I did an OPRA on Gateway and....

Submitted by NewNewark t3_y0wgsb in Newark

So a couple of weeks ago, I made this thread about the Gateway being open only to employees. I was pissed because before Covid, I used to use the walkway every day instead of having to cross Route 21 on foot. Especially getting home late at night when half the cars run red lights, or when it is raining or snowing. It made my quality of life much better.

https://www.reddit.com/r/Newark/comments/xf7zy3/gateway_center_to_newark_residents_fuck_off_you/

Three things stuck out at me from the replies in the thread:

-One person said their social media has claimed it will open to the public in the future (Spring)...but only 6am-8pm, Monday to Friday. I confirmed this is true.

-One person suggested that it was supposed to be open at all times to the public as a condition of building over the roadways and into the train station. That makes sense, it goes over a state highway and knocked a hole into a historic building.

-One person suggested doing an OPRA request to see if this was the case.

So I did do an OPRA. And I got a response.

https://drive.google.com/file/d/1FCJrzOYUYPcPK-eTDs1Kb1D218bMvSBm/view?usp=sharing

Im not a lawyer-type, so maybe I am reading this wrong, but two things popped out at me:

  1. The walkways were built by the CITY, not the developer

  2. Point 4 is pretty damn clear where it says "shall be open and available at all times to pedestrian traffic"

So, uh, am I missing anything? Or is this the smoking gun that says the people who bought Gateway in 2019 are illegally blocking off public space that was built by the city for the public to use as a walkway?

Closing during construction was fine, and is in the agreement. But thats done, and their social media says they plan on closing at 8pm forever.

Even if you prefer to walk on the street, or never walk downtown to the train, surely you all agree that a private developer shouldn't steal public space like this right? If I am right, we need to do something.

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Comments

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ahtasva t1_irvi3jr wrote

Please write officially to the developer and cc the mayors office requesting clarification. My guess is no one read the fine print and everyone is just going on gut. Don’t let them know you have the paperwork in the beginning, just say you were “ made to understand by someone who was involved in the original project “ or something like that. Technically you are not lying 😊.

It’s always good to understand where the opposing party’s default position first before showing your cards.

PS> please update this thread. This is a matter of great public importance

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ohdontyaknowthough t1_irvhyts wrote

I love that you did the OPRA request! I miss walking through Gateway, it was really helpful at night, during bad weather and generally to have cameras on and around you just in case! I hate that it’s closed now I used to use it everyday and hope that this gets fixed

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Lanky_Act6769 t1_irvuzep wrote

Actually, if I were you, I would send this whole thread and it’s concerns to:

>TAPintoNewark: newark@tapinto.net

>Nj.com: tips@njadvancemedia.com

>JerseyDigs.com: hello@jerseydigs.com

This way, the press can be informed and maybe do some digging at their own discretion, and maybe investigate as to why this condition is being challenged by Onyx Equities Development.

Great update though, thanks for sharing 👏🏽

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rex3001 t1_irvqfy2 wrote

I would reach out to the owner directly first and if they push back then give them one last chance by citing what you know from the OPRA request.

If that still doesn't work then forward all that communication to local government and let them do what they're elected to, at that point you can sit back and enjoy the show.

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DrixxYBoat t1_irvo6s6 wrote

You're doing fantastic work

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Jstarks4444 t1_irw4hh6 wrote

Great work, and I think this initiative will garner a lot of public support.

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Echos_myron123 t1_irww4wl wrote

We need a grassroots action to "Occupy Gateway." What if 100 people tried to walk the sky bridge when it is closed. It would make for great press.

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[deleted] t1_irwc9ud wrote

IANAL, but just because it needs to be open at all times doesn’t mean something can’t override it. The sidewalk in front of my house needs to be open…unless I need to repair it. Or I get a permit for construction work on my house.

Closing it at 8pm in the future seems dumb. I can understand not wanting to keep it 24 hours but like 6am to midnight at least.

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NewNewark OP t1_irwf5vm wrote

Right, theres a paragraph that says it can be closed for construction but thats done. It was fine when it was closed for awhile, but its been 2.5 years.

"I can understand not wanting to keep it 24 hours but like 6am to midnight at least."

As long as roads are 24/7, s should sidewalks be

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FParker82 t1_irx8wzn wrote

Brah, you are my hero!

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[deleted] t1_irwbubb wrote

I’m impressed you got a response to your OPRA so quickly.

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NewNewark OP t1_irweze3 wrote

Same, I didnt expect anything to be honest. Props to NJ Transit for responding so quickly (I asked them because the walkway made a hole into the station)

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RKO36 t1_irxvjrh wrote

You have a strong argument, BUT, playing devil's advocate it also says (paraphrasing) so long as public access rights exist therein. They might (unfairly) claim that due to covid and the tunnel being a small enclosed tube it should only be employees. It's a dumb argument to do that, but you have it right there in the deed that it shall (in legal terms there is nothing stronger) be open to the public too.

Good find.

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NewNewark OP t1_irxynrz wrote

I fully accept them closing in 2020 when Covid was new and unknown, and staying closed while they did full construction. The issue is its been 2.5 years and its time to give the space back to us. They have two security guards without masks sitting in the tube so they clearly dont care about them getting sick

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[deleted] t1_irwgppi wrote

You might want to ask the city clerk for any documents that may have amended or referenced this 50 year old document.

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NewNewark OP t1_irwh5er wrote

Yeah, the next question is did the city sign away public rights because the mayor got a $10 donation in 1986

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mdt2113 t1_irxamhy wrote

Good work and more power to you

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