In an unprecedented challenge to the City, four legal challenges have been submitted to the City and the Minister of the Environment claiming there has been shoddy process on Front Street, John Street and Jarvis Street that have resulted in plans that exclude cyclists and make conditions unsafe. I haven't heard of any other North American city having so many legal challenges to its planning authority and process at once.

Cycle Toronto is challenging the decision to take out bike lanes on Jarvis Street, stating that making the street more difficult for cyclists is doing environmental damage, represented by law firm Iler Campbell (letter to city). Cycle Toronto is also challenging the EA for Front Street, stating that the remake of the connections to this major transportation hub is making conditions worse for cyclists and that the City didn't consider Metrolinx's concerns regarding cycling infrastructure, represented by Papazian, Heisey and Myer Barristers and Solicitors (CycleTO's initial submission, letter from Metrolinx to City, letter to City, response from City, Part II request to Province and response to the City). Then on John Street the bike shop Urbane Cyclist is challenging the John Street EA, arguing that the project will force cyclists from the best cycling connection in the area with no Plan B in place, represented by Ian Flett. And finally, Don Wesley, Ward 20 resident and Cycle Toronto volunteer is challenging John Street and represented by Fogler Rubinoff LLP (letter to City by CycleTO, letter to City by Wesley, Part II request to Province).

What is most galling (other than the Jarvis bike lane removal) is that what passes for a "comfortable cycling environment" is a wide curb lane with sharrows (quoting a condescending Stephen Schijns, Manager in Infrastructure Planning, in his response to Cycle Toronto). This during a time when American cities are undertaking quite progressive initiatives like the Green Lane Project which will support cities in developing dedicated, separated green bike lanes. Instead of providing world class bike lanes, cycling facilities in Toronto are way down on the list of importance. Instead of bike lanes we're given sharrows and a wide curb lane on a busy arterial road. I'm sorry but sharrows do little to encourage people to feel safe enough to take up cycling.

Front Street, according to Schijns, will include "a wide single lane in each direction marked by sharrows, and a pedestrian-oriented traffic-calmed environment which will have the effect of maintaining vehicular traffic speeds at comfortable levels. The 4.75 m wide lanes will be substantially wider than the vast majority of curb lanes on City streets and will provide a comfortable cycling environment." Schijns also wishes to inform cyclists - as if we didn't know already - that "the plan also recognizes that pedestrians and cyclists are not the only users of Front Street." And that the reason that a dedicated bicycle lane wasn't included was because of a "delicate balancing act" whereby City engineers had to figure out how best to convince the broad public that sharrows are actually "cycling infrastructure". Meanwhile the EA was approved while failing to address the concerns of Metrolinx that the cycling infrastructure was poor.

Let's hope that this wakes the City up that it can't continue to expect cyclists to just take the little scraps off the table. The Bike Plan has been dangled in front of cyclists for over a decade but we've met plenty of resistance and foot dragging from both politicians and even many Transportation Services staff. It didn't seem to matter much if there was a progressive mayor like David Miller in power or a regressive mayor like Mel Lastman or Rob Ford, there has been certain level of inaction and resistance in making the city safer for cyclists. What is needed is to make foot dragging harder to accomplish.

The first of two Public Meetings on bike lane upgrades to the Wellesley-Hoskin corridor is taking place on June 27th at 6pm at Our Lady of Lourdes Catholic School (444 Sherbourne St). If you are unable to attend you can send an email with your comments as well. The first phase of separated bicycle lanes on Wellesley/Hoskin/Harbord are to be built between Parliament and St. George Street.

Transportation Staff are now studying the Wellesley Street, and Hoskin Corridor to develop some possible designs for how these bicycle lanes can be improved. Staff have already done extensive research in the development of recommendations for improvements existing bicycle lanes for Sherbourne Street, and so some of the lessons learned from Sherbourne may be considered for the Wellesley-Hoskin Corridor.

