Judge rips Miami Beach for failing to open Ocean Drive to two-way traffic
In a hearing Wednesday, Judge Beatrice Butchko Sanchez said the city needs to heed her Jan. 8 order to remove a pedestrian plaza at the north end of Ocean Drive and restore two-way traffic from Fifth to 13th streets, which would require the removal of bicycle lanes. Currently, there is only one lane of southbound traffic from Fifth to 13th, and the stretch from 13th Street to 14th Place is open only to pedestrians. That configuration also has a two-way bike lane running along the east side of the road.
Butchko Sanchez ruled Wednesday that the city cannot stall any longer as it awaits the outcome of an appeal of her January decision.
It wasn't immediately clear if the ruling means changes to Ocean Drive are coming right away. Miami Beach spokesperson Melissa Berthier did not respond to questions about the city's next steps and whether the city plans to file another appeal.
During Wednesday's hearing, attorneys for the Clevelander hotel and bar, which filed the lawsuit, displayed a Tuesday newsletter that Miami Beach Mayor Steven Meiner sent to residents in which he claimed the judge had 'unilaterally overturned' the city's efforts to pedestrianize Ocean Drive. Meiner wrote that 'it's the law and common sense that cities determine traffic patterns and pedestrian plazas for the safety and enjoyment of their residents, not the courts.'
Butchko Sanchez laughed as the letter was read. After being told that Meiner is an attorney, she quipped: 'He needs to open the law books a little bit.'
Butchko Sanchez had initially given the city until Jan. 15 to make the changes, before granting an extension to the end of January. But the city filed an appeal of her ruling, automatically putting it on hold until the Third District Court of Appeal weighs in.
Attorneys for the Clevelander argued that the 'stay' of the judge's ruling should be vacated, due in part to safety concerns about the current configuration of the road. Butchko Sanchez granted their request Wednesday.
County officials have said the pedestrian plaza poses safety issues by diverting cars to a nearby alleyway.
'The city has been playing games,' Clevelander lawyer Steven Ebner said during the hearing, suggesting the judge should hit the city with monetary sanctions. 'They have no intention of complying.'
READ MORE: After Clevelander lawsuit, Miami Beach ordered to restore two-way traffic to Ocean Drive
When Ocean Drive partially reopened to cars in January 2022 following a full closure during the COVID pandemic, Miami-Dade County officials granted temporary approval of the city's plans. But the county has since raised repeated concerns about safety and traffic flow related to the pedestrian plaza and has not granted a long-term permit for the current setup.
An attorney for Miami Beach, Edward Guedes, pushed back on the Clevelander's claims that the city was trying to sidestep the judge's order.
Guedes said Miami Beach is seeking to expedite the appeal process and that the city has received proposals from contractors for the repainting and other work that would be required to comply.
But when Guedes suggested the city could not go forward with any changes without the county's blessing, the judge fired back.
'So you need a permit to follow my order, but you don't need a permit to do whatever you want to do,' she said.
Butchko Sanchez said the city was setting a bad precedent, under which residents might infer that they could simply begin construction on their own homes before getting a permit.
The judge said Miami Beach is 'near and dear to my heart' as a former longtime resident and that she knows the bike lanes and pedestrian plaza have been popular among residents.
But she said the law isn't on the city's side.
'I do not rule with my heart, and I do not rule fancifully. I have to follow the law,' Butchko Sanchez said. 'The city of Miami Beach did not have a permit to close that road. So the road needs to be opened. End of story.'
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