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Appeals Board Upholds Approval of 69 More Cabs

Drivers Get One-Two Punch
Following Gate Increases

By Dave Schneider

San Francisco's Board of Appeals has sustained a decision of the Taxi Commission expanding the fleet in these troubled economic times by approving 69 new medallions, bringing the size of the fleet to 1,500.

Appeals commissioners validated the decision of the Taxi Commission as being in accord with the legally required “public convenience and necessity” standard, despite the requirement contained in Proposition K of 1978 that the burden of proof for such a decision be by “clear and convincing evidence.”

If anything, the evidence was unclear and conflicting. The Taxi Commission's survey of taxi availability — the main evidence in favor of more cabs — was concededly flawed. There was little input from the public, and drivers lined up on both sides of the issue. Most of the testimony in favor of more cabs came from drivers on the waiting list for a medallion.

The hearing can be viewed on SFGTV, by going to the city's website, www.sfgov.org under Video on Demand, agencies, Appeals, Board of, for April 2.

The appeals were brought by United Taxicab Workers, Barry Taranto and Peter Witt and were heard simultaneously by the Appeals Board, comprised of President Michael Garcia, Vice-President Frank Fung and Commissioners Robert Haaland, Randall Knox and Tanya Peterson. Comm. Haaland cast the only dissenting vote.

On May 7 the board unanimously denied Peter Witt's request for a rehearing, finding he hadn't presented new evidence that wasn't available when the appeal was first argued. The request for rehearing can be viewed on SFGTV, Video on Demand for May 7.

The new medallions are in addition to the 50 approved last year. Those cabs are now on the streets. The medallions will be issued to drivers at the rate of 10 per month.