Victims accept motorist's offer to negotiate:

The BCLU, working with the victims of this crime, developed the following
draft proposal which the victims are willing to work toward.

Although Mr. Head, the motorist, is quoted in the media as offering to 
"see a constructive outcome of the dispute through negotiation" (SF
Chronicle, May 15), he has yet to contact the victims.  The BCLU is 
willing to act as an intermediary in arranging for a mediated 
resolution process between parties.


Summary  (draft, May 15):

1) He pays for the bicycles he damaged and admits to it.

2) We don't press charges.

3) He donates to local bicycle advocacy organizations in lieu of 
   paying us for pain, disruption to our lives, and suffering; 
   we don't sue.

4) We BOTH make apologies for how things went

      * He apologizes for running into the crowd, and for claiming
        that bicyclists put thir bikes under his wheels.

      * Critical Massers apologize that his windshield was damaged
        and his wiper was damaged, however they happened, and work
        to prevent any violence at Critical Mass in the future.

      * Critical Mass people apologize if their fear at what he did
        in any way escalated the situation (we wonder what else we
        may have done that could be considered wrong here).

5) Critical Mass riders make a public commitment to never retaliate
   with property damage or other violence, and to stay incredibly calm
   when drivers attack and injure us, and to intervene whenever we
   see "bad apples" instigating conflict on our peaceful family
   rides.  This in the tradition of nonviolent demonstration, and
   the tradition of Critical Masses around the globe.  We also admit 
   that we cannot control everyone, nor do we represent everyone,
   just as motorists are not all responsible for the harassment
   and worse that we experience at the hands of a "few" bad apples.

6) Critical Mass riders will endeavor to be sensitive to traffic concerns.
   We will try to keep the ride off streets that are too big for the group,
   to move in an orderly fashion and minimize delays without compromising
   our rights to the road, right to enjoy the much-needed safe space
   that Critical Mass affords, and rights to free speech, and will continue
   to and improve upon letting buses and people with emergencies through.
   Critical Mass riders involved will also work to keep the rides together
   and cohesive to eliminate the problems which develop when groups are 
   spread out.

7) Both sides agree that there are tremendous improvements to be made
   in our transportation system, and to that end we call upon everyone
   to participate in making those improvements.  Motorists in particular 
   need to begin to be proactive, and stop leaving all the hard work to
   unpaid bicycle, pedestrian and disability rights activists.

8) We all call upon the City Council to improve how the law deals with
   bicyclists, pedestrians and Critical Mass.  The City Council once
   considered making Critical Mass rides explicitly legal in the past,
   and should proceed with that now.  The City Council has directed
   the Berkeley Police to work with the BCLU and Critcial Mass riders
   in the past and the BPD sabotaged this for years.  They should be
   ordered to complete that process now.

9) We reserve the right to hold the police accountable for their false
   report and failure to respect and protect our rights, and will
   continue with our complaints at the Police Review Commission and
   beyond.  Sgt. Hester, you've lied once again in your efforts to
   hurt bicyclists in the City of Berkeley and you will be exposed.
   Lt. Hart, you have caused much hurt.  The false report you oversaw,
   and your blatant bias at the scene, aided and abetted violence 
   against non-driving citizens and our Constitutional rights. Officer
   20, your refusal to take witness statements and act on the rights of
   the victims was criminal.