Cyclists Now Face Criminal Charges for Minor Violations (Even When They Follow the Law)

Photo: Matt Jiggins via Flickr

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At Community Board 7’s Transportation Committee meeting on Tuesday, board members and residents shared growing concerns about a recent NYPD policy shift: giving cyclists criminal court summonses for minor traffic violations, rather than standard tickets.

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The new approach, which went into effect at the end of last month, means that riders who roll through a red light — and even those who may not actually be breaking the law — could end up in criminal court, requiring an in-person appearance. This has caused concerns about both overburdening the courts and disproportionately impacting lower-income and immigrant communities.

At the meeting, several board members questioned how the NYPD is enforcing the policy, especially in situations where cyclists might actually be following the rules. One member brought up a recent New York Post story about Oliver Casey Esparza, a cyclist who’s suing the city after he got a criminal summons for going through a red light while following the pedestrian walk signal. That move is legal, according to a 2019 City Council law. The lawsuit suggests police may be misapplying the rule, leaving some lawful riders unfairly penalized.

Another board member recalled witnessing what felt like a sweeping crackdown—what they called a “dragnet”—on the Upper West Side. Several cyclists were stopped, including a 17-year-old who was reportedly in tears. “There are a lot of unsafe conditions on the street,” the board member said. “But the police just can’t go after the most egregious violators because they’re zooming in and dangling through intersections. They can’t be caught. It’s the people going slowly, carefully through the red light making sure no one’s around [at] five miles an hour. Those are the people [who] get caught in the dragnet, and that’s not making the streets safer.”

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Many in attendance questioned whether the new policy is really targeting dangerous behavior, or if it’s casting too wide a net and catching cautious riders in the process.

The policy has also sparked broader debate. Police Commissioner Jessica Tisch says it’s meant to address safety issues tied to e-bikes and scooters. But so far, traditional cyclists make up the majority of those being summoned—about 74%, according to the data. Critics, including City Council Member Gale Brewer, say the move criminalizes relatively low-level offenses and might discourage people from biking in the city altogether.

No formal resolution was passed at the meeting; CB7 will be hosting a public forum in June, inviting legal experts, advocates, and NYPD reps to weigh in on the policy and possible alternatives.

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