A Manhattan judge has put the brakes on Mayor Bloomberg’s plan to allow 18,000 livery cabs to accept street hails.
The Taxi and Limousine Commission planned to start issuing license applications Monday, but Acting Supreme Court Justice Arthur Engoron signed an order to block “implementing any aspect” of the plan for now.
Owners of 13,237 medallions for yellow cabs sued the city to stop the proposal — saying the mayor had broken the law because he bypassed the City Council, which opposed the measure, and went straight to the state legislature for approval.
“End runs are legal in football and in politics,” Engoron wrote. However, he added, the “most basic question” raised by opponents is whether the mayor violated the home rule provision of the state constitution by not going to the Council.
“This court has trouble seeing how the provision of taxi service in New York City is a matter than can be wrenched from the hands of city government, where it has resided for some 75 years, and handed over to the state,” he said.
The judge said the opponents, who now have the exclusive right to pick up street hails, are ‘likely to succeed’ on this issue and they proved they would suffer ‘irreparable harm’ if the plan were put into effect before the litigation is resolved.
Industry lawyers Matthew Brinckerhoff and Randy Mastro said they were gratified that the judge focused on the home rule issue. Brinckerhoff said the temporary restraining order will remain in effect until the judge makes further, more permanent rulings.
City Corporation Counsel Michael Cardozo said the administration was “deeply disappointed” and vowed to appeal because, among other things, the restraining order will put a $1 billion hole in the budget by blocking the sale of 2000 medallions for handicapped accessible cabs.
(Source: NY Daily News)