By Howard Manly

Newsday, September 1, 1987
 

An hour before police were prepared to enfore the midtown bike banyesterday,an appellate judge temporarily prohibited police from issuing $45 summonsesto violators of the ban.

The judge upheld a lower court ruling and said the ban could not takeeffect until Sept. 8, when an appellate panel is scheduled to hear thecity's appeal of a temporary restraining order halting enforcement.

"It's a big victory for bicyclists," said Stuart Ruskin, an attorneyrepresenting the Association of Messenger Services Inc., one of two groupsthat filed suit against Mayor Edward I. Koch's ban.

Despite yesterday's setback, Koch said through a spokesman that thecity "is going to go forward legally" with the ban.

"I believe the ban is legal as is and if there are any imperfections,then we will cure the imperfections," Koch said yesterday.

The ban prohibits bicyclists from using Park, Fifth and Madison Avenuesbetween 31st and 59th Streets on weekdays from 10 a.m. to 4 p.m.

On Sept. 9, State Supreme Court Justice Edward Lehner is scheduled todecide on the legality of the ban itself after hearing arguments on twoseparate but related suits filed by the messenger companies and a groupof recreational and commuting bicyclists.

The suits claim that Koch failed to get public input before implementinga city regulation, neglected to consider the environmental impact of discouragingbicycle use and violated existing laws that allow bicyclists free passageon public streets.

Lehner issued last Friday a temporary restraining order against thecity, preventing police from issuing tickets. The city immediately appealed,which automatically suspended Judge Lehner's decision.

But yesterday at 11 a.m., an hour before police prepared to enforcethe ban, state Appeals Court Justice Leonard Sandler ruled to uphold thelower court ruling.

Though a full five-justice appellate court bench is scheduled to reviewthe city's appeal of the lower court ruling on Sept. 8, city attorneyssaid they would wait until the next day to make their arguments about thelegality of the ban before Judge Lehner.

Many critics of Koch's bike ban say that it is a symbol of the city'smisguided attempt to discourage bicycle use at a time when city officialsare scrambling for ways to meet federal air quality standards.

When Koch returned from China in 1980, he said he wanted city streetsto resemble those in Peking   -   with a million bicyclists.

"We'd like to see New York City look like Peking in the mornings. Thereare over 1 million bicycles used there," Koch said in 1980 during the transitstrike.

Further, critics say Koch still does not have a workable plan for safe,peaceful coexistence among the millions of pedestrians, bicyclists andmotorists that use city streets.

Though an estimated 60,000 people use bicycles everyday in Manhattan,from messengers to commuters, city streets border on anarchy, with dartingbicycle messengers here and there, aggressive cabdrivers speeding for faresand jaywalking pedestrians seemingly oblivious to the wilderness surroundingthem.

"It's horrors and chaos,"said Betty Dewing, chairwomen of PedestrianFirst, which organized a rally of about a dozen ban supporters yesterdayat 34th and Madison Streets.

Critics and supporters agree that the ban was flawed.

"The ban is totally irrational," said Ruskin. "You don't solve a problemof overcrowding by putting more people in less space."

Meanwhile, bicycle messengers say that police are issuing tickets forall sorts of infractions and spending 20 minutes lecturing them on publicsafety.

Nancy Cooper, owner of Creative carriers, Inc. said that one of herbicyclists was issued a ticket shortly after noon for riding without areflector.

Another one of her messengers was issued a ticket for wearing his licenseplate in the wrong place. Instead of on his shoulder bag, the messengerhad the plate in the spoke of his wheels, Cooper said.

"It's certainly not harassment but it is stricter enforcement," Coopersaid. "That is okay, but it is happening all of a sudden. The police musthave a quota or something because now they are looking for things."

As a result of the China trip, Koch spent $290,000 in 1980 to buildconcrete and asphalt bike lanes. That plan failed. The lanes became trashalleys, filled with broken bottles and debris. Koch spent another $100,000and ripped up the barriers 29 days later.

Koch said through a spokesman that he tried to build separated bikelanes to the liking of the bicyclists, "but they decided not to use themso it was a total failure."