By Forum Staff
In a consequential, if nonpermanent, victory for an Astoria business association, the State Supreme Court has issued a temporary restraining order and preliminary injunction halting the construction of protected bike lanes on 31st Street.
Last Wednesday’s development follows a legal challenge filed by the 31st Street Business Association that asserts that the City Department of Transportation’s plan would compromise public safety, devastate local commerce, and violate the City’s own regulations.
The injunction temporarily blocks the City Department of Transportation from proceeding with the bike lane project pending a show cause hearing on Sept. 22.
Filed on Aug. 8, the lawsuit alleges that NYC DOT’s bike lane plan poses significant safety risks to pedestrians and the very cyclists it is supposed to protect; demonstrates flagrant disregard for existing fire codes and mandates; and violates the Equal Protection Clause of the 5th and 14th Amendments. The suit further asserts that the city acted without consulting FDNY or other first responders, ignored credible studies that warn against siting protected bike lanes on streets with numerous intersections and driveway junctions, and placed the desires of a small group of unregulated cyclists and e-bike riders above the rights and needs of the broader community.
“We are pleased that the court has agreed to this pause,” said Joseph Mirabella, president of the 31st Street Business Association. “DOT has tried to steamroll the community with phony outreach, and has dismissed our concerns about siting, safety, and suitability at every turn. The court’s ruling is an acknowledgement that the numerous issues we raise in our suit merit thoughtful consideration.”
The injunction will remain in effect while the case proceeds, preventing any construction activity of bike lanes on the corridor and preserving current access for local businesses and residents.
According to the business association, many of the businesses that are party to the suit have faced threats and “review bombing” by members of small advocacy groups that support DOT’s plan. Kostas Tsampas, owner of King Souvlaki, said, “They get together online and call for boycotts and leave fake one-star reviews because we are trying to protect our community, our livelihoods, the jobs of our employees, and the bikers themselves. And DOT has done nothing to discourage them. It’s very disappointing.”
Anthony Koulizakis, owner of Z&D Service Station, one of the plaintiffs to the suit, said, “As a small business owner who would be negatively impacted by DOT’s plan, I am happy that the court recognized the many problems that DOT has not addressed. I’m in favor of improving safety on 31st Street, but DOT’s plan for bike lanes along the stretch will do the opposite—all while hurting businesses.”
Panos Adamopoulos, owner of Pilates Design LLC, added, “DOT likes to say they reached out to all the businesses. But what did the businesses say? DOT won’t tell you. Fifty-four of us got together and sent them a letter telling them exactly how their plan would jeopardize safety and harm the community, and they didn’t listen.”
