The Day Has Come: Judge Busch Lifts San Francisco’s Bike Injunction!
After four long years, a San Francisco judge this afternoon lifted the city's longstanding bicycle injunction, overruling the objections of Rob Anderson and his attorney, Mary Miles. Here's the ruling (PDF), and here's the press release from City Attorney Dennis Herrera:
San Francisco Superior Court Judge Peter J. Busch issued an order late this afternoon finding San Francisco in compliance with the California Environmental Quality Act, or CEQA, in seeking to implement its Bicycle Plan citywide. The ruling effectively dissolves an injunction that continued to prohibit City engineers from moving forward on some planned bicycle route improvements intended to enhance the safety and usability of streets for bicyclists. A previous order from Nov. 2009 lifted significant portions of the original 2006 injunction, but left limited restrictions intact while the adequacy of environmental review for certain projects was adjudicated.
"I am very gratified by the ruling from Judge Busch, who carefully considered an enormous amount of evidence in this case, and found that the City met its environmental review requirements," said City Attorney Dennis Herrera. "Today's decision clears an important hurdle toward making San Francisco safer for bicyclists, and healthier for all of us. I am very thankful to the many dedicated public servants involved in this policy initiative and meeting the stringent legal requirements to fulfill it, including Mayor Gavin Newsom and the Board of Supervisors, the Municipal Transportation Agency, and the Planning Department."
The case is: Coalition for Adequate Review et al. v. City and County of San Francisco, San Francisco Superior Court No. 505-509, filed July 28, 2005. A copy of the order is available on the City Attorney's Web site at http://www.sficityattorney.