Physically separated bike lanes connected in an overall network have been demonstrated to dramatically increase the number of cyclists using the facilities. Separated bike lanes on Wellesley, however, may be contentious to some people due to the likely removal of on-street parking for part of the corridor and removal of left-turn lanes. Thus all the more reason to show up even briefly to show your support for this key section of a separated bike lane network in Toronto. From the City's site:

Introducing a cycle-track type design to Wellesley St. - Hoskin Ave. will require more width than the existing painted bike lanes. In order to maintain the traffic flow and efficient TTC bus service along Sherbourne Street, the new design will result in the following changes:

  • Removal of all on-street parking on Wellesley Street between Bay St. and Parliament St.
  • Removal of existing left-turn lanes

As part of this process, city staff are conducting parking surveys to see if new parking spots can be added to streets near Wellesley St. and Hoskin Ave. to partially offset the loss of parking on these streets. The design will maintain vehicle access to all connecting driveways and laneways along Wellesley Street and Hoskin Ave.

In a city where there is such high demand for many of our narrow downtown roads, it's important to push to move on-street parking to side streets or parking garages. There are many alternatives to where someone can park their car, but no alternative for a safe cycling route through this part of town.

Don Wesley is the co-captain of the Ward 20 advocacy group of Cycle Toronto (formerly Toronto Cyclists Union). With support of his Ward group and solicitors, Fogler, Rubinoff LLP, he is taking legal steps to ensure that the John Street EA addresses the concerns of cyclists. Local John Street business, the Urbane Cyclist bike shop, is also bringing forward their legal concerns, represented by Ian Flett.

From Wesley's letter, the main objection to the EA:

... the EA proposes to narrow existing vehicular lanes along John Street without provision for bike traffic, thereby effectively eliminating John Street as a cycling route and instead turning the route into a “ride at your own risk” corridor in which cyclist safety will be endangered due to competition for space with automobiles.

Wesley's states that the John Street EA contained two legal deficiencies. One, the EA does not comply with the Municipal Class Environmental Assessment and, two, it is inconsistent with the 2005 Provincial Policy Statement and does not conform with the Growth Plan for the Greater Golden Horseshoe.

Wesley and Urbane Cyclist are requesting a meeting with the Public Consultation Unit of the City of Toronto. In case their issues aren't resolved to their satisfaction, they will request the Minister of the Environment issue a Part II order pursuant to the Environmental Assessment Act. A Part II order allows an interested person to ask for a higher level of assessment for a class environmental assessment (Class EA) project if they feel there are significant outstanding issues that have not been adequately addressed.

Ward 20 cyclists believe that there are ways of achieving the goals of the City on John Street while accommodating cyclists and protecting their safety.

The John Street EA was approved by Council, but there were some flaws in the process that make this legal challenge important. Staff used incorrect numbers for estimating cycling traffic, which they later admitted their data was somewhat flawed after sustained effort by Dave Meslin and other activists in recording actual data with lots of media attention. Instead of the claimed percentage of 2% bike mode share during peak times, Meslin had measured closer to 30%. Though the admission was posted on the site, this information was not available for the public meetings.

Mon, 06/13/2011 - 23:07 - John Street at Queen West ©John Street at Queen West

Another flaw was in the process of pushing hard for a pedestrianization of John Street without a commitment to ensuring that cyclists would have the same level of access and connectivity on John or close by. Indeed, it now appears as if cyclists may not even get an adequate cycling route on Soho/Peter, and this was the route that was championed by Councillor Vaughan. The major concern was improving the connection across Queen Street since currently it includes an unsafe jog across streetcar tracks and a left turn - something very few cyclists feel comfortable in doing. A new building is being proposed for the corner that would eliminate a chance for a reconfigured intersection.

The requested image size is not available for this photo on Flickr (uploaded when this size was not offered yet). Try another size or re-upload this photo on Flickr.

This makes fighting for a John Street that includes cyclists even that more important.