Justice Arthur Engoron
Taxicab Service Association, a not-for- profit, member-owned credit union lender that finances New York City taxicab license purchases, brought action along with other plaintiffs against defendant The State of New York and others seeking declarations that the subject legislation that allows Mayor Bloomberg to issue up to 2,000 new taxicab medallions, restricted to wheelchair-accessible vehicles; allows the Taxi and Limousine Commission to issue 18,000 “HAIL licenses” valid for street hails in Manhattan north of 96th Street on the east side and north of 100th Street on the west side and the four other boroughs, except at the airports; and mandates the wheelchair-accessibility quotas for medallioned taxis and HAIL vehicles is a violation of the State Constitution. The court granted plaintiffs summary judgment on their “home rule,” “double enactment” and “exclusive privileges” claims and granted defendants summary judgment on plaintiffs’ “improper delegation,” “takings,” and “environmental review” claims. Among other things, the court held that the subject legislation violates the “home rule” provisions of the State Constitution because New York City taxicab service is not a matter of substantial State interest or concern.
