Last month the dismissal of the lawsuit against the Prospect Park West bike lane led to a cleansing, "Tahrir Square" moment for cyclists who felt the community-approved bike lanes were under siege by a few rich NIMBYs. Hopefully that feeling was savored, because Streetsblog reports that Neighbors for Better Bike Lanes and Seniors for Safety have appealed the ruling.

As city attorney Mark Muschenheim says in a statement, "This development isn't surprising. We are confident that our win will be upheld on appeal…The bike path's installation was an entirely proper, thoroughly considered project that continues to enhance the safety of PPW and remains widely enjoyed by the community."

What should give cycling advocates and the city cause for concern is that the suit was dismissed because the plaintiffs filed too late, not because their argument—that the DOT fabricated positive data to building the bike lane—was invalid. The judge in the case has ordered the DOT to release all the pertinent documents in the case, and if they refuse, the DOT must show cause as to why not.

Jim Walden, the pro-bono attorney for the plaintiffs, said when the suit was filed that his clients are "huge supporters of bikes" and he hoped the litigation did not have "an impact on the broader bike lane plan." But just this week Walden told Reuters in relation to a story on bike lanes in Chicago that, "For most big cities, bikes are not a practical way to move." Kind of like how lawsuits are not a practical way to dismiss hard data?