May 02 2008
WeHo Sheriff’s Aggress Toward Cyclists
The West Hollywood Sheriff’s Department has thrice now harassed and intimidated cyclists. In the most outrageous of the three incidents, a deputy first instructed one hundred cyclists to clear the left most lane on threat of taking their bicycles. They then responded with twelve cars and twenty officers, shoved one witness, and shined floodlights in cyclists eyes for 15 minutes while they arrested a cyclist. Officers repeatedly threatened cyclists with arrest even though most cyclists were gathered one hundred yards distant, and all were peaceful. The arrested cyclist, Franz, was held for two days on $10,000 bail for what would normally be a $250 fine.
Lt. Dalmese called me to followup on the complaint I filed with the WeHo Sheriff’s regarding their aggressive show of force. While he was a reasonable person to speak with, he clearly did not understand the California Vehicle Code as it pertains to cyclists, and he failed to reveal that he was involved with the arrest until the conversation was half over.
Fundamentally these are the issues:
1) Deputies can’t instruct someone to “pull over or you’ll lose your bike”, because, well because deputies can’t do that. It violates the 4th amendment protection against unreasonable search and seizure. Cyclist’s should always remember this, and that’s why it’s the 11th right in the Cyclist’s Bill of Rights: Cyclists have the right to be secure in their persons and property, and be free from unreasonable search and seizure, as guaranteed by the 4th Amendment. When your first instruction to 100 cyclists is to pull over or lose their bikes, you’ve just threatened to violate the 4th Amendment ONE HUNDRED TIMES.
2) Following up on that point, it’s overly aggressive to give this as your first instruction. The first instruction should be “please confine yourselves to the right lane”
3) EXCEPT, that’s wrong. Cyclist’s have the obligation, according to CVC 21202, to ride as far to the right as is practicable. However, nothing in the vehicle code indicates that cyclists are confined to one lane of traffic. If a cyclist reasonably feels that they cannot ride in the right lane, then they can ride in the 2nd lane. If they can feel that they can’t ride in the two right most lanes, then they can ride in the third lane. Deputies might think this is impolite, but it’s not breaking the law, and certainly not a criteria for impounding bikes.
4) When I spoke with Lt Delmese he repeatedly asserted out that cyclist’s were “riding around in circles in the middle of the street” at San Vicente & Santa Monica, where the group staged after being ordered off the road. He offered this as a reason for the deputies hostility.
Firstly, deputies may not like what some individuals were doing, but you can’t hold a mass of cyclists accountable for the actions of individuals. Our justice system absolutely refuses to assign group guilt. We, as cyclists, need to insist that law enforcement does not assign group guilt because of individual behavior.
Secondly, is this really a reason to be hostile toward cyclists who would like to observe the arrest or inquire about it? That’s the antithesis of community policing. Hostility toward the cyclists who are acting peacefully, off their bikes, and clearly not violating the law is unwarranted. Blaming them for law breaking by other cyclists (if indeed such was occuring) is not logical, and it’s lazy. The Sheriff’s Dept. had twenty officers, mostly standing around, and they’re complaining about law breaking? Go up the street and DO YOUR JOB and cite these cyclists if it is so offensive to you. At least stop whining.
5) In order to arrest Franz the Sheriff’s brought twelve cars and twenty deputies to the scene. Twenty deputies to arrest one person? The bikers were hundreds of yards away. What possible need is there for twenty officers? Not only is that an excessive display of force, it’s massive waste of money. This is at 2am when drunks are pouring out of clubs into Escalades.
6) When cyclists tried to observe the arrest deputies would not allow them to come closer than about 70 feet. That’s well out of ear shot. Moreover, they shone multiple flood lights in witnesses eyes, preventing them from seeing what was going on, as you can see in this video:
Feed readers: click here
These lights weren’t shining up the street or on witnesses - deputies repeatedly aimed them at our eyes. Deputies deliberately prevented anyone from witnessing the arrest. When riders did try to approach deputies threatened them with arrest. Again, this is excessive. You have twenty deputies, you can spare one for public relations.
7) When one cyclist did approach they briefly spoke with her, and then shoved her. This cyclist is a woman of average height and weight, and most of the deputies were large men who spend a fair amount of time in the gym. What possible reason can there be to shove people around? Especially when they’re waaaay smaller.
8) When they finally let me approach to speak with the supervisor, he berated me, explaining his warped conception of the law. When it was my turn to respond, he abruptly cut me off before I could finish one sentence, and then threatened me with arrest if I didn’t leave. Again, this is not only excessive force, but it’s the absolute opposite of community policing.
9) The WeHo Sheriff’s department acted too aggresively with Franz. By all reports they asked Franz to get off his bike and then nearly instantly pulled him down. Franz was riding a tall bike so he can’t just hop off. He’s on a bike - you can actually chase him down on foot. If you’re deputy have some self confidence and wait a moment to see if he complies.
10) The deputies put Franz in a holding cell with several other prisoners. There one inmate puked on the floor, and the Sheriff’s did not clean it up for 40 minutes. However embittered the Sheriff’s may be, they still have an obligation to treat prisoners humanely.
