Berkeley sued over Hopkins bike lane plan

A large neighborhood association has sued the city of Berkeley over a council decision to add protected bike lanes on Hopkins Street.

The lawsuit comes as no surprise given the staunch neighborhood opposition evident during the July 28 Berkeley City Council meeting where the vote took place.

That night, more than 120 people turned out in person or called in via Zoom to comment on the bike lanes. They were evenly split for and against.

But while North Berkeley residents were certainly among the supporters, the "no" camp seemed to be more heavily drawn from the immediate neighborhood, including merchants in the Hopkins commercial district.

The owners of some of those businesses, Monterey Fish Market and Hopkins Launderette, are among the plaintiffs, along with Friends of Hopkins Street, a neighborhood group with more than 770 members, according to the Aug. 28 filing.

The other named plaintiff is a legally blind senior and North Berkeley resident of several decades who says he and others like him would be "adversely affected" if the bike lanes are built.

The plaintiffs say the Hopkins bike lanes would violate the city's 2026 Bicycle Plan and run contrary to Measure FF, a parcel tax to improve streets and sidewalks.

They also argue that the plan violates CEQA and "was not subject to any type of study to determine whether it would constitute a dangerous condition of public property."

And they claim it would limit access to "the many seniors and disabled individuals who live on or near Hopkins Street."

The plan calls for the removal of an estimated 145 of 274 parking spaces on Hopkins Street, including many in the busy commercial corridor.

Council members ultimately voted 7-2 for the bike lane plan, with Brent Blackaby (Berkeley Hills) and Shoshana O'Keefe (who represents the North Berkeley district where most of the project is located) in opposition.

" This is absolutely madness," O'Keefe said that night shortly before the vote. "Please do not force this expensive, disruptive, unwanted plan on District 5. We do not want it, and there are other alternatives."

The city of Berkeley did not immediately respond Thursday to a request for comment. It generally does not comment on ongoing litigation.

In a brief statement, bike advocacy group Walk Bike Berkeley called the lawsuit "groundless."

"We’re confident that safety improvements on Hopkins will move forward despite this lawsuit," the group said. "It’s unfortunate that the city will now need to dedicate its limited resources to defend the project."

According to Walk Bike Berkeley, the council vote was "consistent with Berkeley’s transportation plans and policies and will make the street safer and more accessible for people of all ages and abilities."

During the July council meeting, supporters of the Hopkins plan repeatedly emphasized that protected bike lanes have been found to be safer for all road users and are associated with either improved or neutral economic conditions — not the economic fallout predicted by opponents.

Friends of Hopkins is asking the court to set aside the project approval and issue an injunction to block further action.

The first hearing in the case is set for Nov. 10.

Read the full complaint.

Stay tuned for ongoing coverage.