More operating permits for taxis allowed to stand
The legal standard of "clearly erroneous" outweighed driver testimonials on Thursday as the Nevada Transportation Authority declined to second-guess the issuing of more taxi operating permits last year.
Two drivers unions brought the issue to the authority as an appeal of the Nevada Taxicab Authority's vote in August to create the new permits, known as medallions. The action included a mix of full- and part-time medallions, as well as extending the hours of existing ones, putting from 96 to 368 more cabs on the streets of Clark County depending on the day of the week.
Under state law and court rulings, "we have a narrow area we can work with on this," said Michael Kloberdanz, a transportation authority board member, echoing the other two board members.
That confined the transportation authority to reviewing whether the taxicab authority had departed widely from the evidence, the "clearly erroneous" criterion, and stopped board members from substituting their own views.
"I thought the decision would come down as it did, given the way the system is set up," said Mike Jones, a driver and steward for the Industrial Technical Professional Employees Union.
Attorney Richard Segerblom, who spoke for both that union and the United Steelworkers Union, said they will have to decide whether to sue the taxicab authority in Clark County District Court. Even in that forum, he said, the unions would face an "uphill battle" to overturn a regulator's decision.
About 30 drivers spoke against the new medallions. Dozens more showed up, overflowing the 100-seat hearing room at the Grant Sawyer state office building.
Repeating themes from recent taxicab authority meetings, the drivers argued that the new cabs have diluted their incomes, with some calculating that they earn less than minimum wage on some 12-hour shifts.
However, cab company owners have pointed to taxicab authority monthly reports detailing rising revenues and passenger counts as evidence that the medallions have created new business. Only one company had an attorney speak briefly to the transportation authority.
Further, numerous drivers complained of lines at the airport or hotels so long that they had to drive in circles while waiting for passengers or received tickets for parking in off-limits zones.
"There is not enough infrastructure to handle all the cabs on the streets," driver Jason White said. "I am regularly getting tickets, being yelled at by doormen and so on."
Contact reporter Tim O'Reiley at toreiley@review
journal.com or 702-387-5290.
