$2.75 Million Proposed for Cyclists Arrested in Protest
County supervisors will weigh a settlement. The 23 women in the group were strip-searched.
By Sue Fox, Times Staff Writer
The arrest of 71 bicyclists who staged a protest ride during the 2000 Democratic National Convention -- and the jailhouse strip-searches of the women -- was an embarrassing episode for a Los Angeles region striving to put on its best face as host of the political jamboree.
Three years later, Los Angeles County is preparing to pay for its role in the much-publicized incident. Today, the Board of Supervisors will consider a proposed $2.75-million settlement over its alleged mistreatment of the bicyclists in the county's Twin Towers jail. The cyclists also sued the city of Los Angeles, claiming wrongful arrest.
At the time, police said that the group whizzed through traffic, frightening pedestrians and nearly causing accidents. But many riders countered that they were calmly pedaling along -- accompanied by a police escort -- when the officers suddenly turned on them.
"Out of the blue, they cornered the riders and ordered them off their bikes," said Ron Milam, executive director of the Los Angeles County Bicycle Coalition, who was arrested. "There was no warning, no message to disperse. It was very scary. I mean, we just went on a bike ride. How did we end up in jail?"
Once behind bars, the class-action lawsuit alleged, the 23 women in the group were subjected to an illegal strip-search that included a visual body cavity examination. The men, who were taken to a separate unit, were not forced to undress.
Under California law, anyone arrested solely on a misdemeanor charge may not be strip-searched before arraignment unless the charge involves weapons, drugs or violence, or there is a reasonable suspicion that the person is concealing a weapon or contraband.
The county Claims Board, which reviews lawsuits filed against the county, concluded that the law "was not well understood and appropriately followed by jail personnel." The Sheriff's Department revised its jailhouse procedures in 2001 to prohibit pre-arraignment strip-searches except under the conditions permitted by state law.
"Unfortunately, it was a misunderstanding by just one jail, but it was the jail that holds the women," said sheriff's Cmdr. Chuck Jackson, who oversees the correctional services division.
In a written account filed in connection with the bicyclists' lawsuit, one woman described the fear and humiliation that she endured in jail, beginning with deputies marching the female cyclists, many of them wearing biking shorts and tank tops, past holding cells filled with jeering male prisoners.
The women were taken into a chilly, cinder-block hallway, turned to face the wall and told to undress. The visual examination by a "crew of belligerent uniformed officers" was "horrific and humiliating," the woman wrote.Both the male and female cyclists said that they were detained even after a judge ordered their release and that they were denied telephone calls and access to medication.
Most were released after two days, and the misdemeanor charges against them were soon dropped.
But even after the judge's release order, they were taken back to county jail for processing, where the females were strip-searched again.
All but two bicyclists joined the suit against the county, claiming emotional distress over their extended stay in jail and the strip-searches. When the Claims Board reviewed the case, it concluded that the county could be held liable for $5.75 million in damages if the case went to trial.
Two years ago, the county agreed to a record $27-million settlement to resolve several class-action lawsuits alleging that inmates were routinely held beyond their release dates and illegally strip-searched.
The county also recently settled two cases involving individual women who were illegally strip-searched, paying them each $150,000.
Under the terms of the bicyclists' proposed deal, each woman who was jailed will receive $70,000, and each man will get $5,000.
Does anyone know what happened to the class action lawsuit filed against the LAPD for other police brutality incidents that occurred at the 2000 DNC? The last information I have is that a lawsuit was filed, the LAPD tried to settle sometime last year, but as of November the case was proceeding with the National Lawyer's Guild.
Hi, my name is Reuben Rivas I was arrested the same Tues these Critical Mass Cyclists were arrested durring the 2000 DNC in Los Angeles. I was acting as a 'legal observer' for the NLG, when I got arrested. I called my Attorney for an update. He said there are still three pending cases revolving around this time. 1. Burton Vs. City of LA (which is my case, city might be interested in settling) 2. NLG vs. City of LA (city does not want to settle, wants to have a trail w/ jurrors) 3. Davies Vs. City of LA (regarding the Oct. 22 Anti Police Bruatility march, still pending) Hope that helps. Peace, Reuben.
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Sorta Cutting Edge News - No. 15
But this is just where the story gets interesting. Fifty-seven of the jailed cyclists are suing the city, county and local law enforcement officials on the grounds that they were unlawfully arrested and searched. Before you scoff (one could say, after all, that getting arrested is the risk you run when you protest), keep in mind that the ride was a sanctioned event and that 23 of the female plaintiffs are alleging that they were subjected to strip searches and body cavity searches in the county jail corridor. The lawsuit also alleges the riders were denied telephone calls and medication and were imprisoned for 12 hours after charges were dismissed.
On March 28, 2003, the L.A. County Board of Supervisors postponed a vote that will eventually decide whether or not they’ll give $2.75 million to the bicyclists. The board initially voted 4–1 to approve the deal, which would have provided $70,000 apiece to 23 women who were illegally strip-searched, but County Supervisor Gloria Molina subsequently asked for the matter to be reconsidered, saying she wants a lengthier discussion of the case and the Sheriff’s Department’s mounting legal costs.
“I want to be supportive of the sheriff, but I cannot continue to pay for errors that are constantly repeated,” said Molina, who asked the Sheriff’s Department to report back on its policies.
For its part, the Sheriff’s Department says it stopped the practice of routinely conducting strip searches and body cavity searches of women detained following arrest. Good idea. L.A. County recently settled separate case for $150,000, in which a woman (who happened to be six months pregnant) was subjected to strip and body cavity searches.