:
- Post-Dispatch Letters to the Editor about the incident
- A well-written and detailed Associated Press article that includes this statement by St. Louis Police Chief Joe Mokwa: "I wish we wouldn't have detained the people on bicycles."
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