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Medallion Holders Sue
To Gain Driving Exemption

Two National Cab medallion holders have sued the Taxi Commission and city under the Americans With Disabilities Act (ADA), claiming the act exempts them and others who are unable to drive from compliance with the Proposition K driving requirement. The class-action lawsuit was filed June 26 in Federal Court.

Taxi Commission policy allows medallion holders with temporary impairments to obtain limited waivers of the requirement. But in line with an appeals court decision and opinions of the City Attorney, exemptions are not allowed for conditions that permanently prevent the medallion holder from driving.

This is the latest in a series of attempts by medallion holders to be relieved of the requirement whenth ey can no longer drive. The practical result of such an exemption would be to provide an income for life, paid for through the work of other drivers.

In a previous lawsuit, a state appeals court ruled that Prop K permit holders must comply with a driving requirement, but allowed for flexibility in the amount of driving required for those who are disabled or are company managers.

A 2003 ballot measure that would have provided a disability exemption from the driving requirement was resoundingly defeated, by a vote of 72-28 percent.

The plaintiffs in the case are William Sloane and Michael Merrithew. One of their attorneys is Joseph Breall, a medallion holder at National Cab. The commission revoked Breall’s medallion in 2005 for violating the driving requirement, but he appealed the decision to Superior Court, where the case is stil lpending.