Queens judge green-lights Flushing busway

/
Judge Kevin Kerrigan said he was skeptical of the Flushing Main Street busway plan but determined that the DOT has authority over bus routes and traffic patterns in New York City. AP Photo/Frank Franklin II

Judge Kevin Kerrigan said he was skeptical of the Flushing Main Street busway plan but determined that the DOT has authority over bus routes and traffic patterns in New York City. AP Photo/Frank Franklin II

By David Brand

The New York City Department of Transportation got the green light to turn a stretch of Main Street in Flushing into a bus-only route, when a Queens judge ruled against a group of business owners suing to block the project Tuesday.

In his decision, Judge Kevin Kerrigan said he was skeptical of the plan but determined that the DOT has authority over bus routes and traffic patterns in New York City.

“This court does not venture to say that the plan is a good one. However, this Court’s skepticism in this regard is irrelevant,” Kerrigan wrote. “This Court may not invade the province of the Commissioner of DOT and substitute its own judgment and opinion in place of that of the agency.

Kerrigan’s ruling mirrors similar decisions by judges who sided with the city on busway projects, while noting their personal misgivings.  

In a statement, Mayor Bill de Blasio said the decision was “a victory for everyone who believes that mass transit is the future of this city and the engine of our economic recovery.”

MTA Bus Co. President Craig Cipriano also praised the ruling.

“This is great news for people working in and traveling to and from downtown Flushing,” Cipriano said. “We look forward to operating a more efficient and reliable service in this part of Queens once this busway is in place, and everywhere as more busways are installed across the city.”

The ruling comes six weeks after Kerrigan issued a temporary restraining order in November that stopped DOT work crews from preparing the busway along a 0.3-mile stretch of Main Street. Under the plan, announced by Mayor Bill de Blasio in June, cars will be banned from traveling the length of Main Street between Northern Boulevard and Sanford Avenue. Vehicles that turn onto Main Street will be permitted to travel one block before making the first available turn.

With the restraining order lifted, the city can immediately resume work on the project. 

That may make an appeal more challenging for the plaintiffs who sued to stop the project. By the time an appellate judge hears the case, the project may be up and running.

The plaintiffs — including the owners of the New World Food Court, Flushing OB/GYN and various local restaurants — are considering their options, said attorney Randall Eng, a former administrative judge in Brooklyn federal court.

“We’re reviewing it and speaking to our client about the next move,” Eng said. “As you can see in Judge Kerrigan’s order, he declined to issue a preliminary injunction and vacated the temporary restraining order, but the article 78 has not been determined.” 

The business owners said the busway will hurt local stores and restaurants by discouraging people from driving to visit the area. 

But city data, cited by Kerrigan in his decision, determined that just 18 percent of visitors travel to Flushing Main Street. The rest visit by bus, bike or walking, according to the DOT.

Supporters of the Flushing busway say the project will benefit businesses as well as tens of thousands of commuters who rely on buses that course routes along Main Street.

“Today's decision is a huge victory for 150,000 bus riders across Queens and the Bronx,” said Riders Alliance spokesperson Danny Pearlstein. “Citywide, judges have now ruled decisively that when riders win well-deserved priority on busy streets, opponents can't sue and get their way.”