Banned airport taxis are allowed to return; Judge rules against Mayor Jackson's plan

Dec. 4, 2007

Cab drivers for four companies banned from the taxi line at Cleveland Hopkins International Airport expect to return there soon after scoring a victory Friday in federal court.

ABC Taxi, Airport Taxi, USA Taxi and United Cab are challenging a new city contract that gives three competitors almost exclusive rights to pick up passengers leaving the airport.

U.S. District Judge Peter Economus ruled that Mayor Frank Jackson's plan violates the 14th Amendment by excluding some companies from the bidding process. Economus issued a preliminary injunction to allow the displaced cabbies back at Hopkins.

"It's a fabulous ruling," said Diane Citrino, a lawyer for the excluded companies. "They are ecstatic."

Economus also criticized Cleveland officials for not negotiating with the owners' attorneys at a court-ordered hearing Tuesday, bemoaning that their position "lacks candor."

The city has appealed to the 6th U.S. Circuit Court of Appeals.

"We were brought into court because we required a certain standard of services at the airport and someone is disagreeing," Jackson said in a phone interview Friday. "We are within our legal right. We've followed all of the appropriate procedures."

The injunction requires the four companies to pay $2,000 toward a security bond before they can return to the Hopkins taxi queue, which they were banned from Oct. 9. Citrino said she expects the payment to be processed in the coming days, perhaps as soon as Monday.

Her clients were shut out of the airport's new taxi service as part of a major overhaul ordered by the mayor and his airport chief, Ricky Smith.

Their plan called for new cabs, equipped with security cameras and technology to help drivers find their way, to debut last month. But the contract's minimum requirements - involving annual income and years of experience - eliminated all but Ace, Americab and Yellow Cab from bidding.

The other four companies have been limited to picking up pre-arranged fares at Hopkins or dropping off passengers. Owners of those companies filed a discrimination lawsuit last month.

Barring a deal with the city or a reprieve from the appeals court, Citrino expects the case will continue in Economus' Youngstown court, where a permanent solution could be decided.

Ace, Americab and Yellow Cab already have bought some of the new cars required for the contract. Citrino's clients have offered to buy a share of those cabs from their competitors to ensure those three companies don't lose money on the deal.

But city officials have been unwilling to budge, a stance that miffed Economus. The judge noted how last year the city wanted to award the new contract solely to Ace but reconsidered.

Yellow Cab owner Brian McBride questioned Economus' ruling.

"By sending them back there, all you can do is create a mess at the airport, because it was a mess before," McBride said. "Whatever. Life goes on. What am I going to do?"

Citrino said her clients remain willing to strike a deal.

"We think it would be in everyone's best interest," she said.

Jackson and Cleveland Law Director Robert Triozzi again brushed aside calls to negotiate.

"This is more than just airport taxi concessions," Triozzi said. "We do this with all of our contracts. Part of what's being defended here is the principle for the city to have its standards."

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