Department of Transportation fighting busway lawsuit

Select Bus Service launched for the M14A/D at the beginning of this month, despite the lack of a busway. (Photo by Sabina Mollot)

By Maria Rocha-Buschel

The Department of Transportation was once again unsuccessful last week in convincing a judge to lift a court order preventing the start of a new busway on 14th Street. West Village resident and attorney Arthur Schwartz filed a temporary restraining order (TRO) against the plan to prioritize trucks and transit on the corridor, arguing that banning private traffic would cause overwhelming congestion on the nearby side streets, and a judge blocked implementation of the plan just three days before it was supposed to go into effect.

The DOT was scheduled to appear in court on August 6 but the agency instead went back before a judge on July 2, asking that the court vacate the TRO. Schwartz said that the judge reviewing the application last week wouldn’t take the argument because approving the plan “opened up the possibility of a ping pong effect at great expense to the city and confusion to the public” in the event that the TRO was reinstated and vacated repeatedly, or if the injunction was reinstated at the August 6 appearance.

Schwartz said that Judge Gishe, the Appellate Division judge who wouldn’t vacate the TRO last week, read the papers over but argued that since DOT had identified 14th Street as a street needing SBS in 2011, the situation wasn’t an emergency.

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