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UTW Sues City to Overturn Retroactive Gate Cap Hike

United Taxicab Workers and three cab drivers have filed a complaint in federal court alleging that the City of San Francisco is preventing drivers from collecting thousands of dollars owed to them by cab companies that overcharged gate fees.

In an earlier case, filed in state court in 2006, UTW and a group of drivers alleged that under city law, cab companies were compelled to lower the fees charged to drivers unless a health plan for drivers was enacted.No health plan ever passed, but taxicab companies continued to charge the higher fees. The drivers filed suit against Yellow Cab, Luxor Cab and Arrow Cab, seeking damages for the overcharged gate fees.

In early 2008, the San Francisco Board of Supervisors enacted an ordinance which attempted to ratify higher gate fees charged by taxicab companies. The ordinance also contained provisions requiring cab companies to meet new emissions standards for vehicles placed in service. UTW believes the unrelated environmental provisions overshadowed the troubling retroactive effects.

In their suit, the plaintiffs allege that the retroactive ordinance violates drivers' federal and state constitutional rights. The prior case in state court has been withdrawn with leave to refile; that will be decided after the federal outcome.

Cab driver and plaintiff Dave Schneider commented,"This is America? We can't even get in the front door of the many hospitals where we drop off passengers. Full time drivers often transport between 6-9,000 passengers per year, pay the companies $25,000 in rent and are lucky to earn over $20,000, if that, plus gas."

Jonathan Siegel, the attorney representing the drivers added, "Given the harsh working conditions in the taxi industry and the meager pay that drivers collect, stripping taxi workers of thousands of dollars is unconscionable. Most drivers in San Francisco are hard-working immigrants with little to no worker protection."

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