A group of New York City cabbies and medallion owners plan to file suit against the state on Thursday to force a halt to congestion pricing, which is set to start on New Year’s Day. The plaintiffs, who will seek an emergency injunction in Manhattan Supreme Court, claim state legislators passed the congestion charge in the dead of night without weighing what it would do to the taxi industry.
“This law cannot survive even the most generous level of court scrutiny because there is no rational basis for blaming medallion taxicabs for increased congestion,” said attorney Brett Berman.
The state passed a truncated congestion-pricing plan earlier this year that created a surcharge for all for-hire rides in Manhattan south of 96th Street starting in January. It will cost an extra $2.50 for taxis, $2.75 for Uber, Lyft or other black cars and 75 cents for app ride-shares.
Drivers say the law unfairly targets them and will take so much of their business that they won’t be able to survive. Eight for-hire drivers have committed suicide in the past 13 months over failing finances.
The plaintiffs in the case include the brother of one cabbie suicide victim and the best friend of another. The brother of cabbie Kenny Chow, who killed himself in May, also signed on to be a plaintiff.
“My brother Kenny killed himself because of the chaos in the industry caused by the failure of New York City to properly regulate Uber and the other FHVs,” said Chow. “Now comes this unfair and discriminatory surcharge that will be the nail in the coffin for 6,000 immigrant medallion owners like myself.”
The suit also names the city and the Taxi and Limousine Commission as defendants.
“We have not been served with any lawsuit, nor can we understand any viable legal basis for such a challenge,” said Patrick Muncie, a spokesman for Gov. Cuomo.