The Prospect Park West Bike Lane Battle May Soon Become a Legal One

The conflict surrounding the Prospect Park West bike lane may soon escalate to a legal battle.

The groups Neighbors for Better Bike Lanes and Seniors for Safety are now weighing legal options for the removal of the two-way, parking-protected bike lane.

"The 'spin' that only a few politically connected people are opposed to this bike lane is absurd.  At this point, I already have dozens and dozens of clients, and more come forward daily. They are young mothers and fathers, seniors, small business owners, commuters, park enthusiasts, and even some bikers,” said Jim Walden, a partner at the firm Gibson Dunn and legal counsel to Neighbors for Better Bike Lanes and Seniors for Safety.

The lane was controversially installed last June, and last month the Department of Transportation having successfully reduced speeding and accidents, among other things, according to a DOT study.

But several members of the NBBL have argued that some of the findings in the DOT study are incorrect and do not match findings in a study the group conducted itself. Additionally, they have long charged that the lane is unsafe.

Members of NBBL include Iris Weinshall, the former city transportation commissioner and wife of U.S. Senator Charles Schumer and Norman Steisel, the former deputy mayor under Mayor Edward Koch, among others. Borough President Marty Markowitz, though not a member of NBBL, has also been an of the lane.

“They are all concerned about a few indisputable facts: DOT promised careful study and public input; instead DOT relied on phony, misleading data and delivered a 'cram down.' In doing so, DOT put an ivory-tower policy objective over public safety,” said Walden.

“We have tried to have constructive dialogue with the Commissioner Sadik-Kahn, we have requested data and meetings.  She gave us the stiff arm.  She is leaving us with no choice.  We still hope she comes to the table. But, bitter experience has conditioned us not to rely on good will from the Commissioner.”

Yesterday, the transportation news website Transportation Nation published a letter written by Walden on behalf of NBBL and sent to Transportation Commissioner Janette Sadik-Khan in December.

The letter requests the immediate release of data on the Prospect Park West bike lanes, as well as a forum to address safety issues with the lanes.

The letter also notes the DOT’s failure to comply with a Freedom of Information Law (or FOIL) request and asks that the agency refrain from making a final decision as to the permanence of the lane until the public can review and comment on the data, and the DOT can review independent studies collected by NBBL and others.

“Your written assurances on these points will obviate the need for us to pursue legal remedies at this time,” the letter concludes.

Though the lane has many vocal critics, it boasts many supporters as well. An conducted by Councilmember Brad Lander found that Park Slope residents approve of the bike lane by a three-to-one margin. Additionally, at the and presentation of the Prospect Park West bike lane data, many residents stood to praise the lane, as well as criticize it. 

“They are planning to sue to get rid of a project that has succeeded in making Prospect Park West a safer, more functional, more inclusive street and that 75 percent of the community supports,” said Aaron Naparstek, the co-founder of Park Slope Neighbors, which has been a vocal supporter of the bike lanes.

If the DOT does eventually decide to remove the lane, rather than make the pilot project permanent, the agency said its removal would cost three times as much as its installation.

No official legal action has been pursued as of yet.