Bicyclists who continued to challenge a New York City regulation requiring groups of more than 50 riders to obtain a permit “even though they had no real hope of success” will have to pay $16,000 in litigation costs, a federal judge has ruled. The ruling is the latest setback for Critical Mass, a leaderless group of riders who gather on the last Friday of every month in Manhattan and other locations around the globe.
In February, Southern District of New York Judge Lewis A. Kaplan tossed out a civil rights suit brought by the Five Borough Bicycle Club and several individual Critical Mass riders who challenged a 2007 amendment to New York City’s parade regulations, which makes it illegal for a “recognizable group” of 50 or more individuals to participate in a procession or race without first obtaining a written permit from the city. Prior to dismissing the action, Kaplan had declined to enjoin the city from enforcing the regulation.
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