Local attorney Richard Bernstein has battled Mayor Michael Bloomberg and the city of New York over safety at Central Park since a bicyclist crashed into him, shattering his hip and pelvis last August.
First Bernstein, a blind attorney of 1-800-Call-Sam fame, played nice. Last summer, from his hospital bed in New York (he was there for 12 weeks) he asked the city to improve safety in the park for pedestrians. He was rebuffed by the city machinery-- and rather rudely, he feels. So he decided to play hardball and file a federal suit. Later, out of frustration with the lawsuit, he told Deadline Detroit that Mayor Bloomberg was a “disgrace.”
Now, he’s going back to nice -- at least for now -- with an offer to settle the suit with what he calls “such a simple idea.”
Last Friday, he verbally presented the idea to the the lawyers at Dickinson Wright, a law firm in Detroit that represents the city. Bernstein, 39, sued in U.S. District Court in Detroit.
Under his proposal, the National Jewish Council for Disabilities would train and pay -- at least initially -- intellectually challenged adults as crossing guards for at least two points in the east and west parts of the park.
Risky Stretch for Walkers
The guards would stand at crossings where people have to cross three lanes: One for cars and taxis, another for bikes and another for pedestrians.
Traffic lights regulate vehicles, Bernstein notes, but bikers don't always heed red lights and “often crash into pedestrians.” The guards would be there for the benefit of handicapped people like Bernstein and those who are not.
“Basically, in order to have this case settled we would need to have safe crossings on the west and east side of Central Park," Bernstein said.
“All we’re asking the city: Are you willing to have a discussion? Can this be a conversation starter?"
He said the solution would also be great for intellectually handicapped adults.
“This is really an idyllic place for the intellectually challenged to work in,” the Oakland County lawyer said. “They really want to be intellectually challenged to be in the community outside their home.”
Impassioned Crusade
Bernstein wasn’t injured in an area that would have crossing guards. A speeding cyclist meandered into a pedestrian lane and crashed into him. Nonetheless, he feels strongly about addressing this safety issue and he says acceptance of his latest proposal would make the lawsuit go away.
The initial suit asked for crossing guards, but gave no specifics as to who would perform those duties, train people or pay their salaries. It also asked that the city enforce the 25 m.p.h. Bernstein said these crossing guards would resolve the speeding issue because bikes would be forced to stop at lights. That way, he said, bikes would have a more difficult time building up greater speed.
He considers this latest proposal a no-brainer, but he’s skeptical the city wants to give an inch and resolve the case.
“I’m sure they’re going to come back and reject it,” he said “All we’re trying to do is get a better situation for everybody. We’re bending over backwards.”
So far the city hasn’t responded to his offer.
Elizabeth Thomas, a spokeswoman for the city's law department, issued a statement Wednesday to Deadline Detroit saying:
"We received a communication and will respond appropriately."
Bernstein said the city so far has expended its energy on having the lawsuit heard in New York. He wants to keep it in New York.
“We’ve been in litigation eight months, we still haven’t determined what venue we’re going to use,” he said.
Interfaith Scope
Jeff Lichtman, national executive director of the National Jewish Council for Disabilities, says the organization helps people of all faiths.
“People with disabilities are either unemployed or barley, minimally employed,” he said. “We would identify a number of adults who would be interested in being crossing guards . It would be for them to have a job and they would probably love it.”
Meanwhile, Bernstein says he still feels great pain from the accident at Central Park. He says he ‘s done with physical therapy.
“At this point it’s really not helpful,” he says of therapy. “Certain injuries are the way they are. You don’t recover from injuries this severe.
“Your goal is to work through the pain and get to a place where you’re able to have a sense of acceptance.”