11) Deputies initially failed to secure Franz’s wristband correctly. When it fell off deputies screamed at him, claiming he pulled it off, and threatened to send him downtown, saying that “you won’t like being around four thousand gang members”. Franz asked that another deputy secure it this time, so that it wouldn’t fall off, but instead the same deputy reattached the wristband. Lt. Delmese told me “these wrist bands are extremely hard to pull of, but I’ll give Franz credit, he’s strong.” When the wristband fell off again the deputies again screamed at Franz. This time a different deputy secured the band, and guess what? It didn’t fall off again. We all know Franz isn’t exactly He-Man, that first deputy failed to put it on correctly in the first place.
12) On that basis, and because Franz had an overdue ticket, bail was set $10K. This is for supposedly having an open container, normally calling for a $250 fine. They would not inform Franz of what he was charged with.
I’m sorry this post isn’t eloquent. I don’t know how to summarize these details any other way. What you have here is a department that assumes guilt, acts aggressively, indulges in emotive behavior, and is absolutely insecure. This department uses the process as punishment, and trumps up charges. They treat prisoners like garbage. That the progressive West Hollywood would contract with them for law enforcement is unbelievable. I want to stay as far away from any place policed by the Sheriff’s as possible.
How many WeHo Sheriff’s does it take to screw in a light bulb? Twenty: one to screw it in (it will fall out later), four to yell at witnesses, two to shine lights in peoples eyes, one to shove people, and a dozen more to stand around.
(photos by digablsoul and video by blockheadmark)
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I WAS THERE, AND THAT WAS TOTALLY WRONG THE WAY THE SHERIFF, MESSED WITH THE WHITE MAN, THE MEXICAN, AND THE BROTHER, NO RESPECT, I TELL YA, NO RESPECT.
Despite how inefficient the deputies were being, we have to look at who gives them their orders.
I’m not taking any sides on this, but in the case of LASD being used as a contract, police-force for W.Hollywood, the city council is ultimately responsible for how policies are written, and then enforced by their chosen lwa enforcement.
Judging by the earlier incidents involving the stereo-trailer and Limeyfly, I’m beginning to assume that the city-council must have a problem with the midnightridazz activities in general.
There were plenty of drunken individuals walking all over the street that night, and the deputies seemed to act as if they weren’t there.
Why the deputies acted this way towards our group and more specifically, Franz, would probably go to show that they had a directive to act upon.
At the same time though, the deputies have never encountered a situation like this before, and decided to treat it as a literal, “quelling of the mob”, ie., adhering to general, crowd engagement-tactics that were probably taught to them at the LA Sheriff’s Academy.
Before future jaunts through this particular municipality, some of us should consider getting some feedback from the city-council in regards to any existing policies towards groups of our style/caliber.
Challenge them on these issues and then suggest that they form a set of engagement rules to be adhered to, by their respective police-force.
I myself, am still considering getting into law-enforcement, but when I do, it’s most likely going to be at a state, or federal level.
That way, I won’t have to deal with handling anything as asinine as this.
You must fight back economically and politically.
Show them you will take your money and spend it somewhere else.
You will also spread the word that West Hollywood sucks for bicyclists.
http://www.youtube.com/watch?v=oEZzL06kL88
This is just another example of how ass backwards the structures of power are in this society. I don’t know what to say other than I’d like to talk more about this in person.
Welcome to reality. I myself am ashamed to say that I ve been in and out of corrective institutions for acting like a hard ass on many occasion when I was young.Not for any thieving but simply for not letting me a man in uniform tell me what I should or should not do. Good fortune that it did not made me the person I am.So it would be pointless to try to explain how Ive changed to be a unselfish, law biding , better person.I just want to give my opinion because there is this urge to do it.
Most of what is written on here is valid but close to petty
1) Cops yell at you and threaten to take you bikes
2) Someone was arrested , although a bit rough by your standards. Take into account they already had a unpaid ticket and dismissed responsibility to take care of it. Would you have made a big deal if they would have arrested them in a scenario where bicycling was not involved?
3)Sheriffs did not clean up vomit for over 40 min. (Comical)
My point is that you have good intentions. Its just that I cant help to notice how out of touch with reality you are (based on reading this post)
Daily , hourly , many worse things are happening which are considered collateral damage in the process of enforcing the law.Wish you could have a bird’s eyeview or the experience of visiting a county jail or a juvenile hall and seeing how the human spirit is broken down creating generations and generations of people which you would probably avoid on a daily basis and probably would not lift a finger on their defense.
I cant tell you that a group of 200 young minority could from Compton would not run around the city drinking and fucking around like we do with out the cops coming down hard.Most people would be afraid including most of the people that ride on these rides.
Yet getting a light shined on their face and getting arrested for a outstanding ticket is the least of their worries.Maybe some are already thinking, “That’s not our problem, Let them fight their own fight”
Again, although I commend you on the intention.I think your complaints are petty and would love to see you pick a bigger battle.
My opinion, remember, we are all free to use it and that makes us have a great thing in common.
Correction - should read
Not for any thieving but simply for not letting a man in uniform tell me what I should or should not do.
