One day after cycling advocates sued the city, a judge on Wednesday issued a temporary restraining order (TRO) blocking the city from removing portions of a protected bike lane on Bedford Avenue.
The suit filed on Tuesday followed a move by New York City Mayor Eric Adams last week who said he is taking away the bike lane on Bedford Avenue between Willoughby and Flushing Avenues after a request from some Williamsburg residents.
The lawsuit filed by the nonprofit Transportation Alternatives and Brooklyn residents, including Baruch and Rafael Herzfeld, said the mayor removing portions of the Bedford Avenue bike lane was improper, irrational and without proper legal notice.
“Tearing out portions of the Bedford Avenue bike lane will only make our streets more dangerous for everyone who uses them, including children," said Baruch Herzfeld.
Peter W. Beadle, the lawyer representing the Herzfelds, said it is unlawful for city officials to "intentionally and knowingly" put people at risk.
"These street safety improvements have been proven to save lives, reduce crashes, and protect people from injury, and we cannot sit idly by while the Adams administration takes steps to make our streets more dangerous, without even providing the mandatory notice and time for community feedback required by city law," he said. "We do not make this decision lightly, but if we don’t act now, people are going to die. New York City, we’ll see you in court.”
When applying for a TRO, 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 after the TRO was issued.
"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," he said.
The TRO will last until the court holds a hearing on the lawsuit later this summer, and the city is legally barred from removing or tampering with the safety improvements during that time.
Council Member Lincoln Restler also submitted a signed affidavit in support of a temporary restraining order on the removal project. Restler said he was not notified of any intention to remove the lane, which is legally required under city law.
"I passed a law that requires the mayor to notify communities when proposing to add or remove bike lanes," Restler said in a statement. "We hope and expect the mayor will comply with the law."
The Bedford Avenue safety project was put in place after years of danger and death, and it has worked, said Ben Furnas, executive director of Transportation Alternatives.
“This is unwarranted, unlawful, reckless, and we are suing," Furnas said. "It’s illegal for the mayor to unilaterally decide to rip up safety improvements, in contravention of the city's own safety data. No design is without room for some improvement, but removing this safety project leaves Brooklyn families less safe."
