Lawsuit clears path, puts parts of NYC's Open Streets' program in jeopardy

"It's obviously a positive ruling because the case is not dismissed and it gets to a court. Most of the facts are not in dispute on what the program is—its hours of operation, the fact that it has various traffic-calming measures. Things like bike lanes, barricades. I don't think there's any real dispute that the city closes these streets."

"The plaintiffs in the case are disabled individuals who live on or near affected streets open to local traffic. They claim that they do not have access to the streets because the city puts in place heavy physical barriers that the plaintiffs can not move. They also say paratransit and rideshare vehicles cannot enter streets closed for the program."

"Some New Yorkers have called the program, which launched in 2020 during the COVID-19 pandemic as a way for locked-down New Yorkers to enjoy open-air space, ableist, ageist and elitist. The key reason? The city uses barriers and other heavy steel barricades that people with mobility issues cannot lift or operate to enter the open-space area."

Disability advocates achieved a legal victory when Federal Judge Eric Komitee denied the City of New York's motion to dismiss a lawsuit challenging the Open Streets program under the Americans with Disabilities Act. NYC Access for All, representing disabled individuals living on or near affected streets, claims the program violates accessibility rights by installing heavy physical barriers that prevent people with mobility issues from entering closed streets. Additionally, paratransit and rideshare vehicles cannot access these streets. The case, filed in April 2023, will now proceed to court. The plaintiffs argue that undisputed facts about the program's barriers, bike lanes, and street closures demonstrate accessibility violations, while the city maintains the program empowers communities.

Read at www.amny.com