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ACKMAN v. GIULIANI, et al

The Decision:

Ackman v. Giuliani, Index No. 101652/00.

New York State Supreme Court, dated March 2, 2000

FROM THE DECISION BY JUSTICE PARNESS
"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." 
 

The History: 

In his decision, Justice Parness said, "It does not appear that any other member of the public has sought hearing access." This odd statement had no basis in the record and no basis in fact. Since the case was decided, I have learned that reporters from the Times, The Daily News, and Newsday had all sought access to TLC tribunals, and had all been turned away. In fact, in 1998, NYCLU Executive Director Norman Siegel wrote to TLC Chair Diane McGrath-McKechie protesting TLC practices: "To deny the public this right is to mire the TLC in secret, closed door proceedings that, at a minimum, will breed distrust and mistrust. Moreover, it may be illegal," Siegel wrote. It was, but neither the NYCLU nor the mainstream press did a thing about it. MORE

Press Coverage:

The New York Times, March 11, 2000:
Lawsuit by a Journalism Student Opens 'Taxi Court' to Outsiders
By RANDY KENNEDY

Ruling in a lawsuit filed by a frustrated journalism student, a State Supreme Court judge in Manhattan said that the Giuliani administration had no legal power to bar the public from the rapid-fire administrative hearings commonly known as taxi court, where passengers go to complain about drivers and drivers have long complained that the deck is stacked against them. MORE


The New York Times, March 14, 2000:
Is Censorship Contagious in New York
By CLYDE HABERMAN

Daniel L. Ackman had figured that his request was so straightforward that it would be hassle-free. He figured wrong. MORE

Columbia Journalism Review, May/June 2000

Bumping into the unyielding doors of the Guiliani administration has become such a routine experience for the New York City press that when a newcomer managed recently to pry one of those doors open it was man-bites-dog news. MORE

Press Release, March 10, 2000
A State Supreme Court judge ruled yesterday that the New York City Taxi and Limousine Commission must permit the press and public access to its courtrooms, which the agency had claimed were closed to the public. MORE

Aftermath:

Proposed Order Submitted by Dan Ackman

Proposed Order Submitted by the Mayor and the TLC
In reading this proposed order, you can see the wonderous, strange way the TLC defines open access.

Letter from Dan Ackman to Justice Parness
dated March 23, 2000
Noting how the TLC continues to mock the law even in the face of a court order

Letter from Dan Ackman to Justice Parness
dated March 29, 2000
On the TLC's efforts to use procedural tricks to avoid the law and the merits of the case

TLC Courts Open— But Just a Crack

Newsday, April 4, 2000
Taxi Court Still Closed to Public
By MOHAMAD BAZZI

The Taxi and Limousine Commission has not yet opened its court hearings to the public, despite a court ruling a month ago saying it should do so. MORE

The Daily News, April 4, 2000
Open Hearings Put TLC in the Spotlight
By PETE DONOHUE

Hayat Mulk beat the odds yesterday and won his case in Queens taxi court, but he still left seething. MORE

Final Judgment and Order
Entered April 5, 2000

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