Violent Bike Lane Battle Spreads to Staten Island

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Cyclists wait for the Staten Island ferry. (The Impression That I Get's Flickr)
A Staten Island driver is due in court at the end of the month to face assault charges after a road rage incident with a cyclist. Unlike Fox News staffer Don Broderick, whom the Manhattan DA let off the hook despite allegations that he drove with a cyclist clinging to his hood, 27-year-old Michael Graziuso was taken away in handcuffs after this altercation, which took place at a busy Staten Island intersection on the morning of July 8th. The confrontation was sparked after cyclist Gregory DeRespino, 48, stopped in the bike lane at a red light at Capodanno Boulevard and Seaview Avenue, making it difficult for several cars lined up behind him to make a right turn.

According to the Staten Island Advance, when traffic is backed up at the light, drivers commonly move into the bike lane to make a right turn on red, which is permitted at the intersection. But on this particular morning, DeRespino wasn't having it, and decided to defend the bike lane from vehicular encroachment. He says, "The motorists who wanted to use my bike lane as a turning lane were very upset." And when they started honking at him, he decided to stay there an extra turn of the light "because I was frustrated and fuming... I was trying to calm myself and have a drink on a hot day."

Graziuso, who was one of the drivers angry that a cyclist wouldn't move out of the bike lane, was also frustrated. After driving by, he parked and returned on foot. DeRespino says Graziuso grabbed his bike from behind as he was sitting on it, "dragged me from that position," and pushed him off. "He gave me a kick for good measure, then walked away." But Graziuso insists he only got out of his car to remedy the matter by pulling the bike out of the street, and DeRespino had gotten off the bike when he approached: "He was not attacked. I pulled his bike up to the sidewalk. The guy was never touched. He wasn't on the bike. He was near the bike."

Graziuso's lawyer, Jonathan Ginsberg, tells the Advance the confrontation is a "manufactured event," and thinks DeRespino just wants to cash in as a poster boy for cycling advocacy: "I seriously question whether or not the complainant is trying to set up a civil suit for damages." And DeRespino concedes, "In hindsight, it was my mistake to stay as long as I did. It never crossed my mind that someone would come back to me. Now, it's the paramount thought."

Regardless of whether cycling advocacy is DeRespino's intent, the incident has had an impact already; last Thursday cops cracked down on motorists who drive through the bike lane to approach the intersection, issuing five tickets to offenders. And now local officials have fired off a letter to DOT Commissioner Janette Sadik-Khan and Police Commissioner Ray Kelly calling for a better effort to educate drivers and cyclists on road rules.

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Comments (46) [rss]

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A 27 year old beat up a 48 year old? No respect.

"My bike lane..."?

Self entitled piece of crap.

Are cyclists allowed to "stand" in a bike lane or should he have moved to the sidewalk?

The light turning green still didn't turn the bike lane into a turning lane... but I'd like to know if the cyclist was obliged to move on once the light changed.

Educate cyclists on road rules? For whatever reason? All that matter is that drivers stop driving, but when they do, yield to cyclists and pedestrians at all costs.

Leave the cyclists alone to do whatever they please, within the law or not.

- TransAlt

And this kind of comment is precisely why so many people feel so hostile towards cyclists.

That's not surprising, as it was made (satirically) by a person who is hostile to cyclists (or at least to TA).

Since this post will probably get a lot of comments from cyclists, I'd like to know the answer to this semi-related problem:

What's the etiquette for parallel parking in a spot next to a bike lane?

A couple of weeks ago I was about to back into a spot, but I saw a cyclist coming my way from behind. I waved to him to continue and was waiting for him to pass before backing in (rather than going into reverse and HITTING him) but as he passed, he was shouting obscenities at me. What should I have done?

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You did the right thing. You should have told him to go f*ck off. If you're not willing to be flexible then one should NEVER ride a bike in the city.

Turn on your turn signal to indicate what you're doing. A cyclist just wants to know what's up with your car, and the more information the better.

whoops, that shoulda been for dwarbi's "how to parallel park" query.

I should have noted that I did indeed turn my turning signal on. (I'm a bit pedantic about signaling... and not passing on the right... and not speeding)

Did you have your turn signal on to show that you were about to take the spot?

As the cyclist passes, you're supposed to frantically apologize for owning a car bought with your hard earned money. Next time, the best way to avoid conflict is to move to Kansas.

as a cyclist and a driver, i agree with the guy that said he just wanted to know what you were doing. if your turn signal was on, i think you were in the right. kudos.

it sounds like you took all the precautions to be safe and courteous. as an occasional driver, i always try to be mindful of when i am crossing a bike lane, even in the forward direction.

i'm not sure what the laws state with regard to who has the right-of-way in this particular situation. are these things written anywhere?

Another cyclist thinking they own the city. How about be a decent person and if there is a line of cars waiting to turn, "which is permitted" move to the side. He was just sitting there to be a jerk.

