Sandy R. and Shannon Phipps
NYC Access for All
After three years of living with hardship and being made invisible, on April 24, 2023, twelve brave New Yorkers from Brooklyn, Manhattan and Queens filed a lawsuit against the City of New York for ADA (Americans with Disabilities Act) violations on “Open Streets.” Charles v New York City
NYC Council’s “Open Streets” program, implemented in April 2020 by the NYC Department of Transportation, was intended to promote safety but has resulted in a disregard for the rights of residents, businesses, and particularly the senior and the disabled population.
Elderly man tries move barricade gate on Willoughby.
Photo credit: NYC Access For All
These appropriated “rights” are being hailed as a triumph while overriding the rights of drivers, equal access for the disabled, and the right to live without excessive noise pollution from Open Street and Plaza events. These “community” events disrupt the quality of life for residents living on designated streets.
The “Open Streets” movement empowers a minority of New Yorkers to dictate how public spaces are used, effectively institutionalizing the heckler’s veto. Less than 1% of bicycle commuters are given the authority to dictate how the remaining 99% of New Yorkers should navigate their own city streets and neighborhoods.
In reality, these “Open Streets” rights impede timely emergency access for fire and medical services, violate equal protection access laws for the disabled, bypass environmental impact studies, disregard community board participation, and undermine residents’ right to self-determination. The movement exploits slanted surveys and exclusive online and social network communication to dominate public thoroughfares in a quasi-authoritarian manner.
Adding insult to injury, the arrogant hecklers who champion pedestrian safety conveniently ignore the dangers posed by motorized alternate micro-transit vehicles such as e-bikes, e-scooters, and motorcycles speeding on sidewalks and running red lights without licenses or insurance. Pedestrians are endangered by these law-breaking riders, who remain unaccountable for their actions.
The de facto hecklers’ “war on cars,” regardless of its merits, has been fueled by a self-entitled faction of bikers and endorsed by Silicon Valley and Wall Street investors. These ride-share and app companies benefit from the promotion of this holier-than-thou rhetoric while exerting disproportionate influence on legislators and the administration. Their actions harm the general public.
It is time to expose these bullies for the damage they cause through the closure of streets by the NYC Department of Transportation. The strident hecklers who demagogue and veto those who oppose their agenda must be called out for their actions.
NYC Access for All is a non-profit advocating for the civil rights of seniors and people with disabilities who have been discriminated against by the City of New York via closed streets. 3.5 million New Yorkers are over the age of 65 and 11% of NYC residents have a disability. Brooklyn and Queens are home to the largest senior populations in New York State. Closed streets are designed to limit or fully exclude vehicle access on commercial and residential streets. Hundreds-of-thousands of people with mobility needs utilize cars, para-transit, buses and car services in order to lead independent lives. Seeking to have their right to access public spaces restored, petitioners demand freedom to move to and from destinations, to live life independently without harassment or being policed by DOT third-party partners, volunteers, or Transportation Alternative activists.
“Open Streets” has also hurt bus riders.
Incredibly, DOT has implemented Open Streets on some bus routes forcing bus detours.
Who would have ever thought that NYC would sacrifice mass transit and bus riders (elderly, women, low-income) so restaurants/diners could have more space for brunch?
DOT is happily messaging the closure of lower Broadway for Open Streets which benefit wealthy restaurants and luxury hotel and is hastening push-out of remaining small businesses.
(Nor any acknowledgement that there used to be a bus along Broadway – this bus was rerouted due to Bloomberg/Sadik-Khan decisions to change streetscape for pedestrian plazas.)
Also worth noting that the numerous pedestrian plazas and Open Streets in midtown Manhattan are basically dsytopian spaces for tourists to eat corporate fast/chain food and leave trash.
Open/Closed Streets delay FDNY, NYPD, & EMS. They were begun under the guise of temporary measures during the Covid pandemic but then became permanent without regard for residents of those streets.
Studies have actually found that open streets often decreased congestion on neighboring streets
The community against open streets particularly those closing streets in residential communities are growing as the unintended consequences impacting safety and quality of life continue to grow. It doesn’t help that those organizations that fund the open streets initiatives refuse to engage with community differences and are bike extremists.
DOT, mayor’s office and other elected officials should be ashamed. How do you blatantly ignore your constituents, many of whom had more faith and some hope — and voted for you (well, that’s the last time that will happen for me). The safety concerns of so-called “open” streets and the numerous “plazas” are of utmost importance when citizens, especially seniors/disabled citizens are continuously dodging bicycles and motor bikes now. With no vehicular (car) traffic, cyclists don’t even think about using a bike lane or going the right way on a one way street. What chance do pedestrians have? Since in many neighborhoods, Access-a-Ride and car services cannot go door to door, what’s the point of taking a car service late at night for protection when you have to walk a half block to your door anyway. I found it irritating one day walking down an “open” street, witnessing an Access-a-Ride vehicle, waiting at the corner for someone to get to it, while a pedestrian was cheerfully walking in the middle of the street. It makes ZERO sense. Anyone who is listening and believing that communities want these changes, be advised … you are being lied to. And, every one of the “open” streets that I see are ugly. There are construction cones and all other matter of street “calming” paraphernalia that gets run over, smashed and lays on the side of the road. UGLY. Lastly, a question for MTA and DOT: do you talk to each other when making changes to streets/traffic. Jay Street is a mess. When the B54 turns, it stuns me every time that there are not more accidents as the bus driver tries to maneuver around parked and double-parked cars, then makes a ridiculous wide turn to avoid hitting flower pots!!! Really??? One time, passengers were advised to get off the bus and walk through Metro-Tech because the bus driver was blocked by a delivery truck. Insanity.
Open Streets – that rally means CLOSED STREETS by the way – gives drivers, those of us too old to be cyclists, one less option and clogs adjacent streets off and on all day. There is no good reason for Willoughby Avenue to be closed!