NY trial court nixes state law on city taxis

Here’s an interesting one:  the Bloomberg administration apparently could not get the city council to pass the taxi cab reform legislation it desired, so it went straight to the state legislature to pass the law implementing its proposed reforms.  The legislation was then challenged as an unconstitutional regulation of “local” affairs under the New York Constitution’s Home Rule clause, in part because the New York City Council never sent a “home rule message” – a request that the state legislature pass a law regarding a local matter – to the state legislature.  Somewhat ironically, the city law department argued that the state law was not an unconstitutional infringement on local power, whereas the opponents of the law (the taxicab industry and others)  argued that it was.  Judge Arthur F. Engoron, of the New York Supreme Court, in a colorful opinion, invalidated the law.

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About pdiller

Paul Diller is an associate professor at Willamette Law whose research focuses on local government, policy innovation, the police power, and related issues of state and federal constitutional law. His scholarly work has appeared in, among other journals, the Stanford Law Review, The University of Chicago Law Review, the Michigan Law Review, and the Georgetown Law Journal. In recent years, Diller has worked on local obesity prevention policy with a leading nonprofit public health organization. Diller graduated from the University of Michigan Law School and the University of Pennsylvania, both magna cum laude. In his spare time, he enjoys baseball, snowboarding, drinking coffee, and spending time with his family.

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