NEW YORK CITY — A federal judge slammed the Taxi and Limousine Commission on Wednesday, saying its car seizure policy was unconstitutional.
The Taxi and Limousine Commission inspectors — who seize more than 8,000 vehicles per year — acted without a warrant, without a pre-seizure hearing, and violated two constitutional amendments, federal judge Valerie Caproni ruled.
TLC inspectors are tasked with policing livery cars and yellow taxis to protect New Yorkers from dangerous and uninsured illegal cabbies. They also have the power to seize a vehicle they suspect of operating as an illegal cab.
Caproni's decision stemmed from a class action brought last September by five for-hire drivers whose cars had been seized. All but one of the drivers were later found not guilty of the infraction.
Last summer, DNAinfo New York revealed that many of the seizures made between January 2013 and June 2014 were unjustified, and that the charges against the drivers were often dismissed by independent tribunals.
Those found guilty of operating an illegal cab must pay a fine of at least $600.
In her decision, Caproni wrote that the government could not "summarily seize property because a fine might be imposed at some point in the future by a neutral judicial officer".
“We thought that what TLC was doing was unconstitutional and we are very happy that the judge has agreed,“ plaintiffs lawyer Daniel Ackman said on Thursday, adding damages were to be assessed later.
The lawyer said the plaintiffs did not have a specific dollar amount requested, but that they would ask for some compensation for the loss of their vehicles as well as a reimbursement for those who had to pay fines.
DNAinfo New York investigation showed that between January 1, 2014 and June 13, 2014 tribunal judges — who are independent decision makers — dismissed 1,442 cases in which TLC inspectors had accused a driver of operating an illegal cab or of allowing someone to use their vehicle as one.
Many of them were dismissed because the inspectors didn’t follow the law or ignored the explanation of the driver or passenger.
Additionally judges faulted hundreds of inspectors for either changing their testimony during hearings, failing to recall key details about the seizures or not having adequate legal cause to make an initial car stop, DNAinfo New York found.
A spokesman for the Law Department, representing the city and TLC officials, said the agency was "reviewing the decision and considering [its] options".
“In accordance with yesterday’s decision, and while we consider next steps, we have redirected our enforcement resources to issue appropriate summonses to vehicles and drivers in violation of City law and the TLC’s rules," said TLC spokesman Allan Fromberg.
"Public safety is the TLC’s top priority, and we will continue to use every resource available to us to protect the walking, riding and driving public,” Fromberg added.
