Photo: Artur Machado
Legal Battle Over Avenida da República Cycling Infrastructure
The Câmara de Vila Nova de Gaia has been ordered to immediately suspend the removal of the bike lane on Avenida da República, following a court decision announced this Thursday. The municipality now has five days to clarify the process with the court.
When contacted by Lusa news agency this Thursday, the Gaia municipality stated they were unaware of this notification. A source from the presidency indicated they would only comment after receiving official information from the court.
Urgent Injunction Filed by Cycling Association
At the heart of the controversy is the removal of the existing bike lane on Avenida da República, which began last weekend under the newly elected administration of Luís Filipe Menezes. This prompted MUBi - Associação pela Mobilidade Urbana em Bicicleta to file an urgent injunction requesting suspension of the dismantling.
According to the response from the Porto Administrative and Fiscal Court, which Lusa accessed this Thursday, the municipality must "refrain from any material actions that could jeopardize the usefulness of assessing this incident" and must respond within five days.
"[After the deadline] the Court will assess the request for provisional suspension of the works to remove the existing bike lane on Avenida da República in Vila Nova de Gaia," reads the court's notification to the Gaia municipality.
Court Emphasizes Urgency and Due Process
The Porto Administrative and Fiscal Court specified that, "considering the urgent nature of this incident, the requested municipality should refrain from any material actions that could jeopardize the usefulness of assessing this incident, which will benefit from full observance of the principle of contradiction."
Gaia Mayor Luís Filipe Menezes (PSD/CDS-PP/IL) announced on social media last Saturday the start of dismantling the Avenida da República bike lane - infrastructure originally installed in 2024 under former mayor Eduardo Vítor Rodrigues (PS).
Cycling Association's Legal Arguments
The measure generated opposition from MUBi, which announced it would file an injunction to stop the dismantling, particularly the removal of bollards.
The association notes that Avenida da República in Gaia is classified as a Complementary Municipal Axis, which "imposes the legal duty to reconcile pedestrian and bicycle circulation."
Among other arguments, MUBi also reminds that the infrastructure "was a candidate for European funds under NORTE2030, worth 98,113.67 euros, so its removal could waste these granted funds, potentially constituting misuse of European public resources," though it's currently unknown whether the funds were actually granted.
Mayor's Controversial Statements
On Monday, after the council meeting, Filipe Menezes considered it "completely impossible, pathetic, bizarre, wrong, to think it's possible to have bike lanes in the urban centers of cities like this one."
Association Optimistic About Legal Outcome
Speaking to Lusa this Thursday, MUBi leader Ana Guerra Rosbach said she has "great hope that justice will favor" the association.
"The fact that the court accepted our request is a good sign. It demonstrates that the urgency of the action and the public interest were recognized. The process needs to be clarified. In our view, legal procedures were not followed," said the leader.
Calls for Transparency and Technical Assessment
Claiming a need for a "more transparent process", MUBi wants the measure to be taken to the Municipal Assembly and await a technical opinion.
"Before removing the bike lane, they should say what the new proposal is for the avenue, an avenue that doesn't have space for two lanes for motorized traffic," concluded Ana Guerra Rosbach.
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