[QUEENS, NY] – August 8, 2025 – Today, the 31st Street Business Association, which represents 54 small businesses and individuals in Astoria, filed a lawsuit against the New York City Department of Transportation (DOT) over its plan to install protected bike lanes along 31st Street, a critical commercial corridor that runs beneath the elevated N/W subway tracks.
The suit, filed in the Supreme Court of the State of New York, seeks to halt the construction of the protected bike lanes along with its associated major redesign of 31st Street, and alleges that DOT has engaged in “arbitrary and capricious conduct,” shown “flagrant disregard of existing fire codes and mandates,” and acted with a “callous disregard for the rights of pedestrians, commuters, and business owners.” It also asserts “intentional interference with businesses” and violations of the Equal Protection Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution.
The suit’s plaintiffs argue that the DOT’s current reconfiguration plan would devastate local commerce and compromise public safety. Zeljan Ugarkovic, owner of Adriatic Plumbing, warns, “The DOT plan for 31st Street will undoubtedly displace my business, the 75 employees that work for me, and my neighboring businesses.”
Giorgios and Kostas Tsampas, owners of King Souvlaki—a neighborhood staple for decades—echoed that concern. “The DOT plan for 31st Street will uproot us and force us out of the location that is home to our American Dream.” Decrying DOT’s treatment of the Astoria community, they added, “We’ve been vilified just for speaking out against this plan.”
The lawsuit follows months of what community members call “bad-faith outreach” by DOT. Since April 2025, local businesses and residents have proposed safer, more viable alternatives that would protect public safety, pedestrians, and businesses. Instead of engaging in good-faith dialogue, DOT responded by distributing a pre-written form letter for stakeholders to sign that limited feedback to minor adjustments that DOT would consider. When 54 businesses submitted their own detailed letter that laid out their specific concerns, DOT ignored it and did not reply until July 31st, nearly two months after it was sent on June 5th—well after the plan was finalized.
Time and again, residents have been shut out of DOT’s process, including at a June 17th Community Board meeting where public comment was limited to just 10 minutes, and no vote was taken on the plan. To date, over 4,400 individuals have signed a petition opposing the plan, yet their concerns have gone unanswered.
The lawsuit raises serious safety and accessibility concerns. The proposed protected bike lanes would run beneath the elevated subway line, introducing a steady stream of bicycles, mopeds, and other electric “micromobility” conveyances into already congested areas—including by a school, a planned 13-floor senior center, and through intersections heavily trafficked by pedestrians. The plan includes no new provisions to enforce regulation of this new bike lane traffic, in spite of the many accidents caused throughout the city by cyclists failing to heed traffic markings and signals. Further, cyclists will be obscured by subway pillars, particularly near station entrances and loading zones, creating dangerous blind spots and increasing the risk of collisions.
The suit also notes that DOT's plan is not ADA-compliant. Plaintiff Chris Markoulis, who cares for his 85-year-old father, said, “It is staggering to me that this plan does not have any provisions for people with disabilities, and lacks ADA compliance, even though DOT calls it a ‘Safety and Accessibility Improvements Plan.’” Markoulis notes that the way the new bike lanes are designed “will make it virtually impossible to transport my father to medical appointments.”
Of additional concern to the community is that DOT’s plan does not appear to be in compliance with New York City law. DOT has failed to meaningfully engage with local firehouses regarding its 31st Street plan in spite of City Council Local Law 0104-2024, which requires the agency to consult with FDNY and record their feedback before approving bike lane and major street projects. Indeed, the union representing NYC’s 8,500 firefighters has voiced strong concerns about the 31st Street Project, warning it would force fire trucks to navigate around steel beams, narrowed lane spaces, and curbside obstructions just to reach emergencies—all to make room for bike lanes. But DOT has shown no interest in listening to FDNY or complying with the law.
After months of stonewalling and exclusion from the decision-making process, the plaintiffs say legal action is the only path forward to protect local businesses and public safety.
Contact:
press.31streetba@gmail.com