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

  • Katherine Roberts

    I’m just pondering what Anderson actually accomplished by throwing himself in front of a moving train like that, besides forcing it to slow down a little. Hardly seems worth spending over 5 years on. Just think of all the positive things he could have done during that time, not that he would’ve. But still, it’s a puzzlement.

  • YES!!!!

  • Gary

    It’s about time! it’s something that never should have happened in first place.

  • How do you like them impacts?

  • “O frabjous day! Callooh! Callay!” He chortled in his joy.

  • Finally!

  • Mike

    Time for some High Life!

  • It’s great news! Rob, Rob, Rob, just how many millions did the city had to spend on fighting this when that money could have been used to help financially support some of the city programs that had to be cut? Will you reimburse the city for the cost?

  • It’s been a good week for San Francisco.

    We’re about to discover if building out the bike network will increase ridership and safety, and for those possibilities I’m grateful we can now move forward. Considering the ongoing experiments in traffic control and bike infrastructure, things look good over the long haul for San Franciscans on bicycles.

  • CityInsider

    Thanks to all of the city staff who worked so hard to get this done.

  • We can all celebrate (and gloat in the appropriate direction) by getting on our bicycles and riding all over this beautiful city of ours!

    What a wonderful week- Prop 8 overturned and no more injunction!!! Christmas has come early : )

  • robo

    The tragic part is that the city had to pay that reptile Mary Miles for all the “legal” work she did trying to undermine the bike plan. She and Rob now have to find a new revenue stream

  • Nick

    After 4 years there’s not much left to say to about it except: “Build it out.”

  • Alan from Berkeley

    One from the Busch is worth two from the ban.

    Here in Berkeley we’re still struggling to get just two downtown blocks (Milvia S of Univ.) added to our lane-separated network, so I’m almost jealous.

  • JD

    This is great news for once. I always thought that, when the injunction was inevitably lifted (how can encouraging cycling, even at a little expensive of cars, not be a net environmental benefit?), he would feel some guilt and move on and let it go. But no: he is just going to keep on fighting until the bitter end. It’s just such a shame to see that some people can’t move out of the past, especially when all the evidence (environmental destruction, massive obesity epidemic, loud cities, etc.) says that having more people out of their cars is a good thing.

    But in the meantime, I can’t wait to see the number of cyclists in SF rise even more than they have without any bicycle infrastructure improvements. Let the future begin!


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