Wednesday was the first day of formal court hearings in Brooklyn's Prospect Park West bike lane case (see our coverage here for more information). And as we reported, the judge adjourned the case for a month to give the group suing the city time to review the documents from a Freedom of Information Law request it made.
We are also looking at those documents. Here's the background:
Soon after Neighbors for Better Bike Lanes/Seniors for Safety (NBBL) filed a lawsuit earlier this year seeking the removal of the Prospect Park West bike lane, the group's attorney, Jim Walden, submitted a Freedom of Information Law (FOIL) request seeking all records AND /emails between New York City Council member Brad Lander and/or his staff and a group of known bike-lane supporters.
In a statement today, Walden said: “We are pleased that Justice Bunyan has given us adequate time to review the FOIL documents - all 691 pages of them – that Councilmember Lander provided the night before today’s hearing. We are confident that we will find even more evidence that will help our case, given the close relationship between Councilmember Lander, DOT, and bike lane lobbyists."
Lander also provided Transportation Nation with copies of the emails.
It's no secret that the Brooklyn councilman is a longtime supporter of the PPW bike lane. He's filed an amicus brief in support of the New York City Department of Transportation (the agency being sued over the lane's installation), and he held a rally outside a Brooklyn courthouse Wednesday morning, just before the hearing. And an initial read of hundreds of pages of email correspondence between Lander and others, including members of Brooklyn's Community Board 6 and various bike advocates, provides a glimpse into Lander's strategy to advocate for the lane: facilitate public displays of support for the lane, make the case that Prospect Park West is now safer for everyone, and keep hammering home the message that both the data -- and the majority of Park Slope residents -- support the lane.
Below, some excerpts of the correspondence.
Following a New York Times profile of embattled city DOT commissioner Janette Sadik-Khan, Lander moved to quickly mobilize support both at the grassroots level and in City Hall.
3/6/11 email from Brad Lander to Aaron Naparstek (founder of Streetsblog and bike lane advocate) and Paul Steely White (executive director of Transportation Alternatives, also a bike lane supporter):
"Yesterday’s article obviously makes it even more imperative that we (a) win the April CB6 vote on PPW by a large margin, and (b) get the pedestrian islands poured quickly. So we’re planning to treat the next 5 weeks like a mini-political campaign. Looking forward to working with you guys on this. I'm sharing this separately with a very small number of other mutual friends. Please keep it within this very tight circle, and be mindful of what it will look like in court. : - )"
3/7/11 email from Brad Lander to Howard Wolfson (NYC deputy mayor):
"There is very strong majority support for the PPW bike lane in Park Slope….We did an online survey (CM Levin*, CB6, and me), to which over 3,000 people responded. 70% of Park Slopers (including PPW residents, who were evenly split) favor keeping the lane. The calls, letters, emails, hearing & rally turnout, comments on the street, facebook pages, etc all run strongly (about 2 to 1) in favor of the lane. I know this may be different than in other neighborhoods around the city; but, well, it is Park Slope...Assuming that the Community Board votes in favor next month, I'm asking City Hall support DOT (and the community board, and the councilman, and majority sentiment in the neighborhood) on this one."
*NYC Council member Stephen Levin
When the bike lane isn’t plowed, no one is happy – not even bike lane opponents.
1/23/11 email from Aaron Naparstek to Brad Lander:
“I’ve been asking around trying to figure out who is responsible for the PPW bike lane not being plowed for the second time in the last few weeks. I assumed it was Steisel* talking to some old friends in Sanitation. Tupper** – very off the record – says Marty*** has insisted that the PPW bike lane be the last street in Brooklyn that gets plowed and, for some reason, Sanitation is complying. Apparently not even Norman is happy with this. Tupper first asked Steisel if the lack of plowing was his doing. He said that the lack of plowing has actually made it harder for him to access his car and he doesn’t like it either.”
*Norman Steisel, former Deputy Mayor, former Sanitation Commissioner and member of Neighbors for Better Bike Lanes
** probably Tupper Thomas, the former head of the Prospect Park Alliance
*** Marty Markowitz, Brooklyn Borough President
Even if a few parking spaces are returned, the bike lane still probably won’t please the borough president:
2/7/11 email from Brad Lander to David Woloch (deputy commissioner of external affairs for the NYC Department of Transportation):
“I’m waiting for a response from Carlo* on whether Boro Hall will take part in my ‘let’s find a few parking space’ exercise. I was clear with him that the goal is to have it included in the CB6 resolution in favor of pouring concrete, but that Marty would of course be free to fulminate against the lanes until the end of time (or his term, whichever comes first).”
* probably Carlo Scissura, Marty Markowitz's chief of staff
About that survey: bike lane opponents were concerned about who would participate.