@
DummHumm,We’re crybabies because we are pissed off by the way we are handled by the Sheriff’s Department? That’s what it sounds like you’re saying. That’s bullshit buddy. You’re entitled to your opinion, absolutely. But I’m also entitled to call you on your BULLSHIT. Rights were violated, period. Don’t justify their actions with ridiculous examples that have nothing to do with what is going on here. Yeah, this isn’t Abu Ghraib. Waahh! But on the same note, this ISN’T Abu Ghraib!
Why are you yelling ?Why are you calling names?Chill homie..This is not a argument.
Anyways, no I dont think you are cry babies and for sure did not see any justification written but only said there is collateral.
I clearly said it would be nice if it the fusion in this case would have been lit by a stronger fuse.
Peace homie
Whoa! This is a hot one.
@EDDIEBOYINLA - WEHO IS RACIST AGAINST HUMANZ!
@humm
Here’s how I see it. Yes, Ridazz benefits from white privilege. For damn sure we would get messed with a lot more if Ridazz wasn’t mostly white people. What Franz and the rest of us experienced pales in comparison to what black and brown experience in South LA.
On the other hand, what people experience in South LA is nothing by comparison to the experience of a Sudanese refugee. Does that mean Compton residents should keep quiet when police abuse their power? HELL NO. They should fight. We should too.
“Humm”, it’s not that I’m out of touch, it’s that for me, Ridazz is my community. When the man fucks with it, I’m going to defend it. Yes, there are more pressing issues in the world, but I have little capacity to make a difference in South Central or Sudan. I don’t live there, I haven’t built up any reputation, and I don’t have a personal experience with that.
I do have personal experience with WeHo deputies. I know they aren’t too good. Maybe bikers making a ruckus over this will open the door for other people to complain about the Sheriff’s. The Sheriff’s don’t have a good reputation . . . can we create an opportunity here for other groups to air their issues with them?
@humm,
yeah, there was a tone of voice, you read it right. But still - you are belittling the situation, you belittled it because you see it as petty. But I don’t see it as petty. Yeah, it doesn’t compare to civil atrocities that occur in most parts of the world. But it’s still wrong, and we have the capacity [i.e. privilege] to confront it. It’s not headline news, you’re not going to see it show up on channel 11. No one here is going to sue for a single dollar. So, really, it’s not that big of a deal. But if you think it’s small beans for a person to sit in jail for a couple days, humiliated, then released for $10,000 in bail for a PETTY $250 CRIME - I don’t know what to say. Drinking a beer while riding a bike is petty, going to jail for it - a waste of your tax dollars. Shining lights into the eyes of witnesses is not petty, it’s illegal - it’s obstruction of justice. Shoving witnesses is assault, which is also illegal. Seizing our private property for no reason, is unconstitutional, period. No one should stand for that, so why should we? That’s what this article is about. To comment on here, with your entitled opinion, without being called out on your bs? Dream on Holmes.
Bentstrider, you could enforce laws or ideas a whole lot better as a teacher. Guns batons bright lights & big ass cars are for the weak. Plus, the cop life makes you chubby.
Everyone’s gotta fight the bullshit locally. This may seem like a small incident, but it’s representative of the larger culture, one which denotes cyclists as low lives w/ no buying power. That same culture that goes to their 9-5 job everyday and could care less about wars abroad and problems at home, as long as the mortgage is low and gas is cheap.
I tend to agree with Humm this is relatively petty to complain about. And the title of this story is misleading - it should read “WeHo Sheriffs Crack Down on Group Party Rides.” And I thought Fanz had a warrant? Why is that being downplayed? That’s a big deal you know. Warrants are no joke. Been there done that. Jail is not fun and it’s not meant to be comfortable or the least bit desire-able. LOL. I love Franz but he has to handle biz with the law just like everyone else. And all this talk about harassment… sure it’s all relative, but it does come off as petty when our own citizens are being oppressed in south LA and refugees are being bombed by US manufactured weapons in Sudan, Iraq and Palestine DAILY. I know I know, it’ all relative… But it sure does have an air of whinyness to it considering the ills of the world… we are priviledged enough to be able to flout the law by running lights and drinking all without getting shot or beaten which is a reality for many peoples out there in the world for simply living let alone for partying.
dont get me wrong I think we should stand up for our right as cyclists. but it becomes a different dynamic when we group up and many times break laws. it’s a give and take. right now we have a calendar filled with party rides and maybe 10% of them get broken up by the cops. the reality is many times people are drinking and acting a fool on these rides… some of which is clearly not legal and for good reason. if we are to be treated as traffic then we would be bound to behave as traffic. that means no drinking and riding…. do we really want to start making a bunch of noise because the cops got crazy here and there? the more noise we make about it the more scrutiny we will get. I’m just sayin’ keep it under the radar and understand the give and take. one look at the Ridazz gallery and you see open containers all over the place. we dont need the extra scrutiny brought on by whining about a few instances of “harassment” we want to continue to have fun and party together dont we?
injustice anywhere is a threat to justice everywhere.
dr. mlk jr.
brother.