You know what? If they hadn't been in the bike lane in the first place they wouldn't have been stuck behind them. I pull this move all the time - I pull up ahead of cars that are in the bike lane on my bike. I don't, however, stand there for an excessive period of time, although I'd say I'd be well within my rights to do so. No one bats an eye, and if they honked at me because they felt I wasn't moving fast enough I would then likely stop, turn around, and glare (or give them the "big hand."

Hey, you can stand double-parked in a car in most places blocking traffic somewhat, so why can't a bike in a bike lane?

You can't block traffic being doubled parked, you would get a tickey. If I stood as a pedestrian in your holy bike land blocking you for an extend period of time is that ok?

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I agree, and I do the same thing (i.e. go around cars waiting in the bike lane). However, I *never* would've stayed in the lane blocking traffic for an extra light cycle. That was a douche move on his part (although it doesn't warrant the dude coming back to beat him up).

the "which is permitted" is referring to turning right on red, not lining up in the bike lane. it's a BIKE lane not a "bike lane and also a car lane when cars don't want to deal with traffic lane".

I'm almost always on the side of the bicycle, but waiting for another turn of the light is asking for it.

From one cyclist to another: the cyclist was being such a dick.

I bike and I drive.

The cyclist was not just a dick. He was also a douche. Seriously, he stayed another turn of the light?!?!? Just to prove what? C'mon dude, let them go on their merry way.

By slowing down traffic you are causing a more dangerous roadway. Same goes for abnormally slow drivers or people who think they can walk and text at the same time. You slow things down. You gum up the works.

If you're older than 10 years old and you still ride a bike, you're already both a dick and a douche.

He stayed another turn of the light? Oh, I didn't see that. Then he was a dick. But the drivers should not have honked him to begin with. They were wrong. I don't bike. I'm a driver primarily. But I don't understand where other drivers get an entitlement mentality. Local officials are wrong that it takes education. It's just takes a knowledge of right and wrong. You don't drive on a bike lane. How hard is that? Are these drivers fucking stupid? There's an intersection at Van Dam Street and Borden Avenue in Long Island City. The right lane permits a right on red. But you also have an option of going straight. Most drivers in that lane have just come off the LIE and are on their way to the 59th Street Bridge. God forbid you should be in that lane and choose to go straight on it, thereby waiting for the light, while someone else behind you wants to turn and you will get honked mercilessly. I guess a lot of people conveniently ignore the fact of the optional arrow painted on the street. Some people are just ignorant, rude or thuggish, no matter what you do. Put 'em in a car, put 'em on a bike, don't matter. Doesn't take driver education, just a knowledge of right and wrong.

What is it about cars that turn people into violent psychopaths?

I am a cyclist, the kind who is very big on asserting my rights on the road and cursing out drivers who even seem to be thinking about encroaching on them. That said; this cyclist is a dick, and for the first time ever in the history of reading about such incidents I believe that car guy that the cyclist wasn't actually on the bike when he grabbed it. I imagine there are witnesses.

The city streets are Darwinian - if it weren't for stop lights and crosswalks, pedestrians wouldn't have a chance. As such, pedestrian-favoring infrastructure and respect for that infrastructure has been established, enforced and socially accepted for the most part. The bicycle - as old as it is - is a relative newcomer to this ecosystem. To accommodate cyclists, there has been little infrastructure built. Enforcement of regulations for AND against cyclists is feeble. Most of all, societal acceptance of bicycles is practically non-existent. In the resulting hostile ecosystem for cyclists, only the strong survive - unfortunately, this means the aggressive bicycle rider. For if a cyclist plays by the rules and no one else does, the outcomes usually are not so good for the cyclist.

One can look to Beijing when the bicycle was the dominant form of transportation. With strict (some would say draconian) enforcement of road rules, commuters all managed to co-exist. Until NYC has the three elements - infrastructure (i.e., bike lanes), enforcement (i.e., ticketing of double-parked vehicles and stop-light-running cyclists) and acceptance of the cyclist (i.e., pedestrians staying on the sidewalk till they have the light) - the streets will continue to be a jungle.

My two cents as a walker, cyclist and motorist.

So that bike lane is legally to be shared by drivers and cyclists. The tiny tool endowed fkctard sees cars lined up behind him and for spite decides to wait another switch of the light and demonstratively have a drink of water. He is lucky he only got his bike moved to the sidewalk. The driver (whose patience and composure I admire - in his shoes I would have showed the bike up the cyclist behind) should sue the city and the cyclist for defamation.

nope, they're ticketing drivers for being in that bike lane now. it's not allowed, and the article discussing this was poorly worded to that effect.. what IS allowed is turning right on red at that intersection. from the farthest right car lane. not the bike lane.

Wow, this happened on staten Island? Hard to believe he didn't get stabbed in the face and urinated on. That's what I would do, just sayin.

