![\"Students](\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/03\/1773681728_486_image.png\" "\\"Lawsuit")
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Courtesy of Open Plans and Transportation Alternatives.<\/p>\n
Disability advocates cleared a legal hurdle in a lawsuit against the City of New York<\/a> that claims the ongoing COVID-era Open Streets program<\/a> violates the Americans with Disabilities Act (ADA).<\/p>\n Federal Judge Eric Komitee ruled in favor of the plaintiffs, a group called NYC Access for All<\/a>, on March 10, after hearing oral arguments from both sides in October 2025. The decision means the case will proceed accordingly against the city.\u00a0<\/p>\n \u201cThe motion to dismiss the claims against the city is denied,\u201d the judge\u2019s March 10 memo read.\u00a0\n<\/p>\n Matthew Berman, an attorney for the plaintiffs, welcomed the decision.\u00a0\n<\/p>\n \u201cIt\u2019s obviously a positive ruling because the case is not dismissed and it gets to a court,\u201d Berman said. \u201cMost of the facts are not in dispute on what the program is\u2014its hours of operation, the fact that it has various traffic-calming measures. Things like bike lanes, barricades. I don\u2019t think there\u2019s any real dispute that the city closes these streets.\u201d<\/p>\n This marks a significant step in the lawsuit, which was filed in the U.S. District Court for the Eastern District of New York, also known as the Brooklyn Federal Court, on April 24, 2023.<\/p>\n The plaintiffs in the case are disabled individuals who live on or near affected streets open to local traffic. They claim that they do not have access to the streets because the city puts in place heavy physical barriers that the plaintiffs can not move. They also say paratransit and rideshare vehicles cannot enter streets closed for the program.\u00a0<\/p>\n Open Streets \u2019empowers communities,\u2019 city says<\/p>\n Some New Yorkers have called the program, which launched in 2020 during the COVID-19 pandemic as a way for locked-down New Yorkers to enjoy open-air space, \u201cableist, ageist and elitist.\u201d The key reason? The city uses barriers and other heavy steel barricades that people with mobility issues cannot lift or operate to enter the open-space area.<\/p>\n Berman explained that many of his clients have trouble accessing paratransit and rideshare vehicles that cannot drive through a closed street. Generally, rideshare employers do not permit drivers to leave their vehicles, even if they have to get out to move a barrier. Disabled customers are often forced to meet paratransit and rideshare vehicles on the corners of open streets.\u00a0<\/p>\n