In a devastating decision with wide-ranging repercussions for unicyclist rights, a judge has ruled thrown out a $3 million lawsuit filed by professional circus performer Kyle Petersen, who was issued tickets while riding his unicycle on the sidewalk on two separate occasions in Brooklyn. There is no law against unicycling on NYC sidewalks, but Judge Brian Cogan ruled yesterday that officers who issued Petersen's summonses shouldn't be held accountable for their ignorance. He also didn't have any problem with the officers making shit up on the police report, which is what really troubles Peterson.
Petersen, who lives in Crown Heights and was labeled an "Enemy Within" by Stephen Colbert, maintains that in both incidents the sidewalk was empty. "The first time I was stopped I could understand the cops making the mistake, because even I didn't know what the law was," Petersen tells us. "But when I found out it was legal to ride a unicycle on the sidewalk, that changed things.... The second time the cops really made shit up. I told them it wasn't illegal, so the officer said thank you, rolled up his window, and cited me for obstructing pedestrian traffic on an empty sidewalk. They knew it was false; they saw me riding it on an empty sidewalk."
Petersen says he's disappointed in the decision, but hopes the publicity surrounding the lawsuit will help publicize what he sees as the NYPD's misplaced priorities. "They're looking for low-hanging fruit," says Petersen. "This is an example of a misuse of police resources; both times I was stopped in high crime areas in Bed-Stuy and Crown Heights. One time i was stopped at 3 in the morning. Aren't there more important things for them to focus on? The fact that I was riding a unicycle called attention to it, but this is something the police do on a daily basis." Petersen also told us:
A number of my friends have lived in Crown Heights for years. I'm white, but my friends who aren't white are frequently subject to stop and frisks. If they were riding unicycles maybe the media would pay closer attention! It's crazy the cops will stop them and tell them they're standing outside a building with drug business, and they'll tell the cops, 'I live in this building!'
When I've called the police after seeing a robbery or a beating, they've asked me if anyone got hurt, and if the answer is no, they don't send anyone. But then you've got a guy on a unicycle and they're all over it. I don't think they have a unicycle quota but they have a quota for citations. The 77th precinct has had problems with quotas, and that's where I got my second summons for obstructing pedestrian traffic, which was a lie. But the judge thinks "qualified immunity" entitles officers to falsify police reports. It sets precedent that police can lie on a police report and make up anything that says you're breaking the law, that goes against the principles on which our country was founded!
Petersen is deciding whether to appeal the decision, but in the meantime he says he'll continue to unicycle on sidewalks, insisting, "I never put anyone in danger. When I was on my unicycle on Classon, people would yell at me to use the bike lane. Well, there is no bike lane on Classon. An expert unicyclist is no more dangerous to pedestrians than a fellow pedestrian. I could see if it was someone on a unicycle who was a beginner but I've been riding most of my life. And I'll continue to ride on the sidewalk as long as it's safe."