10/18/10 email from Lois Carswell (member of Neighbors for Better Bike Lanes) to Craig Hammerman (district manager of Brooklyn's Community Board 6); cc: Brad Lander
“But the larger concern is that anyone, anywhere can participate and receive consideration. The bike lobby is extremely well financed and organized. At the push of a button they can elicit hundreds if not thousands of responses from people who have never – and will never – cross the Brooklyn Bridge. This is something that is basically impossible to check. It is one thing to say that park users who do not like in Park Slope deserve to be heard, but to allow well organized bikers from anywhere in the city who have no intention of ever casting their eyes on Prospect Park West to influence the survey’s outcome is just plain wrong. None of these people have to live with the dangerous, congested conditions and the defacement of a magnificent boulevard that installation of the bike lane has caused. Responses of Park Slope residents—especially those in the Prospect Park West corridor—should be heavily weighted. The others should be heavily discounted, even though they might support the overarching agenda of a bureaucracy which does not have to live with the consequences of its actions.”
Sometimes Lander wanted to keep the more vocal bike lane supporters out of the spotlight:
3/8/11 email from Brad Lander to Aaron Naparstek and Paul Steely White (leading up to a press conference on the steps of City Hall):
“Can I make a somewhat sensitive request: For today, I think, it would be better to minimize the ‘radical bike extremists’ part of this story…so while it would indeed be great to have a few people at the presser, I’d like to keep the speaking to Park Slope leaders who have not already been tagged in this light…and I also think it makes sense (though I recognize this will read like a megalomaniac politician) to try to have people who reach out to TA*, Aaron, Streetsblog instead talk to me, Michael Cairl**, etc. (Sorry! I hope you know this is for the cause.”)
* Transportation Alternatives
** Michael Cairl is the president of the Park Slope Civic Council
Lander felt that opponents weren't just reacting to the bike lanes.
12/12/10 email from Brad Lander to Aaron Naparstek:
“On the one hand, there is a strong outer borough populist strain, which is what I think is strongest in the opposition, and lumps bikes, Bloomberg, Park Slope/UWS*, congestion pricing all in one big lump. SO it doesn’t help us much with this crowd that there is support in Park Slope for PPW. (And this is why I think it is hard to make Marty feel any pain on this: for him, culturally, this is an extension of the Atlantic Yards debate.)”
* Upper West Side of Manhattan
1/22/11 email from Brad Lander to Aaron Naparstek:
“Backlash is definitely more organic than that. Jimmy Oddo & Eric Ulrich & Lew Fidler & Dov Hikind & Jimmy Vacca* are all acting on their own here, none influenced by PPW. I think CQ** is very unlikely to get involved. It’s not only the physical manifestation of Bloomberg (though it is very much that), but it also links the things they hate about Bloomberg with the things they hate about Park/Slope/Upper West Side/liberals.”
* all are members of the New York City Council
** Christine Quinn, the Council speaker
It's not easy being one of the only elected officials who vocally supports the bike lane.
Despite his position as a bike lane standard bearer, at one point Lander seemed to be a bit piqued when he felt Transportation Alternatives had misrepresented his position on the bike lane as being lukewarm -- as shown in this 7/15/10 email from Brad Lander to Paul Steely White:
"We're very glad to get the pro-bike calls on the bike lanes, so that we will be able to report accurately that the calls are running strongly in favor of the bike lanes. But I wouldn't mind also getting a bit of credit with the TA crowd for being the only elected official who's been willing to stand up in support of this. Yes, I've tried to cover my flank a bit by asking for the data from the study period, and have tried to engage the NIMFY's* in an open spirit...but in every communication I've been straightforward about my support...so I certainly have not been winning any love from them! And as the only elected official I know of who's been willing to clearly express support...I'm taking plenty of their fire."
* Not In My Front Yard
And remember: other eyes may be reading.
3/9/11 email from Brad Lander to Eric McClure (founder of Park Slope Neighbors and a bike lane supporter), Aaron Naparstek, Benjamin Fried (editor of Streetsblog), Paul Steely White, Michael Freedman-Schnapp and Rachel Goodman (latter two are staffers in Lander's office):
"One thing it made us fairly certain of: this email chain will be subpoenaed!"
3/11/11 email from Brad Lander to Paul Steely White:
"I'm optimistic, but not taking anything for granted. I've been talking with CB6 (and transportation committee members, and will keep doing so, over the next week until the committee vote, and over the next month until the CB6 vote...NBBL may, of course, also reach out to CB6 members, but I think all are very clear that the 'alternative' is no 'compromise' but in fact the elimination of the bike lane. We are working with CB6 on the 'find a few more parking spots' plan, which I think (rightly) has a much better chance of being seen as an appropriate additional modification to address some of the PPW resident concerns....
PS: Hello Jim Walden!”