Citi Bike 2 – Opponents 0.
A Manhattan judge on Wednesday tossed out a lawsuit against Citi Bike by a Greenwich Village co-op that claimed the 39-bike kiosk violated guidelines because it was placed in a driving lane.
Supreme Court Justice Cynthia Kern ruled in favor of the city, taking a very literal interpretation of technical guidelines.
The Department of Transportation rules only prevent bike-share racks from being located in parking lanes that are switched to driving lanes at specific times of the day.
Because the spaces in question, on the north side of W. 13th Street near Seventh Avenue, had a “No Parking 8AM – 6PM Except Sunday” sign cars were regularly allowed to stop along the curb and thus prevented traffic flow, Kern ruled.
“If this lane was a driving lane during certain times of the day, the sign would have had the wording ‘No Standing’ instead of ‘No Parking,” Judge Kern noted, quoting a statement by a DOT engineer.
Therefore she said, the area had only become an ad hoc driving lane, not a sanctioned one.
“The fact that some drivers may have taken advantage of the no-parking restriction and driven in the curb lane between those hours is irrelevant to a determination of the proper use of the lane,” Kern wrote.
Residents of The Cambridge, which brought the suit, say the rack has caused traffic and trash nightmares.
The building’s attorney, Steven Shore, was not immediately available for comment.
This is the second time Justice Kern has ruled in favor of the city and against bike share opponents.
Last week Kern said that a 32-bike docking station in a tiny Soho park used to exhibit artwork could stay because it was filled a recreational purpose.
There are still two other lawsuits pending against Citi Bike.