As Governor Hochul announced a new congestion pricing model, New York City Public Advocate Jumaane D. Williams and Transportation Workers United (TWU) Local 100 announced a settlement with the MTA in their lawsuit over cuts to some bus services in the wake of the original ‘pause’ of the congestion pricing program.
Under the terms of the settlement, the MTA reaffirmed that the bus services in question would continue without cuts, and that they “do and will comply with Section 1204(15) of the Public Authorities Law.” The settlement also states that the MTA will not “institute a ‘substantial or general change’ in the levels of service furnished upon its omnibus line facilities without giving not less than thirty days’ written notice.” This follows the original Temporary Restraining Order which the Public Advocate and TWU were granted over the summer, restoring the bus routes in question to the original levels of service.
The New York State Public Authorities Law requires the MTA to give 30 days notice of any non-emergency bus service reduction to the NYC Mayor and Council, and allow for a public hearing. The suit alleged that the MTA failed to provide such notice, and under the terms of the settlement, the MTA must not only adhere to that standard, but alert the Public Advocate and Council Speaker of any coming cuts.
“I’m glad to have this suit resolved in a way that ensures New Yorkers will have access to the transportation options they rely on,” said Public Advocate Jumaane Williams about the settlement. “With the governor reinstating a form of congestion pricing earlier today and the settlement this afternoon, we are showing the critical need to fully fund public transit services for New Yorkers in need, and for agencies to work with the communities they serve rather than imposing harmful changes. I thank the TWU and all who worked on this case to strengthen services for the city's public transit.”
The lawsuit aimed to establish relief from non-emergency, long-term reduction of bus service throughout the city. Roopdai Julie Davis, an 82-year-old resident of Kensington and daily bus rider, joined the suit as representative of the many New Yorkers who suffered as a result of the cuts to service, which began without public notice on or about Friday, July 12.
"The pause didn’t just affect the capital budget of the NYC Transit authority and the MTA," argued Arthur Schwartz, Principal Attorney at Advocates for Justice Chartered Attorneys, who represented the Petitioners. "It affected the operating budget -- and right away, the reaction of the leadership of the MTA was to cut service. New Yorkers should understand that there is a direct correlation between the money that is going to come in from congestion pricing and the subway and bus service that people rely on."
"Unions are not just the guardians for their own work, they are in fact the guardians for the transit system as a whole," said J.P. Patafio, TA Surface Vice President for TWU Local 100. "We stepped right into action when these cuts were going forward to prevent harm to our members and the public at large. So it’s really important to understand the role of the union here—to make sure the service is kept at the right level—and if it’s not, the full force of the union will be used."
This suit was the first in a series to be filed in coordination with a coalition of transit riders, disabled commuters, and environmental advocates as part of a legal effort initiated by Comptroller Brad Lander
“We brought our lawsuits to ensure that congestion pricing would go into effect as required by law – and it couldn’t come at a more urgent time," said New York City Comptroller Brad Lander. "This is a long-awaited win for hard-working bus riders who will finally see less traffic on their commutes and for subway riders who will see modern signals and more elevators."
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