Posted on 09/29/2007 11:45:54 AM PDT by ricks_place
NEW YORK - A federal judge refused Friday to block a new city rule that requires taxi drivers to install global positioning systems and credit card machines in their cabs by Monday.
The drivers argue that the city overstepped its authority and acted unconstitutionally when it mandated the units. Their lawsuit also claims GPS will give away trade secrets by disclosing the cabbies' driving patterns, which they say give them a competitive edge.
U.S. District Judge Richard M. Berman refused to block the rule from taking effect, saying the use of the technology to improve taxi service appeared to outweigh drivers' privacy rights. He urged the two sides to negotiate and set the next hearing for Oct. 10.
Malcolm Goldstein, a lawyer for the taxi drivers, said the case is among the first to confront GPS issues.
"The record has to be developed yet. We're saying GPS is remarkably intrusive, more intrusive than anything before. It's our burden to persuade him," Goldstein said.
Michael Cardozo, the head of the city's law office, called the decision a "satisfying legal victory — and a victory for all taxi passengers who will enjoy the benefits of these service improvements."
Taxi and Limousine Commissioner Matthew W. Daus said he hoped the ruling "allows us to continue to advance and progress without distraction or delay."
Berman said that on the limited amount of evidence he had viewed so far, it did not appear the drivers would succeed in claims that the city acted improperly, caused them "severe and debilitating economic harm" and prevented them from earning their livelihood.
At an earlier hearing on Wednesday, Berman had expressed skepticism toward the drivers' arguments, saying, "It's not a Mona Lisa painting. It's a car."
After that hearing, dejected driver Beres Ford Simmons said: "Gentlemen, prepare for another strike."
Hundreds of drivers idled their cabs for a two-day protest of the GPS technology in early September. More than 13,000 yellow cabs must be equipped with GPS and software that record where the cars are every eight seconds or the drivers could face fines. The group leading that strike called it a "resounding success," while city officials said disruption was minimal.
A New York City cabbie once too me from Tribeca to the Village via Jersey City.I guess he had that "competitive edge".
You don’t take the Holland Tunnel from Times Square to the Empire State Building?
He didn’t charge you full fare, did he??
No more unscheduled guided (but silent) tours I take it.
Yup.Demanded a tip too.
No,usually we do that via Levittown.
I think their trade secret is driving 75 mph down Broadway.
Are the cabbies services in NYC under contract with the city?
If so, chin up bucko's and accept it, if not it's none of the city's business what they put in their vehicles IMO.
Demanded?
He's just trying to smooth you with sweet talk to get a bigger tip! LOL!
Since the cabbies charge $35 or so and I travel fairly light on business trips, I decided I'd give my first one a try several years ago. The kids that drive these limos at least appear to be American (white or black) and speak English. Yeah, I shared the limo with a couple of other riders and looking to save a buck and, yeah, the driver wasn't too happy when I didn't tip him (our deal was $20, not $20 plus tips I told him), but he actually drove better and was more courteous than your standard third world driver.
I got a receipt on a form that looks like one of those generic forms purchased in an office supply store and I learned (perhaps the driver's version) that NYC taxi licensing system is much like the prostitution trade-- the city has a limited number of medallions (licenses) supposedly sold to individuals, but the big operators (pimps) buy the licenses and hire the drivers as cheaply as possible. So by using an unlicensed limo, I was helping circumvent the system. Plus I get to pick a limo driver which at least looks respectable.
Takes brains....
Sorry.
For being allowed to pick up passengers from the street, cabs in NYC must be licensed by the city, which may put whatever conditions on the license that it sees fit. Private limo services, which are called to where their passengers are, would not be so regulated
NYC Taxi and Limousine Commission Medallion Sale Information
Well, they need to take their services to another city for peace of mind or work to change the municipal requirements politically.
Can someone explain to me the federal issue involved here?
The only excuse I can see for taking this to federal court is that taxis sometimes cross state lines. Or maybe it is a federal case because NASA was involved in putting GPS in orbit.
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