Friends of the Earth Press Release

Immediate release: Monday 16 January 2006

MET COMMISSIONER TAKEN TO COURT OVER CYCLE CLAMP-DOWN

More information: Phil Michaels, 020 7566 1725/ 07712 038 890 (m)

Friends of the Earth has today filed papers in the High Court seeking a
judicial review of the Metropolitan Police Commissioner's decision that
the monthly London Critical Mass Cycle Rides are unlawful.

The claimant in this key legal challenge is represented by Friends of
the Earth's Rights & Justice Centre, which provides free or affordable
legal advice and representation to help people protect the environment
and uphold their rights. The claim, which is brought by long-term
Critical Mass cyclist and environmental educator Des Kay, challenges the
Metropolitan Police's decision that the monthly cycle rides are unlawful
unless formal advance notice is given under the Public Order Act 1985.

Mr Kay, represented by Friends of the Earth’s Rights & Justice Centre
[2] argues that the monthly cycle rides are not subject to the Act
because they are not processions intended to publicise a cause or
campaign [3]. He also argues that the rides are exempted from the
legislation because they are commonly and customarily held in the area [4].

The case will be heard by the High Court later this year.

Des Kay said:
"I have cycled in the monthly Critical Mass rides for eleven years. The
monthly rides provide a great opportunity for people to cycle safely in
the capital surrounded by like-minded people, and are a real opportunity
to celebrate cycling. Critical Mass is a great institution which needs
to be protected and not declared unlawful. I hope that this case can
resolve the situation and allow us to carry on celebrating cycling in
the capital."

Friends of the Earth's Head of its Rights & Justice Centre, Phil
Michaels, said:
”This is an important case about people's right to cycle in London. The
police decision is fundamentally flawed because it is based on a
misunderstanding of the Public Order Act. We do not think that the
monthly rides need to provide advance notification. Not only does the
law not require that from these rides, but there can be no common sense
reason for requiring such notification because the police are already
aware of the rides and, indeed, provide police facilitation every month.”

NOTES:
[1] On 28 September last year Inspector Gomm handed out a notice to
participants in the ride declaring that the ride was unlawful and that
participants were subject to arrest and prosecution.


[2] Friends of the Earth's Rights & Justice Centre provides free or
affordable legal advice and representation to members of the public and
to community groups who are working to protect their environment and
uphold their rights.


[3] Section 11 of the Public Order Act 1985 only requires advance
notification for a limited class of processions being those with a
specific intent.


[4] Section 11(2) explicitly exempts all processions which are 'commonly
or customarily held in the police area'. The monthly Critical Mass Cycle
Rides have taken place every month for 12 years starting at the same
location and time (last Friday of the month, 7pm, South Bank Centre)

More information: Phil Michaels, 020 7566 1725/ 07712 038 890 (m)

Friends of the Earth press office: 020 7566 1649

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Neil Verlander
Press Officer
Friends of the Earth
020 7566 1674
07712 843 209 (m)
www.foe.co.uk

Press office direct line: 020 7566 1649