Seven disabled New York City residents, including a blind woman, have filed a federal lawsuit seeking to halt the city's planned redesign of West 72nd Street, alleging the protected bike lane will segregate them and violate federal and state human rights laws. The complaint, filed Friday in Manhattan federal court, contends the plan to reduce traffic lanes from four to two and create a two-way bike lane adjacent to the north curb will make it unsafe for individuals who use wheelchairs, scooters, canes, and walkers to access taxis, buses, ride-shares, and emergency vehicles.
According to the lawsuit, the new street configuration will force disabled residents to cross fast-moving bicycle and e-scooter traffic to reach essential transportation, a risk they fear to undertake. The plaintiffs argue this will have a "chilling effect" and make them "virtual shut-ins."
"The whole concept doesn’t make any sense," said Hartley Bernstein, the plaintiffs' lawyer. "It’s a busy street with 20,000 residents and a large proportion of seniors." Bernstein suggested alternative routes on parallel streets, 71st and 73rd, which he believes would be less convenient for cyclists but safer for vulnerable pedestrians.
The suit specifically cites violations of the Americans with Disabilities Act, as well as New York state and city human rights laws. The plaintiffs are requesting an injunction to stop construction, revert the street to its previous layout, and are seeking at least $225,000 in damages per plaintiff, plus legal fees.
This legal challenge is part of a broader opposition from Upper West Side residents and business owners, who have voiced concerns at community meetings and held protests. The lawsuit also follows other legal actions challenging the city's broader e-bike agenda, including a separate suit by individuals injured by e-bike riders that claims reduced enforcement of violations has endangered seniors and disabled New Yorkers.
Bernstein's law firm has previously been involved in litigation against the city's Department of Transportation (DOT) over bike lane designs, including a case in Queens' Astoria neighborhood where locals argued a planned bike lane posed fire rescue risks. Bernstein claims a judge ruled in his clients' favor on that case, though the DOT has filed a notice to appeal and subsequently proposed a similar plan for the area.
Conversely, Transportation Alternatives, a bike advocacy group, stated that the redesign prioritizes safety and will improve street conditions for seniors, children, and disabled New Yorkers. The group's executive director, Ben Furnas, who previously served on the mayor's transportation transition team, asserted that cars, trucks, and buses will still be able to access and drive on 72nd Street, and that ambulances will find it easier to navigate the street post-redesign. He characterized the improvements as making crossings shorter and safer for everyone except "reckless, speeding drivers."