|DAVID HANDSCHUH/NEW YORK DAILY NEWS|
Former Mayor Michael Bloomberg’s bicycle initiatives are under attack in a lawsuit filed Friday.
Sunday, March 22, 2015
Steve Vaccaro, an attorney who helped write the 2014 law, said the maximum penalty is $250 and 30 days in jail.
Alexander Smotritsky, 39, was three blocks from his Bath Beach home when he struck Xiali Yue, 61, Monday morning at 21st Ave. and Cropsey Ave., cops said. She is in critical condition
Attorney Steve Vaccaro is like a Transportation Alternatives "legal button man." Sues the city at the drop of a hat. Tries to intimidate the NYPD. The law does not mention cyclists being penalized if a rogue rider hits a pedestrian who is within a cross walk and has the right of way. This is a Vision Zero blind spot. We believe this is an intentional neglect of equal motor vehicle culpability. A prejudicial law that is a result of Transportation Alternatives radical mission to drive the auto from the city and recapture the streets and sidewalks for the bicycle.
*****Having Vaccaro write the law is akin to having lobbyists(TA employs and is a registered lobby group) write a Federal law. It is akin to having Halliburton write the laws pertaining to Fracking.******
Court Rules Citi-Bike In Petrosino Square Can StayAdmirers photograph Carole Feuerman’s Survival of Serena an exhibition in the artist space located at the northern part of Petrosino Square on Lafayette Street and Cleveland Pl. between Kenmare & Spring Streets at the intersection of SoHo, Little Italy, and Chinatown. (Photos: Geoffrey Croft/NYC Park Adovcates)
The City surreptitiously installed a 32-dock Citi-Bike docking station (below) in April 2013 which replaced park space that had been dedicated to art installations since 1985, and even though there is an alternative location fro the bikes directly across the street.
ManhattanBy Geoffrey Croft
In yet another strange ruling from the Supreme Court Appellate Division First Department involving a parkland alienation case the court ruled that a controversial Citi-Bike docking station in Petrosino Square can stay.
"The trial court erred in failing to acknowledge the distinctions between recreational bicycling and bike-share commuting, which, though similar in instrumentality, serve completely different purposes," Plaintiffs argued.
The Court did not agree.
The Appellate Division found that the bike share station served a proper park purpose of allowing members of the public to ride and dock a Citi-Bike at Petrosino Square, where they may “enjoy the Park as a respite, a spot for a meal or even as their final destination.”
In other words because the public can theoretically ride a Citi-Bike to the square where they can theoretically use the sitting area the docking station constitutes a "park purpose." So even though that is clearly NOT the purpose of Citi-Bike nor how the bikes are used there the transportation bike sharing program can stay.
And to add insult to injury, bike riding is prohibited in Petrosino Square according to the Parks Department.
Section §1-05 Regulated Uses states that, "No bicycle...shall be ridden or otherwise operated in a pedestrian way, park path, sitting area..."
In 2013 Plaintiffs filed suit arguing that the city ignored state "parkland alienation" law and its own regulations when they installed Citi Bike racks in tiny Petrosino Square, a Parks Department owned property on Lafayette Street in SoHo. The suit alleged that the Department of Transportation and the Parks Department improperly failed to get necessary approval from the state Legislature to use parkland for a non-park purpose.
During the suit Corporation Council had absurdly tried to argue that the Square belonged to the Department of Transportation.
Several requests seeking comment from the City's Law Department were not returned. Attempts to reach Plaintiffs and their lawyer were also unsuccessful.
"This is not a legitimate park purpose for Petrosino Square. It's an outrageous violation of law," Plaintiff's lawyer Randy Mastro, Gibson Dunn's senior managing partner said last month.