Bicyclist Files Class-Action Suit Against NYPD over Red Light Summonses

A bicyclist is suing the city and NYPD Commissioner Jessica Tisch for what he says is an NYPD practice to wrongfully ticket bikers who cross intersections as soon 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.

Transportation Alternnatives, a bike advocacy group, says the short interval allowing bikers to proceed on the white walk sign with pedestrians is a safety factor for both bikers and motor vehicles.

“That 5-7 second head start can mean the difference between being hit by a turning car and being seen by a turning car, which is why it’s important that both bike riders and pedestrians start moving when the crossing signal turns white,” said TA spokesperson Alexa Sledge She said the law was changed to allow it over five years ago. “It’s ridiculous that cyclists are being ticketed for riding legally, safely, and defensively. This is especially disconcerting now that the city is regularly giving bike riders a criminal summons as opposed to a traffic ticket.

She added, “New York City will never reach Vision Zero unless it’s focused on making it easier and safer to ride a bike instead of criminalizing safe and legal riding.”

Casey Esparza says he knows from experience that police are ignoring the regulation that went into effect in 2019. In his lawsuit, he claims he was enroute to work by bicycle in October when a police officer stopped him as he entered the intersection of Third Avenue and East 42nd Street. When Casey Esparza asked why he was being stopped, 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. Casey Esparza claimed he was breaking no such law but says he was issued a summons anyway.

This incident has occurred for hundreds, maybe even thousands, of other New Yorkers, according to the suit which is seeking class action status.

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 crossing, 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 suit 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, ticketed, issued summonses, charged, or prosecuted for crossing an intersection.” It also asks that a system be put in place for tracking arrests, tickets, and summonses for red light violations to ensure no false ticketing 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.” The suit also wants the city to pay retribution for the psychological, emotional, and economic stress unnecessarily forced on the illegally ticketed bikers.

The NYPD declined to comment on pending litigation.