New York judge strikes down Staten Island's Victory Boulevard bus lanes over half a foot of width

New York City's Victory Boulevard bus lane project on Staten Island suffered a courtroom setback on October 27, when a Staten Island Supreme Court judge ruled that the partly installed lanes cannot stand because they fall short of the transportation department's own design guidance.

A half-foot shortfall

According to Streetsblog's October 28 report, the dispute turns on width: the installed lanes are 10.5 feet wide, while the Department of Transportation's Street Design Manual recommends an 11-foot minimum for bus lanes. Judge Orlando Marrazzo Jr. wrote that the agency had 'haphazardly disregarded its own research-backed guidelines' and that the lanes were 'too dangerous to justify [their] existence,' finding that the decision lacked a 'sound basis in reason and regard to the facts.'

The judge acknowledged that the DOT is obligated to follow laws, not guidelines, but held that failing to follow the guidelines breached its legal obligation to make decisions with a sound basis in reason.

DOT appeals immediately

The DOT immediately filed a notice of appeal, Streetsblog reported. The outlet noted that the agency's jurisdiction over the design of city streets has long been treated as sacrosanct and has never before been overruled in court, giving the agency reason for confidence on appeal.

Background to the dispute

The bus lane parking ban runs from Bay Street to Little Clove Road. The lawsuit was brought by Victory Boulevard resident Kevin Squires, who argued the plan would eliminate nearly 200 curbside parking spaces and cause direct adverse impacts for residents who rely on street parking, and questioned whether the DOT had carried out sufficient environmental review and public consultation.

The DOT has said the 16 bus lines travelling along Victory Boulevard to and from the Staten Island Ferry terminal in St. George run significantly slower than the city average, and that the plan eases parking restrictions on Forest Avenue to accommodate residents' parking needs. On July 3, the same judge issued a temporary injunction pausing implementation pending a hearing.

The ruling concerns the partly installed lanes; the appeal will decide the fate of the Victory Boulevard bus lane project.