Posts tagged as:

transit

  • Great moments in union contracts: “Many Suburban Cops Allowed To Work ‘Half Drunk’” [NBC Chicago]
  • California high court imposes arbitrary damage-splitting rule on mixed-motive firings [Cheryl Miller, The Recorder]
  • More tales of much-forgiven Broward County bus drivers [Sun-Sentinel, background]
  • Sixth Circuit: SEIU robocalls to harass hospital CEO don’t violate TCPA [Littler]
  • Judge rejects EEOC position against alcohol testing of steelworkers in safety-sensitive posts [Paul Mirengoff, PowerLine, Reuters]
  • “NYFD made written test impossible to fail, but diversity recruits in Academy can’t meet physical standards either.” [Ted Frank/PoL]
  • “The March Toward a Bullying Cause of Action Continues” [Michael Fox, Employer's Lawyer; TheDenverChannel.com]
  • T’wasn’t easy for White House to find a new Labor Secretary to the left of Hilda Solis, but meet Tom Perez [WaPo]

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There’s nothing new about the impulse to call in the cops against wolves, mashers, and fresh guys on street corners and public conveyances [Alexis Coe, The Atlantic]:

As early as 1897, Missouri representative Prichard B. Hoot introduced a bill that sought to regulate flirting on trains, but the endeavor ultimately proved unsuccessful. That same year, Senator James G. McCune recommended Virginia make flirting a misdemeanor; like his earlier proposal to outlaw football, this bill did not come to fruition.

Broward County, Fla. transit bus driver Larry Moore “was disciplined 19 times” and “was held responsible for nine accidents with other South Florida drivers.” After a so-called last-chance warning in 2008 he “went on to be disciplined seven more times, for five preventable accidents and two clashes with customers, county personnel records show.”

The Sun Sentinel reported earlier this month that one driver, Charles Butler, who cost taxpayers $73,005 in a lawsuit settlement, was involved in 21 accidents while driving a county bus. Twelve were deemed preventable, and 10 involved him hitting another driver. He is still driving, despite having reached the firing threshold. …

[Transit director Tim] Garling said the county follows the union contract, which calls for progressive levels of discipline.

[Sun-Sentinel, newspaper's earlier coverage of Butler case here and here]

Civil liberties roundup

by Walter Olson on January 7, 2013

  • Drones in domestic policing a liberty danger, warns NYT [editorial, earlier]
  • When prosecutors freeze bank accounts, high-level targets can’t hire the best lawyers to defend themselves. Regrettable unintended etc. [Silverglate]
  • On criminalizing false statements to federal agents [Scott Greenfield vs. Bill Otis]
  • “Congress Has Enough Time to Keep Spying on You, Forever” [Matt Welch; Cato video with Julian Sanchez]
  • More on Philadelphia forfeiture [John K. Ross, Reason, earlier]
  • Homeland Security program: “Public Buses Across Country Quietly Adding Microphones to Record Passenger Conversations” [Kim Zetter/Wired via Fountain]
  • Does Brooklyn indictment signal U.S. claim of universal jurisdiction over acts hostile to its foreign policy, anywhere in world? [Eugene Kontorovich/Volokh]

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Torts roundup

by Walter Olson on December 14, 2012

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For many towns and cities, the cost of building to Americans with Disabilities Act (ADA) requirements can put the price of bus shelters out of reach. However, there’s no legal requirement to build such shelters in the first place. So bus patrons are free to go right on standing outside in the chilly rain or hot sun [Matt Caywood, Greater Greater Washington]

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…and how he spends his Unruh Act windfall results in — did you guess? — more legal complications. [Gendy Alimurung, L.A. Weekly via @andrewmgrossman; Nowell's earlier legal battles here and here]

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In Rockville, Maryland, a ten-year-old kid is riding the city bus [Free-Range Kids]

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Snags for the D.C. subway system [Washington Post via @andrewmgrossman]

The first shipment of the new [SmarTrip card] machines did not have the audio and Braille features required under the Americans with Disabilities Act. But Metro thought it could roll out the machines and add the audio and Braille a couple of months later. When disability advocates raised concerns, Metro realized that going forward would violate the ADA, and the transit agency halted the rollout.

So nearly three weeks after every station was to have its own SmarTrip card dispenser, riders at nearly half of the stations in the Metrorail system are out of luck if they need to buy a card.

Riders who stay with paper Farecards are charged an extra dollar a trip.

