The Latest Lawsuit Against the TLC

Another lawsuit against the TLC was filed today, this one challenging the TLC's hybrid cab rules, a program pushed by Mayor Bloomberg. The case is being prosecuted mainly by taxi fleet owners, not taxi drivers, who I have represented. The fleets say that the hybrid cars have nit been tested against the rigors of 24-hour driving on NYC streets. Legally, the major claims are that the TLC's rules regarding minimum mileage standards for taxi cabs are preempted by federal laws that mandate that only the federal givernment may regulate gas mileage standards. The lawyers on the case are from Emery Celli, a prominent civil rights firm that has some recent successes in strip search class action cases.

Given that NYC taxis drive almost exclusively in dense urban traffic, where a hybrid's advantage in mileage is most pronounced, why are the taxi fleets so adamantly against Mayor Bloomberg's plan? The answer is taxi economics.

While the taxi fleets (and other non-driving taxi owners) purchase and maintain cars, the taxi drivers pay for gas. So the fleets bear the costs of maintaining more expensive vehicles, which may be more costly to maintain, but the drivers get the benefit of better mileage. And the fleets have never much cared about drivers.

In stark contrast to the draconian programs that affect drivers, which have been enacted without any legitimate process, it is clear even from the complaint in the fleet's action that the TLC, in promulgating the mileage regulaitons, allowed for public hearings, notice and comment.

Two reasons why Giuliani hates community organizers

Former presidential candidate Rudy Giuliani got a big laugh when he mocked community organizers. But it's not a trivial point. Republicans dislike community organizers because they reject the idea of collective solutions. If you need a park, get a backyard. if you need a job, get it yourself, or, more accurately, from your family and social connections.

Giuliani's distaste for community organizers is less political and more visceral. Community organizers try to help people without power, and themselves have little power. Giuliani's style is to mock the powerless and his belief is that he knows what's best so input from unelected types (or even lesser elected officials is entirely unwelcome.

McCain and the Base

It seems to me that Sarah Palin is more popular with the delegates (and perhaps the hard core base) than is John McCain. The fact is McCain is minority candidate in the party. If there had been a single right wing stalwart (like George Bush) instead of the four headed doofus of Romney, Huckabee, Thompson and Giuliani, he would have lost. So now he is not even particularly popular with his party. So he needs Palin and the Christian right, who he used to attack.

The Company He Keeps

Listening to the Republicans laud Senator McCain and especially his heroic biography, it's pretty convincing. The problem is that as McCain has neared the nomination, the quality of his company has deteriorated. Now he sucks up the the Christian right, to the creep Giuliani, and to the anti-science Sarah Palin. And the people in the hall ...

Palin is "electrifying" the crowd by saying that you can trust McCain never to waiver, but by picking Palin, he has done just that, turned back on his principles and beliefs.