Rockland sues to block congestion pricing

Rockland County Executive Ed Day and the County of Rockland have filed a federal lawsuit against the Metropolitan Transportation Authority (MTA) and the Triborough Bridge and Tunnel Authority (TBTA) to try to block congestion pricing tolls from being put into effect. The MTA board yesterday voted to adopt the schedule of tolls that was been proposed and implement congestion pricing in June.

The plaintiffs in the lawsuit are the County of Rockland and Edwin J. Day. It seeks an injunction to block the tolls from going into effect. Private cars going below 60th Street in Manhattan would face a $15 daily toll and other vehicles would be subject to tolls of various levels.

Republican Congressman Mike Lawler whose 17th Congressional District contains all or parts of Rockland, Putnam, Dutchess, and Westchester Counties, on March 28 expressed his support for the Rockland lawsuit.

“Rockland County commuters are being screwed by the MTA on a daily basis, and now they’re pouring salt in the wound with their $15/day cash grab,” Lawler said.“Instead of working to provide Rockland County commuters with a true one-seat ride to New York City, the MTA is doubling down on bad revenue-raising policies. Until the MTA gets its own house in order, and figures out why billions of dollars fall victim to waste, fraud, and abuse, it shouldn’t see one extra dime from Rockland County taxpayers.”

Ed Day
Ed Day.

“We are joining the fight against the Congestion Pricing Plan and its grossly unfair impact on Rocklanders and other west of the Hudson commuters,” said Day.

County Attorney Thomas Humbach said, “The way this is being implemented is unfair and inequitable which is what the lawsuit is about.”

The complaint contends that the toll is invalid and should be enjoined because:

  • It violates the Equal Protection Clause of the New York State and United States Constitutions by discriminating against drivers from outside the central business district, and in favor of people who garage their cars within the district. Despite individual drivers from both groups adding equally to congestion, people from outside the Central Business District (CBD) have to pay a toll and those who garage their cars inside do not have to pay a toll unless they leave and re-enter.
  • The toll is an illegal tax. The MTA/TBTA, with their wide portfolio of goals, responsibilities and powers, act as a government in spending the revenues for the general public benefit. This is the hallmark of a tax. The Legislature did not authorize the MTA/TBTA to implement a tax, but only a toll. The New York State Constitution requires taxation authority to be expressly stated by the State Legislature, which it was not. Thus, the toll constitutes an illegal tax and the MTA/TBTA should be enjoined from implementing it.
  • The MTA/TBTA failed to properly analyze the possibility of a toll reduction for persons paying the GWB toll or other tolls for transportation infrastructure. This was a duty of the Traffic Mobility Review Board. The MTA/TBTA should be enjoined from charging Rockland residents the toll until this is properly studied.
  • Because the toll is implemented to deter people from driving it is subject to the Eighth Amendment prohibition against excessive fines. The toll constitutes an “excessive fine” because, among other reasons, it arbitrarily penalizes an otherwise legal activity, driving in midtown and lower Manhattan. Also, because it is not charged in any scale to the amount of congestion or other factor intended to be deterred by the toll, even very short drives receive the full impact of the toll.

Rockland is not alone in going to court to try to stop the new tolls from going into effect. The State of New Jersey and the mayor of Fort Lee, New Jersey, have filed suits. staten Island Borough President Vito Fossella has filed a lawsuit, as has the United Federation of Teachers. In addition, two groups of New York City residents have taken court action to try to stop the MTA in its tracks.

State Sen. James Skoufis, who represents part of Orange and Rockland Counties, is one of 18 members of the State Legislature who joined the United Federation of Teachers’ lawsuit. Also joining was Assemblymember Aileen Gunther whois from Middletown. Skoufis had said that wha the MTA was doing was completely unfair to residents of the Hudson Valley who have to commute to Manhatan. He pointed out that while the MTA treats the Hudson Valley as part of its prime service area when it comes to collecting taxes, when it comes to providing mass transit services the MTA puts the Hudson Valley in the back seat.