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BY MICHAEL OLOHAN
OF NORTHERN VALLEY PRESS
Following newly filed complaints from the state Attorney General’s Office and original lawsuit plaintiff Jacqueline Rosa against Leonia’s latest efforts to reinstate its more than 60 street closures despite an August ruling invalidating them, Hudson County Superior Court Judge Peter Bariso has summoned all parties to a hearing on Oct. 12.
At the Sept. 17 Borough Council meeting, Leonia’s governing body approved two ordinances, one implementing street closures on 40 Leonia roads for up to nine hours per day and another ordinance that imposes street restrictions on 20 additional roads, which must receive approval from the state Department of Transportation before enforcement.
In addition, Englewood special counsel Donald Klein appeared Sept. 17 in Leonia to lodge specific objections of city residents to the neighboring borough’s closures but both ordinances were passed.
The second ordinance includes 20 streets contiguous to Grand Avenue (State Route 93), which Bariso previously said require state approval.
Both the state Attorney General’s office and Rosa contend that the ordinances instituting road closures to out-of-town residents who traverse local streets are unconstitutional.
Another related ordinance permits enforcement of both ordinances with fines of up to $200 for violators.
Leonia contends its closure of 60-plus streets—from 6 to 10 a.m. and 4 to 9 p.m.—is necessary to reduce local traffic congestion caused by traffic apps redirecting traffic from tie-ups at the George Washington Bridge through Leonia side streets, creating safety concerns for residents.
‘Repercussions against Leonia’
“I’m hoping that there are some repercussions against Leonia for doing this again and trying to enforce these ordinances,” said Edgewater resident Jacqueline Rosa, a Ridgewood attorney with Seigel Law, who initially filed a lawsuit against the closures soon after Leonia began them Jan. 22.
“They’re trying to insulate themselves and it’s unlike anything I’ve ever seen. They’re blatantly ignoring a court order; I’ve never seen such a disregard with the law,” Rosa said.
On Aug. 30 Bariso struck down Leonia’s ordinances noting that none of the ordinances restricting local traffic had received prior approval from the NJDOT commissioner as required.
“The judge was very clear this is not permitted,” said Rosa. “And the state (DOT) is not going to give them approval for what they’re doing,” she added.
New Jersey Attorney General Gurbir Grewal told Leonia officials in March that they lacked the authority to enforce ordinances restricting street traffic.
While Mayor Judah Zeigler did meet with Englewood officials and city residents in March, he basically defended the restrictions and downplayed suggestions for a more regional approach to traffic gridlock issues.
Less punitive ways
Rosa suggested Oct. 3 that Leonia could easily implement restrictions less onerous and punitive than street closures, including four-way stops at intersections, one-way streets, and speed bumps “that would deter [cut-through] commuters and slow drivers down.”
She said making it difficult to get quickly through Leonia would accomplish the same goal: reducing the number of drivers who use it to bypass congestion at the nearby George Washington Bridge and the apps would likely remove the side roads due to legal restrictions.
Rosa said Leonia is attempting to impose the road closures because they “are not inconvenient to their residents” who get yellow hang tags and can travel freely about town. The restrictions apply only to out-of-town drivers who want to pass through town to another destination.
Englewood’s Diane Jansen, a Ridgeland Terrace resident upset with nearby street restrictions, posted highlights from the state Attorney General’s amended complaint on Facebook.
Jansen said the complaint “enjoins Leonia from further enforcing new road restriction ordinances” and addresses removing street restriction signage and municipal police ordinance enforcement.
Jansen’s posting notes the amended complaint states Leonia’s restrictions are “invalid” because Leonia has no authority to create “no-through” streets; Leonia has no authority to regulate traffic due to residency classification; Leonia’s ordinances impact a state highway (Route 93) for which Leonia did not obtain NJDOT commissioner approval; and Leonia did not notify adjoining towns of the ordinances prior to implementation.
Leonia has contended its authority to restrict non-resident motorist access to its streets derives from a 41-year-old Supreme Court decision allowing local governments to restrict commuter parking in residential areas.
Efforts to reach Leonia Borough Attorney Brian Chewcaskie for comment were not returned by press time.
The Oct. 12 Judge Bariso hearing is subject to potential delay, pending the participation of the involved legal counsels.