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TLC ACCESS
CASE |
SCHALLER' S
TAXI FACT BOOK | WALL STREET
JOURNAL ON THE TLC | NEW YORK
PRESS ON THE
YELLOW PERIL |SOMETHING
FROM SAM SLOAN | TAXI DRIVER RIGHTS LITIGATION Padberg et al. v. McGrath-McKechnie, et al Ind. No. 00 Civ.
3355(RJD)
In November of 1999, the
Mayor of the City of New York and the Chairwoman of the Taxi and Limousine
Commission announced a new rule: Any taxi driver accused of a service refusals would have his
license suspended on he spot, his taxicab would be confiscated, and,
that, following a hearing, his licenses would be revoked altogether.
This policy--dubbed "Operation Refusal"-- violates a City statutes and the TLC's own
rules. It was dictated by mayoral decree and without a vote by the Taxi and Limousine Commission, though the City Charter requires
one. Thus, every hack license revoked or suspended under the
decree was taken illegally. The Padberg action seeks an end to the policy-- which remains in effect-- and a
return of licenses
unlawfully seized.
From the Cert
Petition:
Danny Glover's protest quite properly struck a nerve,
and certainly it unleashed a firestorm of publicity. But neither
the legitimacy of his complaint, nor the allegedly heartfelt desire to
cure it justified the systemic trampling of the constitutional rights of
taxi drivers, as occurred here. The TLC and its top official defied
their city's charter, enabling statutes, their own regulations,
independent judges, and their own commissioners. In their zeal,
they deprived hundreds of other taxi drivers of their livelihoods.
As this Court has said, "Whatever other concerns should shape a
particular official's actions, certainly one of them should be the
constitutional rights of individuals who will be affected by his
actions." Owen, 445 U.S. at 656. When officials ignore this
injunction, Section 1983 is there to provide a remedy.
From The New York
Times
(6/10/2000):
Court
of Appeals Brief -- RECOMMENDED
Reply
Brief
-- Recommended
Smith v. McGrath-McKechnie,
et al
Ind. No. 01 Civ. 1786 (RJD)
There is a scene in the
movie The Verdict where attorney Frank Galvin (played by Paul
Newman)
insists to Charlotte Rampling that the idea of a law court is not to
dispense justice. The court, Galvin says, exists to give
people "a chance at justice." In this ideal, the New York City
Taxi & Limousine Commission has a problem, because most cabbies
believe that in the TLC's courts, they have no chance.
The
Smith case
illustrates the basis for this belief.
Plaintiff's Documents:
Reply Memorandum of Law
--Recommended
Ackman
v. Giuliani -- TLC Access Case
New York State Supreme Court, dated March 2, 2000 "It has been repeatedly
recognized that New York State possesses a 'strong public policy ... of
public access to judicial and administrative proceedings....
Accordingly, the Court finds that Petitioner be permitted access to TLC
hearings, provided that he does not engage in conduct which would
disrupt the proceedings in any way.'" Contact: Dan Ackman
212-496-2263
e-mail: dackman@adiglobal.com
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