New York City says it's fighting a $3 million lawsuit brought by a Brooklyn unicyclist who's taking issue with a technicality in city code.

Circus performer Kyle Peterson was issued a ticket in 2007 for violating an ordinance that prohibits riding a "two- or three-wheeled device" on sidewalks.

He filed the federal lawsuit against the city claiming his rights were violated because he was riding on one wheel.

Both summonses were dismissed in court but Peterson says he wants the freedom to ride his unicycle.

The Daily News says the city filed a motion to dismiss the suit this week, saying the law was intended to protect pedestrians.

The city says the difference between a bicycle and a unicycle "is negligible."