First: The Bicycle Lane is first and foremost for cyclists. Period. I think that what I read is that the cyclist was at a red light in the bicycle lane waiting for a green light so he could continue on his trip. Motorists who wrongfully believe they are entitled to that lane to make right turns on a red light regardless of cyclists right to use that lane, harassed the cyclist for not getting out of their way. Yes, the cyclist decided to make a point and hang out for another light, and yes, it made motorists upset. But the key point here is that the BICYCLE Lane is for bicycles first. Arguing this point is just plain idiocy. And their is NO justification here for a physical altercation. NONE. That motorist moved ahead, parked, and came back to violate someone else's space and property..? Come on now...

This sounds a lot like motorists who honk at pedestrians in crosswalks- even though the walk sign is on! Chill! Read the driver's handbook: PEDESTRIANS HAVE THE RIGHT OF WAY, period, end of story, doesn't matter what you want it to be, you need to stop and wait.

Drivers if you would cycle or use more public transpo, you'd be less stressed about traffic, have more money in your pocket because you wouldnt be spending it on high proced fuel, parking, parking tickets, tolls, come up against other cornhole drivers...you'd be able to read a book, or meet a hot potential date...

The cyclist took action and brought attention to a real problem.

I commute by bike M-F. The cyclist brought attention to what a dickweed he is.

So if "the bicycle lane is for bikes first;" then the rest of the road must be for cars first? I'll take that deal!

Wait, I thought the guy was just stopped there in the bike lane, cars could still turn in the normal lane could they not? If so then it shouldn't really matter that he stayed there because they weren't supposed to be trying to turn from the bike lane anyway.

I think some of the people posting violent fantasies here about abusing bicyclists should be aware that not all who ride bicycles are skinny students or tree-hugging hippies. Some of them are violent psychopaths. And because they ride, they're probably in better shape than you are. I strongly suggest leaving them alone. Don't blow your horn, don't shout obscenities, don't flip them the bird. Just leave them alone and go your way.

obviously not the case in this situation.

It's illegal for cars to use the bike lane, for any reason. That includes "just stopping real quick", "dropping my sick grandmother off at the doctor" or "just making a right on red". End of story, that's the law.

Plus, you're only allowed to turn right on red when the situation allows. If a cyclist is in your way, then the situation doesn't allow it. You have to wait for the light to change.

The driver parked and came back to pick a fight, that's a crime. He should have just screamed "Fuck You" out the window and kept driving like a real New Yorker.

seperated bike lanes.


A little paint on the road is just lip service.

By law, cyclists have the rights and responsibilities of a driver. We cyclists have the right to use a full lane. When there are bike lanes, we have the full right to them. We do not have to move. Many, many times, when I have been riding in the center of a I have had angry taxis and vans wanting to shove me to the side -- hard against parked cars, anyone of which could -- without warning -- door me to kingdom come. (And almost have.)
Having said that, I would not have blocked a row of honking cars trying to turn. I would not have moved to the sidewalk - I have a right to the bike lane, that's what it's there for -- but I would have moved to the side to let them pass. The cyclist was in the right but it's dangerous to piss off drivers. They become unjustifiably enraged but who wants the hassle?

Here is what happenned in a similar situation I faced some years ago:

Picture a street going north, crossing an east-west commuter train line (the detail is important) and butting into a east-west street. The time: when the nearby school just finished, and the streets are full of schoolkids, many of them going to the station to take their train home.

So I want to turn west, so I am on the left of the lane, waiting for the light. Comes a big honkin’ pickup truck turning south, taking all the room, and of course, I am in “his” way.

— You have no fucking business the road, you fucking biker, I hear, coming from the piehole of the asshjerk driving the truck.

Of course, that was the proper way to insure that I would not move at all. Why would I? The red was light and there was that big honkin’ truck in the way.

After about 2 minutes of yelling, he starts to manoeuver to avoid me. Meanwhile the light turns green, and when it turns red again, he’s still not finished.

He eventually manages to head south; as the light turns green, I leave, but I notice that the crossing gates go down. So the asshole will be trapped by the train.

So I turn around, catch up with him, and as I start to give him shit, I notice a little boy on the seat.

— Ohh, that’s nice! You’re teaching your kid how to be an asshole!

He starts to yell at me again that I should get off the road; this gets the interest of the kids rushing to the station for their train… Before long, there’s about 50 kids yelling “asshole! asshole! asshole!” while their train take it’s sweet fucking time pulling into the station.

The back of the train clears the crossing, and a train going the other direction arrives at the station, so the gates stay down.

As I leave, the jerk decides to drive around the lowered crossing gates, only to fall in the hands of the railroad cop who was waiting on the other side of the tracks for precisely such an occation to give a $500 ticket to the asshole (maybe I should have asked the railroad for a commission)…

To him, it only cost him $500, but for me, it was priceless!!!

You realize that you only get one of these in your lifetime, but pretty fucking sweet!

I commute by bike and cycle everywhere.

Last year I parked my bike right on the bike lane at 20th Street and 1st Ave. Manhattan to teach drivers a lesson that this is "our lane. I'd call it a failed experiment in sanctimoniousness -- I scared off one angry guy who approached me, but it really is a waste of time.

The Staten Island driver had no right to do that, but the cyclist was behaving the way I was last year -- as a first-class douche bag.

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