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September 26 roundup

by Walter Olson on September 26, 2012

  • I suppose it will be said to “politicize” the Florida Supreme Court races to point out that Justices Quince and Pariente joined awful, politicized rulings on everything from liability suits to Bush v. Gore [Florida Current]
  • Courtesy of the taxpayers: “TV sitcoms to incorporate Obamacare pitches?” [Jazz Shaw, HotAir]
  • “Bringing out-of-state cases to Philadelphia simply for … filing fees is a wrong-headed policy.” [WSJ Law Blog]
  • GM and Chrysler bailout: Steve Chapman corrects Jumpin’ Jenny Granholm and other myth-spinners [Chicago Tribune/ABJ, earlier]
  • “Transit agencies may get reprieve from patent troll” [Greater Greater Washington, earlier here, etc.]
  • Another view of the beef producers vs. ABC (“pink slime”) case [Steven Brill, Reuters, earlier]
  • “A Fine for Doing Good: The Justice Department sues a bank for prudent lending” [WSJ editorial]

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As policy, it’s truly atrocious. So why is it so hard to reform? [Jeff Horwitz and Chris Cumming, Slate]

Greater Greater Washington covers a story we linked a while back:

Jones doesn’t actually develop or sell any technology relating to real-time vehicle tracking, but that hasn’t stopped him (and his two offshore firms, ArrivalStar and Melvino Technologies) from punishing anyone who does. To date, he’s filed more than 100 lawsuits against anyone who uses such technology—everyone from Ford to Abercrombie & Fitch to American Airlines to FedEx. He’s now one of the top 25 filers of patent infringement suits, according to PriorSmart.com.

Prominent among ArrivalStar’s recent targets have been municipal transit agencies, at least ten of whom it has sued, with another eight getting demand letters. Several have settled, including the New York City, Boston, Chicago and Maryland authorities; critics say the settlements are typically for less than the cost of defending the suits and are accompanied by nondisclosure clauses in which the transit operators agree not to talk about their experience.

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Because of a mounted dashboard camera, you can watch the footage of a Quincy, Ill. municipal transit bus on its seemingly uneventful ride until an oncoming car suddenly loses control and swerves directly into its path. [KHQA] If you do watch the footage, released by the plaintiff’s lawyer, see whether you would have predicted that the legal outcome of the crash would turn out to be “city pays $4 million to passenger in car that lost control.” (& welcome Reddit readers).

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I’m quoted by Scott Reeder on the regulatory obstacles a Bloomington, Ill. woman faces in trying to start a taxi business. [Reason]

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Agreeing with the Obama Department of Justice, a federal judge has ruled that New York City cannot create more taxicab medallions unless they are for wheelchair-accessible vehicles [AP]. The administration of Mayor Michael Bloomberg says full wheelchair conversion of the taxicab fleet, as demanded by litigants, would cost on the order of $900 million over five years. It would prefer to serve wheelchair patrons through a network that could summon specialized cabs on demand, but some of its adversaries dismiss that alternative as smacking of separate-but-equal.

Lawyer and author Philip K. Howard points out in a NYDN op-ed that the relief demanded

would require, over the next five years, that all 13,000 New York City medallion cabs be replaced by cabs that cost about $15,000 more – basically to have their frames cut and then stretched to accommodate a ramp and room inside for a person in a wheelchair. …

The larger taxis are generally about 800 pounds heavier and use about 20% more fuel – raising costs and polluting the air. Stretched taxis have harsher suspensions, and are therefore less comfortable for most users, as well as more dangerous (because they are less maneuverable and harder to stop).

See also NY1, WSJ, NYDN (DoJ weighs in on plaintiffs’ side); Matthew Daus/NYT; NYDN (editorial backing mandate), NY Post (opposing mandate); Capital New York (city files notice of appeal). More: Bader. Update Mar. 21: stayed pending appeal.

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The circumstances were unusual — an injury during a blindfolded, helmetless demonstration — but a legal cloud might still be forming for the unique personal transportation device. [Boston Herald via Miller]

P.S. Connecticut Law Tribune (via TortsProf) has much more on the case.

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Medallion prices have surged to the $1 million level. If that’s not enough to get the city to consider letting in more operators, whatever would be? [Mark Perry, Felix Salmon]

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Last week two trolley cars collided in downtown Memphis, and according to Allison Burton, a spokeswoman for the transit authority, some bystanders attempted to board the cars and fake injuries. Burton “said witnesses saw at least eight people run at the trolleys following the wreck” and at least two appear to have gotten in. [Commercial Appeal] Earlier bus-jumping here, etc.

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