The Bronx Defenders Files Brief on Behalf of Amici Curiae in Support of Taxi & Limousine Commission Licensed Drivers
NEW YORK, N.Y. — The Bronx Defenders Civil Action Practice filed an amicus brief on behalf of itself and six amici curiae including the Community Service Society of New York, Legal Action Center, Neighborhood Defender Services of Harlem, Youth Represent, Urban Justice Center Mental Health Project, and Brooklyn Defender Services in the 2nd Circuit Court of Appeals supporting the Plaintiffs-Appellants in Stallworth et. al. v. Joshi.
We argue that the Taxi & Limousine Commission (TLC) hearing process violates the due process rights of drivers by depriving them of a legitimate opportunity to reinstate their licenses before their criminal cases are resolved. This leaves drivers, and the family members who depend on them, to face harsh, irreversible civil punishments based merely on an arrest. Though the commission offers a hearing upon suspension of a driver, they only consider the arrest charges and never consider if continued licensure poses any safety concerns.
Between 2012 and 2016, the TLC suspended 6,669 licensed drivers and only 17 of those drivers had hearings. Additionally, within that time frame, only 15 drivers actually had their licenses revoked, demonstrating that most drivers accused of a crime and suspended are not convicted of a crime or revocable offense.
The TLC’s approach exposes our clients to extended economic strife, evictions, accumulating debt and other hardships which are compounded by delay in the criminal court system. Thus, our clients are put in an impossible position: fight the case but remain jobless or take a plea for a crime they did not commit to get back to work.
Read the full brief here.