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Residents with disabilities take legal action against NYC to halt Upper West Side bike lane proposal

Residents with disabilities take legal action against NYC to halt Upper West Side bike lane proposal

Disabled Residents Sue Over Controversial Bike Lanes on West 72nd Street

Residents with disabilities on the Upper West Side are taking legal action to halt the city’s contentious redesign of West 72nd Street, which includes new bike lanes that many locals oppose. The lawsuit was filed in federal court on Friday and includes seven plaintiffs, one of whom is a blind woman who relies on various aids for mobility, including a wheelchair and cane.

The plaintiffs argue that the new layout will “effectively shut out” individuals with disabilities. The redesign plans to cut vehicle lanes from four to two, relocate parking spaces further from the curb, and install two-way bike lanes. This, they claim, will force them to navigate through traffic that includes bicycles and electric scooters just to access taxis and public transport, creating safety concerns.

Attorney Hartley Bernstein expressed frustration, noting, “The whole concept makes no sense. This is a busy street with 20,000 residents, many of whom are elderly.” He suggested alternative bike lane configurations that could be safer yet still accommodate cyclists, though it might be slightly less convenient for them.

The lawsuit alleges that the city’s plan infringes upon the Americans with Disabilities Act, as well as state and city human rights laws. Court documents indicate the redesign could have a “chilling effect” on the plaintiffs’ ability to travel safely.

The proposed bike lane would run on the north side of the street, stretching between Central Park West and Riverside Drive. The plaintiffs are asking for an injunction to stop the construction and revert to the previous street design, along with at least $225,000 in damages and legal fees for each plaintiff.

Locals have expressed opposition to the DOT’s plans during community meetings and organized a rally in May to voice their concerns. This lawsuit is part of a larger legal strategy by Mayor Zoran Mamdani regarding electric bike regulations.

Additionally, another lawsuit has been introduced involving individuals who have been injured by reckless e-bike riders, challenging Mamdani’s decision to reduce penalties for e-bike violations, which they say has made streets less safe for vulnerable residents.

In Queens, the DOT is facing criticism over a risky bike lane plan that residents have protested. Bernstein previously filed a lawsuit against them concerning a bike lane in Astoria, highlighting safety hazards for emergency services. He noted a judge had ruled in favor of his client regarding those risks.

Even after appealing, the DOT devised a new plan for Astoria that Bernstein contends doesn’t adequately address the previous judge’s concerns. He plans to contest this new plan as well.

Inevitably, DOT’s alignment with advocacy group Transportation Alternatives has raised eyebrows. The group plays a significant role in influencing city policies, and its executive director, Ben Furnas, is involved in the mayor’s transportation initiatives.

In response to inquiries, Furnas stated that enhancing safety on 72nd Street will ultimately benefit everyone, including seniors and children. He asserted that access for emergency vehicles will remain intact post-redesign, arguing that similar changes in other parts of the city have improved traffic flow for ambulances.

“There’s nothing worse for anyone than a reckless driver on a road that lacks proper intersections,” he added, emphasizing the need for safer streets.

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