A bicyclist is suing the city and NYPD Commissioner Jessica Tisch for what he says is an NYPD practice to wrongfully ticket bikers that cross intersections at the same time as the white pedestrian walk sign is lit.
Oliver Casey Esparza argues in his class action lawsuit the NYPD is collectively overlooking a 2019 amendment to city traffic regulations, commonly referred to as the “Go With the Walk” Law. That change allowed bikers the right to move through an intersection when the walk signal lights up rather than waiting the extra seconds for a standard traffic light governing motor vehicle traffic turns green.
Casey Esparza says he knows from experience. In his lawsuit, he claims he was enroute to work by bicycle this past October when a police officer stopped him as he entered the intersection of 3rd Avenue and E. 42nd Street. When Casey Esparza asked why he was being stopped by the NYPD, he said the officer informed him the pedestrian signal was switched to white, or walk, resulting in an illegal cross because the traffic signal for cars was still red. Esparza claimed he was breaking no such law, but was issued a summons anyway.
This incident has occurred for hundreds, maybe even thousands, of other New Yorkers, according to a lawsuit filed last week by Casey Esparza. The plaintiff is asking NYC to pay damages for him and those also affected by what he says are false arrests and wrongful prosecutions.
Among the many defendants are current Police Department Commissioner Jessica S. Tisch, as well as her three predecessors, and Officer Kenney F. Vega, who issued the summons to Casey Esparza during the incident in October 2024.
Casey Esparza claims Officer Vega acknowledged the pedestrian signal was white at the time of the cross, but told the plaintiff he was “99% sure” Casey Esparza was wrong about the 2019 law.
“In order to reduce the risk of being injured or killed by a motor vehicle, Mr. Casey Esparza continues lawfully to cycle across intersections with…signals that permit his cycling across the intersection…when the traffic light is red,” according to the lawsuit filed last week.
The lawsuit asks “immediate training to be provided to all current and future members of the NYPD making it clear that cyclists may not be detained, arrested, ticked, issued summonses, charged, or prosecuted for crossing an intersection,” as well as a system put in place for tracking arrests, tickets and summonses for red light violations to ensure no foul play continues.
Casey Esparza’s suit also asks the City to pay his legal fees and award punitive damages for the defendants’ unlawful conduct, calling it “knowing, purposeful, malicious, and outrageous.”
This “loss of liberty” questions ongoing NYPD-led crackdowns on e-vehicles and the entire New York justice system as a whole. The case asks all defendants to pay retribution for the psychological, emotional and economic stress unnecessarily forced on these New Yorkers’ lives.
The NYPD declined to comment on pending litigation.
