A Brooklyn judge on Wednesday moved to temporarily prevent Mayor Eric Adams from removing the Bedford Avenue bike lane.
The city is “enjoined and restrained from implementing and commencing/performing any construction or other acts related to the Removal” at least until a hearing scheduled for August, ruled Judge Carolyn Walker-Dialo.
The ruling came in response to a lawsuit against Adams and the city’s Department of Transportation by advocacy group Transportation Alternatives and Brooklynite Baruch Herzfeld.
Filed on Tuesday, the suit claims that Adams’ June 13 decision to remove part of the parking protected bike lane on Bedford Avenue and replace it with an unprotected painted bike lane was “improper,” “irrational,” and made “without proper legal notice.”
Peter W. Beadle, the lawyer representing Herzfeld and his 12-year-old son, said he was “very pleased” that the court “appears to understand the seriousness of this matter.”
“When applying for a [temporary restraining order,] one of the elements that has to be satisfied is a showing that the case is likely to succeed on the merits,” Beadle said in a statement. “While this is by no means a guarantee of success later, and this decision is only temporary, it’s fantastic that the Court agrees that our case has merit.”
A DOT spokesperson referred Brooklyn Paper to City Hall, which did not immediately respond to a request for comment.
The city had planned to begin removing the parking-protected bike lane on Bedford Avenue between Flushing and Willoughby avenues this week, days after Adams’ sudden announcement that the city would “adjust the current design.”
That decision was met with mixed reactions.
The parking protected bike lane, which stretches from Flushing Avenue to Dean Street, was only finished last year, after years of back-and-forth. The local Hasidic community has largely opposed the lane, and the United Jewish Organizations of Williamsburg last week thanked Adams for “accepting our proposal” for the bike lane.
But others slammed Adams for opting to axe the lane, especially without prior warning. Bedford Avenue is notoriously dangerous for pedestrians, cyclists, and motorists, and critics said removing the bike lane could put locals in more danger.
The lawsuit claims that DOT “did not engage in proper analysis of the effects of removing the protected bicycle lane,” and accuses Adams of failing to engage with local community boards before opting to remove it. In failing to consult with community boards and elected officials, DOT violated the city’s administrative code, the suit claims.
In an affidavit, local Council Member Lincoln Restler said he had not received notice of DOT’s plans to remove the protected bike lane.
Kevin Rizzo, assistant corporation counsel at the NYC Law Department, argued in a letter to the judge that the planned changes “follow engagement with the community to further refine recent modifications to the street,” and claimed the city would “not remove the bicycle lane but would shift its location within the street.”
The June 17 letter asked that Walker-Dialo opposed the TRO request and “wish to be heard on the matter.”
“We’re ecstatic that a judge is currently blocking the city from ripping up street safety improvements,” said Ben Furnas, Executive Director of Transportation Alternatives, in a statement. “We know that City Hall’s plans aren’t just wrongheaded, they’re illegal — and we will keep fighting for safe streets every step of the way. We won’t let anyone make our streets more dangerous. Mayor Adams, we’ll see you in court.”
