Buffalo, N.Y. (WBEN) - It was one month ago when a decision from State Supreme Court Judge Emilio Colaiacovo granted a petition from the East Side Parkways Coalition in its entirety to put a stop to the Kensington Expressway project.
According to Colaiacovo, the massive $1.5 billion project along Humboldt Parkway cannot proceed further until the New York State Department of Transportation (NYSDOT) has completely complied with the State Environmental Quality Review Act (SEQR), and is ordered to conduct and prepare an environmental impact statement (EIS) concerning the affected areas of this project.
A complete and thorough environmental impact study may not be completed by the State DOT for potentially up to a year, but an estimated timeline is difficult to gauge.
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Before that, though, work is underway between lawyers representing the East Side Parkways Coalition and the State Attorney General's Office to get paperwork done on the court docket, which involves entering a judgment with this decision. Once the judgment is entered, which should be within the next seven days, there will a 30-day period in which the state can formally appeal Colaiacovo's decision.
"The question, I think, is, 'What is the AG going to do about this? What is DOT going to do about it?' And the best information I have is that the Department of Transportation is still considering what to do," said Attorney Alan Bozer with Phillips Lytle LLP. "Who will make that decision, whether to appeal or not? Is it the governor? Is that the commissioner? We know that we've read about an appeal being directed by one or two politicians, but quite frankly, this case was very well thought out by Judge Colaiacovo, there are no good appellate issues. We are very confident if this goes on appeal, it's simply going to waste another year and, in the end, we will prevail with the decision we got."
In response to Colaiacovo's decision, members of the East Side community and advocates for the restoration of Humboldt Parkway gathered on Thursday at Saint Philips Episcopal Church to speak on the future of the Kensington Expressway, and take the lead on the EIS process.
"We want to see full removal of that highway, and I'd like to ask everybody to dream with me. Dream about the future of the City of Buffalo. This is more than just the impact on the people that live right by the highway, like I do. This is about everybody in Western New York, and there's a dream of a future for the City of Buffalo that includes parks," said Pastor Steve Lane of Saint Philips Episcopal Church. "We are a city in a park, and this is a major part of it. So I encourage you to dream."
Valerie Juang, co-founder and co-organizer for the Western New York Youth Climate Council, she strongly feels the state needs to listen to the communities surrounding the Kensington Expressways.
"When they are telling us what their communities need, they know that. That is in the law, that there is a requirement to engage the community when it comes to projects that the state is putting out in those communities. Especially when it comes to disadvantaged communities that the law also prioritizes, in terms of both greenhouse gas emissions and CO pollutants, like the ones that are causing illness at extremely high rates in these disadvantaged communities. Everyone here is here to advocate for that," said Juang on Thursday.
Juang and the Western New York Youth Climate Council is calling on all local representatives in government, all community organizations, and all community members to participate in the process of making sure the East Side community gets what it deserves with this project.
"There are so many more community members who also understand the importance of parkway restoration for both the community's physical health, economic health, cultural health, all of that. The thriving of this community really depends on restoring Humboldt Parkway the way that it was before," Juang said.
Growing up in the Bronx, Tendaji Ya'Ukuu, founder of the East Side Stewards, visited his grandparents often, as they lived alongside Moshulu Parkway. He says that is a shining example of what Buffalo once had, and was lost when the Kensington Expressway was put in place.
"[It's] is a vibrant green corridor where neighbors live. They gather for picnics, walk their dogs, and hold community events. The parkway isn't just a scenic route, it is a lifeline, providing fresh air, recreation and a sense of connection," said Ya'Ukuu. "For over 60 years, this expressway has devastated our community, polluting our air, poisoning our waterways, robbing us of vital green space."
He adds the consequences of the Kensington Expressway have been undeniable with skyrocketing rates of asthma, lung disease, heart disease and cancer, which has all been compounded by lead contamination from aging housing and outdated infrastructure.
"We cannot continue to accept decisions that sacrifice our health, our environment or our future. For the sake of convenience and profit of those who make decisions over us. It is time to restore what was once stolen, was lost, and reclaim a future where our communities can thrive," Ya'Ukuu said. "Buffalo is the 'City of Good Neighbors'. That means showing up, standing together and demanding better."
Stephanie Lee, member of the East Side Parkways Coalition, feels the time has come time for the community to make its own decisions about the livelihood of its residents.
"We have seen too much. Just this week, I attended a funeral of a dear friend of mine that lived in close proximity to the Kensington Expressway. Three months before that, she buried her dad. Both died from cancer. I'm sick and tired of watching our loved ones, our friends and our neighbors suffer because we just want to entertain a few casual commuters," said Lee. "It's time for us to take a stand and speak up. It is our community, and it's our right to make the decisions."
Betty Jean Grant - former City Councilwoman and Erie County Legislator, now with We Are Women Warriors - says 8-to-1, the residents of Humboldt Parkway and of its neighborhoods do not want the tunnel put in place, rather they want the Kensington Expressway completely removed.
"My mission, as a We Are Women Warriors member and a member of the East Side Parkways Coalition, is to do all I can to ensure that the people have a parkway, have clean air to breathe, and a healthy environment. It's not about politicians, it's not about me. It's about them, those who live, those who invested there, and those who are living under those circumstances, some of them are dying," Grant said.
As for Sherry Sherrill of the East Side Collaborative Partnership, also the daughter of Betty Jean Grant, she says an effort to paint the tunnel project as the will and the preference of the people is not only erroneous, but "outrightly false."
"We know that this is the right movement, this is the correct movement. And to those persons who are holding out against what, I think, is bad hope for the tunnel project to be commenced, I've got news for you: The chickens have come home to roost," said Sherrill. "The entire East Side community supports and stands in solidarity with our brothers and sisters on the East Side of Buffalo, and especially throughout, in-and-out of the Kensington Expressway corridor, all the way from where it is in the University District of the City of Buffalo down to the Johnson and the Fruit Belt neighborhood. This has to end. The suffering has got to end, and we're going to continue."
She adds not only was the EIS victory in court a win for the East Side Parkways Coalition, it was a win for the East Side of Buffalo, which she says has very few victories to stand on.
"Their voices are raised, we are unified as a community, we are united moving forward. We're going to join these organizations that are supporting the restoration of Humboldt Parkway, and we are going to be victorious because elected officials work for the people. They work for us. It is not their will that's going to be done regarding the restoration of Humboldt Parkway. It is the will of the people. And I am so proud, and I am so humbled, and I am truly grateful to be able to be part of this effort," Sherrill said.
So what do some believe the $1.5 billion worth of the project should go towards with the Kensington Expressway? On top of filling in the expressway and restoring Humboldt Parkway, Doug Funke, president of the Citizens for Regional Transit, feels it would go a long way towards extending Buffalo's hydro-powered Metro Rail through the East Side, to the airport and beyond.
"That's all tracks, all stations, all cars, all signaling. All of it for $1.5 billion. Thus reducing the number of cars entering our city through the East Side and the associated pollution," explained Funke. "And Buffalo's light rail has the same capacity as a six-lane expressway. Same capacity as the Kensington Expressway, and it's the same amount of money."
East Side Parkways Coalition is hosting a Community Conversation on Saturday, March 15 that will invite the entire City of Buffalo to discuss nine topics crucial to the EIS process with Humboldt Parkway. The event begins at 9:30 a.m. at the Delavan Grider Community Center, located at 877 East Delavan.
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