UPDATE: Activists Sue City To Prevent Erasure of Bedford Avenue Bike Lane

The Adams administration must be blocked from removing the Bedford Avenue bike lane because doing so violates city law barring the installation or removal of any bike lane without proper notification, according to a just-filed lawsuit.

In the suit, filed on Tuesday in Kings County Supreme Court, plaintiffs Transportation Alternatives and Williamsburg resident Baruch Herzfeld, demand a temporary restraining order to block the removal of the lane, arguing that cyclists "will be irreparably harmed" by removing a safe route.

The court papers also argue the case on the merits, namely that the city is violating its own law in the way it made the decision to remove the lane without warning.

"Despite the completion of the upgraded lane’s installation in October 2024; and, despite data showing both that the old [painted lane] was not safe or effective and safety of all road users has improved since the upgraded design was installed, the city improperly, irrationally, without proper legal notice and in an abuse of discretion announced on Friday, June 13, 2025 that it would remove the upgraded bicycle lane," the papers state.

City Administrative Code Section 19-101.2 requires the Department of Transportation to provide email notice to local elected officials and the local Community Board — in this case Community Board 3 — of the removal or installation of bike lanes "and allow at least 10 business days within which
said officials may request a presentation with details of the projects and the justification for it," the court papers state.

"DOT did not provide the required notice," it added.

The Adams administration instead announced on Twitter on Friday afternoon that it would remove the protected bike lane between Willoughby and Flushing avenues after consultations with "the community," a reference to a Town Hall meeting organized by Hasidic leaders who have opposed the bike lane. In fact, several residents of the Williamsburg community, including Herzfeld's 12-year-old son, who is also a plaintiff, testified on behalf of the bike lane.

"The mayor instead consulted only with a single constituency of residents in the neighborhood" before announcing the removal, the court papers add.

The lawsuit is filed under Article 78 of state law, which allows members of the public to sue to municipalities for wrongful action in inaction. They are used by supporters of city action hoping to block a reversal and also frequently used by opponents of bike and bus lanes hoping to prevent the installation. The latter cases are rarely successful, as the DOT is seen by judges to have broad discretion to act, albeit not in violation of city law.

Herzfeld celebrated his son's role in the case.

“My son Rafael turns 13 next month. In Jewish tradition, that’s when a boy becomes a bar mitzvah — responsible for his actions, his words, and his place in the community,” said Herzfeld. “Rafael is preparing for this by suing the mayor of New York City.

"Tearing out portions of the Bedford Avenue bike lane will only make our streets more dangerous for everyone who uses them, including children," the proud father added. "I’m honored to stand with my son to fight for his street, his community, and his city.”

Peter Beadle, the plaintiffs' lawyer, focused on the law, rather than manhood.

“It is unlawful for City officials to intentionally and knowingly put people at risk like this," he said in a statement. "These street safety improvements have been proven to save lives, reduce crashes, and protect people from injury, and we cannot sit idly by while the Adams administration takes steps to make our streets more dangerous. If we don’t act now, people are going to die. New York City, we’ll see you in court.”

The DOT did not initially respond to Streetsblog's question, but filed a letter with the court saying, "The planned changes to Bedford Avenue follow engagement with the community and seek to further refine recent modifications to the street. This plan would not remove the existing bicycle lane, but would shift its location within the street. Previous improvements to the intersections, such as pedestrian islands that reduce crossing distances and intersection redesigns that improve visibility for all street users, will remain in place."

Update: Lawyers for the plaintiffs and the city discussed the issue in an off-the-record conference late on Tuesday, but not before a judge, but a clerk, who refused to identify herself to either party.

The clerk is expected to brief Judge Carolyn Walker-Diallo either Tuesday night or Wednesday, who will then issue a ruling.

At issue, said Beadle, is whether the removal of the protection for the bike lane represents a "major project" under the law. But Beadle also stressed that Council Member Lincoln Restler, who drafted the legislation that required notification, had filed an affidavit on behalf of the plaintiffs.

"If this is a legislative intent question, you can't get much better than the author of that bill saying he didn't get the legal notice," said Beadle.

"The city's posture is that they aren't 'removing' anything," Beadle said. "I absolutely believe this is a major project."

— with Sophia Lebowitz at Kings County Supreme Court