Sunday, August 29, 2004
Joshua Kinberg arrested
Indy Media NYC reports:
Down in the comments section at IMNYC someone who apparently witnessed the arrest said that when the officers conferred they were told to test the chalk and if it didn't remove easily to arrest Kindberg.
braintag has an update posted. Apparently Kinberg was released this morning. But his amazing bicycle, laptop and cell phone have all been confiscated and will reportedly be held until the court hearing. A lawyer from the National Lawyer Guild believes that the case is a clear violation of the first amendment, citing Houston v. Hill which explicitly found that chalk is a protected medium for constitutionally protected self-expression.
I'm thinking that the NYC city hall has kicked over an ant hill on this one. But, I doubt they'll give it much attention until after the GOP convention is over.
Props to William Bragg where I first read about this story.
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Bikesagainstbush creator Joshua Kinberg was arrested while taping an interview with MSNBC's Ron Reagan in Manhattan Saturday afternoon.
Kinberg was stopped by police while demonstrating the bicycle for the television interview. His bicycle is a high-tech graffiti writer, using chalk to print anti-Bush political messages sent by people via the internet. Apparently there was a question of whether or not the sprayed messages were a defacement of property.
When Kinberg showed the police sergeant how the bicycle used a non-permanent spray chalk, the sergeant seemed to agree that it wasn't defacement, at which point Kinberg asked, "am I free to go?" After conferring about it, officers decided to call superiors, then came back moments later to place Kinberg under arrest and confiscate the bicycle.
Kinberg cooperated fully with the officers as he was being handcuffed, only asking, "can I ask what I'm being arrested for?" to which no one provided an answer. As of 11:00 PM Saturday evening, he was still in custody without being charged with anything.
Video of the incident is available as a torrent at DV Guide.
Down in the comments section at IMNYC someone who apparently witnessed the arrest said that when the officers conferred they were told to test the chalk and if it didn't remove easily to arrest Kindberg.
braintag has an update posted. Apparently Kinberg was released this morning. But his amazing bicycle, laptop and cell phone have all been confiscated and will reportedly be held until the court hearing. A lawyer from the National Lawyer Guild believes that the case is a clear violation of the first amendment, citing Houston v. Hill which explicitly found that chalk is a protected medium for constitutionally protected self-expression.
I'm thinking that the NYC city hall has kicked over an ant hill on this one. But, I doubt they'll give it much attention until after the GOP convention is over.
Props to William Bragg where I first read about this story.
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