[TheThinkTank] peaceful bikers arrested during Critical Mass need help!

[brian goldner]

Dear My Fellow Bikers,

My name is Brian Goldner. I was arrested while participating in a peaceful
protest on November 24th, 2006. I am a junior at Emory University majoring
in mathematics, economics and sociology and I am hoping to attend medical
school upon graduating. I have a 3.8 GPA and no prior criminal history.
The protest was a bicycle ride in the city of Atlanta. It was part of a
larger global movement called Critical Mass:
1. Critical Mass Atlanta: http://criticalmassatlanta.org/
2. Wikipedia article on the Critical Mass movement:
http://en.wikipedia.org/wiki/Critical_Mass
Critical Mass in Atlanta has been occurring every month for several years,
and for the past year or so the monthly attendance has been between 200-300
people. To my knowledge, this is the first time arrests have been made
during Critical Mass. Although there have been recent illegal arrests of
protesters in New York for participating in Critical Mass. Judges in New
York ruled that the actions of the police were unjust.

I was arrested, as was Patrick Stephens, for participating in the Critical
Mass Atlanta ride. As far as I know, we were the only 2 arrested out of
several hundred riders. We were sent to jail, later posted bond, and will be
appearing at court this Monday, November 27th for arraignment. According to
the GA Driver's Manual (which can be obtained from here) we were not in
violation of any traffic laws. According to the manual: "Every person riding
a bicycle upon a roadway must obey the same traffic laws governing the
drivers of motor vehicles." Instead, we were charged with Disorderly Conduct
(a more detailed description is below). We believe our rights have been
violated and we are seeking counsel in this matter.

Our next court appearance is scheduled for Wednesday, February 14th at
5:00PM at the Atlanta Municipal Court that is located 150 Garnett St. in the
City of Atlanta. The first court appearance was reset so I could be assigned
a public defender. The second was reset because my lawyer was out sick that
day, and the most recent court appearance was reset so that my codefendant
could be assigned a public defender.

Description of events after arrest:
Patrick Stevens and Brian Goldner (me) are both being charged with crimes
related to our riding in CM. The crimes with we are charged are: Disorderly
Conduct 106-81(8) and Disorderly Conduct 106-81(9). These are both city (not
state) ordinances. The officer noted that the accused did: "obstruct
vehicular traffic and fail to clear when ordered. Also obstruct lawful
occupation by trying to flee."

Description of accused crimes from city website:
ARTICLE III. OFFENSES AGAINST PUBLIC ORDER
Sec. 106-81. Disorderly conduct.
 It shall be unlawful for any person within the corporate limits of the city
to engage in any conduct described in the following subsections; provided,
however, that no person shall be convicted of any of the following sections
upon a showing that the predominant intent of such conduct was to exercise a
constitutional right to:

(8)   Interfere, by acts of physical obstruction, another's pursuit of a
lawful occupation;
 (9)   Congregate with another or others in or on any public way so as to
halt the flow of vehicular or pedestrian traffic, and to fail to clear that
public way after being ordered to do so by a city police officer or other
lawful authority;


We were handcuffed on Peachtree Rd. and brought down to the Buckhead police
precinct where a report was filed. We were then transported downtown to
jail. We were not able to leave jail until our friends posted bail for us
around 3AM.
A Sergeant at the jail told us that we had the options of: 1. paying $906,
which would get us out of jail that night as well as remove the need of
attending court (it would be an admission of guilt), or paying $1300 in bail
bonds.
Officers at the jail falsely told us that this $1300 would be non-refundable
(this was false, in fact, we'd receive most of it back after appearing at
our arraignment) and instead opted for our friends to use the services of a
bonding company to get us out. Patrick and I posted bond at $184 each.
We are seeking legal counsel in this matter and in particular would
appreciate the services of someone who understands the charges against us
and has a familiar knowledge of the GA & ATL traffic laws as well as
knowledge of the disorderly conduct laws.
I can be reached via email at: brian.goldner at gmail.com or by cell: (718)
916-8929.
I can also get in touch with Patrick if needed.

My full contact info:
Mailing address: Brian Goldner
                         Emory University
                         PO BOX 121468
                         Atlanta, GA 30322
Telephone: (718) 916-8929

I am asking you for whatever assistance possible. I have hopes for the
future that would be dashed if I were put in jail now. I would also like to
see to it that other riders' civil rights would not be violated in the
future. After the criminal case against me is concluded I would like to file
a civil suit against the City of Atlanta, the Atlanta police, and the
officer who arrested me, for impeding my civil rights.

Thank you,
Brian Goldner


-- 
Wishing you all the best,
Brian Goldner
http://brian.goldner.googlepages.com/home
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