Depending on what town, what part of town, and who you ride with, Critical Mass can go from being a beautiful safe space to a terrifying war zone, usually thanks to the actions of motorists and police. How can we protect ourselves? How can we prevent these abuses?
Knowing our rights and gathering our own evidence are very powerful tools. When we are organized and prepared, the dirty tricks that police use become liabilities to them and begin to lose their appeal. Showing that you know and are prepared to defend your rights is not only empowering and a deterrent to police abuses, but it helps break down the wall preventing communication between ourselves--the rollers--and they, the coppers. Once that wall is dismantled, and assuming they are not under orders to abuse our rights, they are much less likely to cite, let alone attack, for their fear and paranoia have found a way to stabilize on a personal level.
KNOW YOUR RIGHTS. Simply knowing the Vehicle Code (VC) and basic citizens' rights puts you in good position. In California, the VC is available for three bux from the DMV. Groups like CopWatch hold trainings and have publications to familiarize yourself with how to deal with police abuses. This type of information is online, such as the "Bike Rights Survival Package" found at www.xinet.com/bike. In California, you have a right to observe from a "safe distance". Don't let the police intimidate you away.
A USEFUL RIGHT TO BE AWARE OF:
You don't have to show ID unless detained with regards to
some crime that the officer knows has happened or thinks
is happening.
** OFFICER: "SHOW ME SOME ID!"
** YOU: "AM I BEING DETAINED?"
** OFFICER: "YES".
** YOU: "With regards to what crime?"
If the officer can't answer this, you are simply being harassed.
But all the righteous posturing in the world can't prove that you've been abused. Fortunately, the availability of cheap, good quality camcorders has given the citizen activist enormous protection and recourse. "A well-camera'd society is a polite society".
Video evidence has been used again and again to show in court, on the television news, and to Citizens Complaints departments what really goes on with the police. There's just no substitute. Good video shows people without a doubt and moves them emotionally. Good video can be carefully analysed for details and an order of events analysis that could never be shown with eyewitness testimony. Video can get the cops off your backs. In Austin, Texas, after police arrests at the first Critical Mass there made the news, the ride tripled. Eventually, the police's own video was used against them and so embarrassed them that they "disappeared forever" from the rides. The footage of the recent police riot in San Francisco has been aired on all the local television stations and has been submitted to the Office of Citizens' Complaints (OCC). The flip side of this is that any crime you record on camera can be used in court. Your tape can be subpoenaed and even used against your own friends. Keep this in mind.
"But," you protest, "don't they just want to nail the person with the camera?"
Never fear. You are well protected if in a group and you know your rights and use your camera well. The fact that you are recording means that everything that happens to you is recorded--at least in audio. And if the police turn off your camera, that will look very bad for them in court: as suppressing or destroying evidence. This leads us to the golden rule: NEVER TURN OFF YOUR CAMERA! The police may order you to turn it off--but if it's not in your hand, it's not much different from clothing or a necklace. There's no reason for it to be off if it doesn't interfere with their duties. Even if you are in cuffs, the audio is important.
STAY LEGAL. It is important that you stay legal when you record. Your bike sho uld be up to code, and you should not be violating even the smallest law. You need to be verbal when accosted by police, assert your rights, and be very clear if you are being roughed up or otherwise violated. "Hey, that hurts, why are you pushing me". It is critically important that you maintain a professional demeanor. To be best protected, you need to act as a Legal Observer. A legal observer does not get involved in conflicts, confrontations, fights, shouting matches, escalations, name calling, or any law breaking no matter how minor, if at all possible. Legal observers tend to get special consideration in court.
"CAN I RECORD THIS?" Yes. If it's in public, you can record it--although you need permission to record an interview. Police have no reasonable expectation of privacy in California. In some states things are more repressive and you may at least need to inform them you are recording. These rules go for audiotape as well. Phone calls are another story.
BUDDY SYSTEM. It's very helpful to have a buddy to help you. Your buddy watches your bike and your back, has spare batteries and tapes, calls out license plates and badge numbers, etc. Because the police tend to cuff camerapeople first if they are making arrests (e.g., the Bay Bridge 6), make sure your buddy is prepared to take the camera off your neck and keep recording. Do so smoothly and on the up-and-up, but as quickly and subtly as possible. Also note that your tape may go into custody for months if they confiscate it. If it's clear you won't be able to record any more, or if you've been surrounded by police and have a chance, switch tapes and give your most recent tape to someone you trust who has no camera to protect it (always demand a property receipt whenever a cop takes something from you).
FIVE SECOND RULE. Hold that camera steady. "Firehosing" is when you wave the camera every which way. This can sometimes be helpful for detailed analysis but not for watching by actual people.
PRACTICE. Crazy things happen to you during violent situations. Cameras get turned off, the picture goes crazy, you may start babbling useless information that destroys the audio or even destroys your credibility as a witness/legal observer. Practice in tense situations. Practice biking with the camera. Role play. One game that works well for us is playing a pin-the-tail game where people are trying to get a red felt tail off a velcro belt, then pin it on themselves and run. Your job is to keep up and get a clear picture of who "stole" the tail each time, even while running. WATCH YOUR FOOTAGE RIGHT AWAY. You learn the most from feedback, lessons that can save all in the future.
IF AN INCIDENT OCCURS: Go into high-gear record mode. Where are you exactly and what time is it? (Always catch public clocks on film and street and store sig ns). Who was there? Get the names of witnesses on film. Exchange names and numbers with whoever else was recording or photographing (we've been doing that at SFCM before the start of the ride, too). While the incident is occurring, do not speak unless absolutely necessary. Get the widest view possible. Try to hold the camera steady on the action. If it's a free-for all, brace the camera with two hands or against a pole on the main action and look from side to side for any other incidents of abuse. In the Market and Powell police riot, you see a wave of cops swinging batons rush past the cameraperson, but the cameraperson didn't notice.
TRY NOT TO ZOOM. Zooming is generally a bad idea because you can miss a lot while you're waiting to un-zoom. Zooming on badge numbers often doesn't work. Try to get a buddy to call out badge numbers.
DEBRIEF. After an incident, write down EVERYTHING you can remember in painstaking detail. Ask everyone else to do the same. Offer to interview them on tape. Remember, get their name and number so they aren't lost. Sad to say, in this society, people just wander away and drop all responsibility. Someone's life and freedom may depend on their testimony. Be forward, don't delay.
GET IT TO THE MEDIA. You can call the newsrooms of the local networks. If you capture police abuse or other violent incidents, they may actually buy a copy of your tape. You can demand that they not take it out of context but describe it as what it is. A bad public image can do wonders in reforming your local "police".
Video is fun, it's empowering, and it helps protect our rights to peaceful assembly. It's worth it.
Send feedback to:
Jason Meggs, Video Activist Network jmeggs@lmi.net