Josh Kinberg 's Bike Still Confiscated

10-01-2004, 07:41 AM

For those who do not recall, Josh received NYC Mayor Bloomberg's
proclamation for the NBG last summer. You can see a picture of Josh and
his cutting edge spray chalk bike at
[Only registered and activated users can see links. ] or
watch a video of his bike in action at
[Only registered and activated users can see links. ] . My heart truly
goes out to Josh:

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On Wednesday, September 29, 2004, I appeared in court for the second
time after being arrested on Saturday August 28, 2004 (two days prior to
the RNC), while taping an interview with Ron Reagan for MSNBC's
"Hardball with Chris Matthews" (see the video here:
[Only registered and activated users can see links. ]. I had been planning
a ground-breaking demonstration of free speech that would have used an
internet enabled bicycle with a custom built printing attachment to
write messages sent from web users directly onto the streets of New York
in water soluble chalk (see [Only registered and activated users can see links. ] for more
info).

Following my arrest, I was imprisoned for 24 hours, interrogated by
detectives and bomb squad (without ever being given Miranda rights), and
my bicycle, computer, cell phone, and invention were confiscated. I was
eventually charged with making graffiti, possession of instruments of
graffiti, and criminal mischief -- all misdemeanors, some carrying the
possibility of jail time.

My attorneys filed a motion to suppress the evidence and any statements
I may have made on the grounds that there was no probable cause for the
arrest and I had never been given Miranda rights. But at the hearing on
Wednesday, the prosecution had not yet prepared a response to the
motion. So the judge decided to postpone the hearing until November 17,
2004. The police will continue to hold my property until the matter is
resolved.

Meanwhile, the project was supposed to be included in an exhibition at
City Hall Park this weekend as part of "Spectropolis: Mobile Media, Art,
and the City," a three day event of exhibitions, workshops, and panels
in Lower Manhattan organized by the Lower Manhattan Cultural Council,
the Downtown Alliance, and NYCWireless. Instead, I plan to show video
documentation of the project and a newly built demo-version of the
bicycle. Please see [Only registered and activated users can see links. ] for more info about the
event, or contact Dana Spiegel ([Only registered and activated users can see links. ]).

Additionally, video documentation of the project will be screened in San
Francisco at the Bicycle Film Festival on October 7, 2004. Please see
[Only registered and activated users can see links. ] for more info, or contact Brendt
Barbur ([Only registered and activated users can see links. ]).

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Joshua Kinberg
[Only registered and activated users can see links. ]
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