The TLC, George Bush, Lawyers and Loyalists

Here is my letter to Bruce Ackerman, Sterling Professor of Law and Political Science
at Yale Law School

Dear Prof. Ackerman:

I took your class at Columbia law in 1987 and read with great interest your piece this morning in Slate on the president’s secret domestic spy program [The Secrets They Keep]. I think your theme is universal as it put me in mind of my long-running litigation on behalf of NYC taxi driver against the NYC Taxi and Limousine Commission, albeit on a smaller, local scale

In my case, the TLC reacted to publicity by movie star Danny Glover, who claimed that cabbies sometimes him service because he is black. While the city has long had laws and TLC regulations concerning service refusals, which included a specific penalty scheme for violating those laws, the TLC blatantly disregarded it. The agency proceeded to suspend taxi driver licenses without hearings. It then sought to revoke licenses, despite the law stating that the penalty for a first violation was a fine. (Revocation is allowed—but for a third offense.)

Rather than act publicly, the TLC acted in dark of night, never announcing the new penalty scheme, never seeking to amend the governing statute or even its own rules. The TLC was aided in this respect by its chairwoman Diane McGrath-McKechnie, a political appointee, and her hand-picked general counsel Matthew Daus. At a deposition, Daus testified about his loyalty: “My duty of loyalty, in my view, is to my client, which is Diane McKechnie.” Thus the chairwoman served her bosses politics (Mayor Giuliani was about to run for Senate against Hillary Clinton) and the lawyer served the chairwoman. The law and the Constitution were not served at all.

Reading your piece this morning, it was very familiar indeed.

All the best,

Dan Ackman

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