Lawsuit to remove the PPW bike lane

The real estate industry has long understood the power of community boards.

If this decision causes opponents and proponents of bike lanes understand this power, I expect the battles to be heated at that level.

People seem to "really hate" or "really love" bike lanes.

In my view, in order to be willing to withstand the tedious torture of community boards, one has to either care about a bunch of issues, or be atoning for some unspeakable crime.

Merely hating bike lanes isn't going to cut it.

I wonder just how horrible of an act I would have to commit, before my conscience would tell me that serving on a community board was the only way to be forgiven.

I'll readily admit I might be using the term ULURP too broadly.

Let me put it a different way: There are guidelines which must be followed by DOT (and other city agencies) whenever they propose to make a change that affects the general public.

Rarely can they take these actions "as of right". Instead, they must notify the public, hold hearings, conduct studies, and get the local Community Board's approval. (a lot like the procedures specified in ULURP).

I'm under the impression that this "community involvement" process has understood rules and procedures, and once you comply with it all, an agency can actually accomplish something in NYC.

However, the lawsuit of those against the lanes seemed to claim either that the existing process was not enough and/or the DOT manipulated the data to get it through the community board. If the case is appealed, I fear it could have voided those rules, or made them much stricter.

The NYT writer seems to interpret the judge as merely saying, "I am not going to rule on whether DOT complied with all the rules, I am going to throw out your case because you filed it after the statue of limitation has expired".

If DOT and bike advocates are going to get more bike lanes in the future, I suspect those against the lanes are going to make sure they follow every aspect of whatever the procedure is known as.

P.S. I'm glad the case was thrown out. I'll make sure to ride the lane tonight.

Nah, it is some kind of a regulated procedure. It is more than a courtesy.

DOT just went thru a similar routine in order to begin the reconstruction of Eastern Parkway between Washington and GAP. When finished, it will involve losing a few parking spots and narrowing a service road in order to accommodate (gasp) a bike lane on the median.

Like the PPW process, it took years and they had to act polite in front of idiots of all varieties (like myself...).

....no one would do that unless they had to.

The text of the actual PPW ruling cites some of the rules the DOT is required to comply with:

http://www.scribd.com/doc/62496707/The-Prospect-Park-West-Bike-Lane-Ruling

P.S. I totally agree that it is a pain in the butt to have to get every community's approval. It is part of why it takes so long to get things done in NYC, and other places (cities, countries) can accomplish things we can not. "Design by community" might suck even more than "design by committee", but it is often the only system we get to use.

...hopefully those opposed to the bike lane won't appeal it.

The NYT writer seems to interpret the judge as merely saying, "I am not going to rule on whether DOT complied with all the rules, I am going to throw out your case because you filed it after the statue of limitation has expired".

There was a bit more to the ruling than this (don't read that as sarcasm). The question was whether the statute of limitations applied in this case which was dependent on whether DOT followed procedure (installed it as a permanent fixture from the beginning) or whether the DOT did an end-around by installing a trial project and then making it permanent.

So the statue of limitations could only be ignored if the judge agreed that the DOT had done an end around.

The judge ruled the SOL applied b/c in fact the DOT did it the right way.

Don't take that victory ride down PPW yet.... this article make sit sound as if the petitioners will be back.

Jim Walden, the attorney representing the plaintiffs in the group, said Wednesday, “News of our demise is premature — the battle continues. The judge dismissed our petition without prejudice, saying that DOT [the city Department of Transportation] never made a decision concerning removal of the bike lane based on the safety study [which showed increased crashes after the lane was installed].

“He invited us to demand removal, and if DOT does not comply, we can re-file the lawsuit. At the same time, the judge granted our long-standing demand for public documents, which DOT wrongfully withheld.”

source:

http://www.brooklyneagle.com/categories/category.php?category_id=27&id=45490

related jabbering:

http://www.brownstoner.com/blog/2011/08/war-of-words-continues-over-ppw-bike-lane/#disqus_thread

http://gothamist.com/2011/08/17/ppw_bike_lane_lawsuit_is_this_reall.php

http://gothamist.com/2011/08/18/five_angry_men_on_citys_bike_lane_v.php#photo-1

In response to the verdict and the likelihood of an ongoing "battle" Transportation Alternatives is making a pitch:

Dear Friend,

The verdict is in: on Tuesday, a Brooklyn judge dismissed a lawsuit that was filed against the City regarding the street safety improvements implemented on Prospect Park West. This ruling confirms what many already knew: the Prospect Park West protected bike lane was the result of years of democratic, community-based planning by committed Park Slope residents, and it is making the street safer for everyone.

Now’s the time to take this win and hedge it against other potential threats to street safety improvements in New York: join Transportation Alternatives today and make your support official.

When Transportation Alternatives saw that a vocal minority threatened to unravel years of community-driven advocacy, we mobilized hundreds to tell the true story to our city agencies, elected officials and the media. You stood up with us in support of the safety improvements installed on Prospect Park West because you knew we were right. Now, you can continue to support this cause by helping it to grow; join Transportation Alternatives as a member and cast your vote for safe biking and walking in neighborhoods all over New York.

At Community Board meetings and civic forums, on petitions and in letters to the editor, Transportation Alternatives’ members and friends spoke up for street safety on Prospect Park West. Because of this support, we all won. Join our community of members now and be part of the solution in the most sustainable way possible.

I hope to welcome you as a Transportation Alternatives member, soon.

Sincerely,

Elena Santogade

Membership Director

A decent article on the behind the scenes stuff

http://www.streetsblog.org/2011/10/03/the-nbbl-files-weinshall-got-randy-mastro-before-the-paint-on-ppw-was-dry/