By Hank Russell
The Town of Hempstead announced that it has filed a federal lawsuit against the Metropolitan Transit Authority (MTA) over is proposed congestion pricing plan that is slated to go into effect on June 30.
Under this plan, otherwise known as Central Business District Tolling, those who are driving cars will pay $15 to enter Manhattan below 60th Street, while truck drivers will be charged $24 to $36, depending on their size. The toll will be in effect from 5 a.m. to 9 p.m. from Monday through Friday and 9 a.m. to 9 p.m. on Saturday and Sunday. In addition, motorcyclists, taxi and ride-share drivers, first responders and daily commuters will have to pay.
Town Supervisor Dan Clavin was joined by members of the town board and other local elected officials at a press conference in front of Town Hall on May 2 denouncing it as a regressive tax that will hurt middle-class families and small businesses.
“The MTA’s poorly conceived plan to implement congestion pricing is just another cash-grab scheme that will once again come at the expense of hard-working Nassau residents who are just trying to get to work,” said Clavin. “I believe that not only is this regressive tax unconstitutional, but the entire program is beyond tone deaf, as more and more residents leave our region as they continue to get priced out by Albany’s reckless tax and spend attitude.”
Councilman Dennis Dunne, Jr. called congestion pricing “just another tax on the back of Long Islanders” in which the tax money “is being collected from Long Island that will never be used for Long Island.”
“Long Islanders commute to the city every day for all different sorts of occupations,” said Councilwonan Melissa “Missy” Miller. “Nurses, firefighters, police officers, teachers all provide an invaluable service to New York as a whole, and they do not deserve to be unfairly taxed for commuting to their occupation.”
“Congestion pricing has reared its ugly head once again,” added Councilwoman Laura Ryder. “The MTA must be held accountable for their attempts to tax Long Island commuters, and I support our legal challenge against congestion pricing.”
Joshua Liebman, a partner with the Garden City law firm Rosenberg Calica & Birney, LLP, filed the lawsuit with the U.S. District Court for the Eastern District of New York on behalf of the town. He acknowledged that other entities have already filed their lawsuits but emphasized “this is not a novelty” lawsuit, nor was it filed at the eleventh hour.
On February 22, according to Liebman, Clavin filed a petition against the Federal Highway Administration, saying the agency “didn’t have the requisite authority to” impose the commuter tax.
Responding to the lawsuit, Long Island Rail Road President Rob Free said in a statement, ““This lawsuit is coming from the people that were against Main Line Third Track. Think about that. I think everyone would agree Main Line Third Track was a resounding success. We are getting kudos from customers: satisfaction is up, reliability is up – 96.8% on-time performance – so I would say this is an investment in Long Island’s future.”
Liebman said they will try to file an emergency motion so that the case can be heard before the congestion pricing plan kicks in and in hopes its implementation can be delayed.
“[The congestion pricing plan] is taxation without representation,” Liebman said. “We are confident congestion pricing will not stand when confronted with our litigation.”