20 Plaintiffs File Lawsuit vs City of Cambridge 08/04/2022
Cambridge Residents & Small Businesses File Lawsuit vs City of Cambridge Bike Lanes
The new case focuses that the City Council lacked the authority to pass its Cycling Safety Ordinance in 2019 and an amendment the next year setting a timeline for bike lane installation, and the city’s traffic director also lacks authority. Instead, the city should follow Chapter 455 of the Acts of 1961 and have a traffic board make decisions, the filing says.
Cambridge Streets for All filed a Lawsuit
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Cambridge Residents & Small Businesses File Lawsuit versus City of Cambridge Over Removal of Parking
Cambridge Streets for All (CSA), a group of Cambridge Residents and Businesses was formed due to their concern for the impact of the design and process of the Cycling Safety Ordinance. Recognizing that traditional advocacy is not working, CSA has filed a lawsuit against the City of Cambridge on June 10, 2022. Along with the lawsuit, about 30 affidavits from businesses and residents who have been harmed were also filed.
Cambridge Streets for All is seeking relief from the court system to stop the redesign of 26 miles of our city streets from continuing until the validity of the Cycling Safety Ordinance is examined, and all stakeholders are heard. This action is not against bike safety but against a process that excluded residents and businesses, lacked balance and thoughtful analysis upfront about impacts and was done during the pandemic.
Lawsuit Time Line:
Thursday 06/23/22: At the bike-lane lawsuit initial hearing , with Middlesex County Superior Court judge John Pappas granting the sides until the end of business on Monday 06/27/22, to submit more information.
For further details read about the hearing Marc Levy’s Cambridge Day article
July 1, 2022 Needs of Cambridge Residents and Small Businesses Ignored Again - Court Denies Temporary Restraining Order Against City of Cambridge Bike Project CSA Proceeds to Appeal the Decision Press Release
Friday, July 15 Cambridge Streets for All appealed the denial of the preliminary injunction to block more bicycle lanes (and remove the current ones) on Tuesday July 19 The Appeals Court judge denied the appeal. Basically the Appeals Court defers to the judgement of the trial court, since the trial court had heard all the testimony and had seen all the evidence:
"[T]he petitioner has failed to show that the judge committed an error of law or otherwise abused his discretion in denying the motion..."
"In most cases, based on the deference normally accorded determinations by the judge who heard the matter in the first instance, the single justice will decline to act on an application for relief under G.L. c. 231, § 118, first par., that does not disclose clear error of law or abuse of discretion."
August 2022: CSA appeals decision of Superior court to the Appellate court and continues with the lawsuit
Cambridge Streets for All is accepting donations to help fund their lawsuit : Donate Here