PPW Bike Lane Foes Subpoena City, Lander

Opponents of the Prospect Park West bike lane are clambering for a real trial.

Seniors for Safety and Neighbors for Better Bike Lanes hit the New York City Department of Transportation and Councilmember Brad Lander with subpoenas yesterday afternoon, compelling them to testify at the next hearing on the case later this month.

 "The City is trying to avoid litigation on a technicality, which is based on a lie,” said Jim Walden, the Gibson Dunn & Crutcher partner who is handling the case pro bono, in a statement.

“After having told the public and various elected officials the bike lane was a trial project, the City now makes the incredible claim the lane was permanent all along, and that our suit was filed too late. The City is desperately trying to avoid litigating the merits of our suit because it cannot justify its misuse of data and failure to conduct a proper safety study.”

The two anti-lane groups , arguing for the removal of the controversial two-way bike lane, calling it “arbitrary” and “dangerous.”

In the city’s filed earlier last month, it argued that the suit was filed after the statute of limitations was up. The 39-page document also contended the lane couldn’t have been located anywhere else in Park Slope, that it was installed based on industry guidelines and that all analysis of the lanes has been correct and sound (see the entire document ).

After the suit’s , the city maintained their position.

"The petitioners have been unable to refute the key legal issues in the case,” said city attorney Mark Muschenheim after the brief hearing. “Their lawsuit was brought after the statute of limitations had expired. Even if it weren’t filed too late, the bike path was clearly a reasonable and rational response by the City to community concerns, the sole legal standard for this case.”

Proponents of the lane, including the DOT, have maintained that the lane has improved safety on the pretty boulevard. The DOT has even planned to make further to the lane to enhance lane safety and aesthetic even further – which Community Board 6 also approved, unanimously. They argue that it has been continually supported by the community board, civic institutions, and the majority of local residents—as found in twice in separate independent studies by and .

“Mr. Walden and his clients are mistaken on a number of fronts, among them their claim that the redesign of Prospect Park West -- which was requested by the Community Board in a years-long process -- was in some way a ‘trial,’” said Eric McClure, an advocate of the lanes and co-founder of Park Slope Neighbors. “It's clear to everyone but them that it was intended to be a permanent redesign, and it's clear to anyone who has experienced the redesigned PPW that it is much, much safer for everyone who uses the street.”

“The City's response to Walden's lawsuit goes into great detail in arguing the merits of the suit. This includes numerous citations of case law, detailed affidavits with DOT staff and responses to every single one of NBBL's claims, particularly the stuff about "misuse of data,” added Aaron Naparastek, another co-founder of Park Slope Neighbors and founder of Streetsblog.

On the suit’s first court date, Judge Bert A. Bunyan quickly adjourned the case after plaintiffs NBBL and SFS requested more time to review recently submitted FOIL request from Lander, containing hundreds of documents. The case is scheduled to appear next in court on July 20.

"DOT can bike but it cannot hide," said Georgia Winston, another pro bono attorney in the case. "We look forward to their testimony. If they fail to appear, we will seek appropriate sanctions from the court.”