Here is a link to the decision on the Under lawsuit regarding the FHV cap. Click here. But I must throw in my 2 cents. I said it when this lawsuit was filed, that it has no shot in hell. The Court’s go to great lengths to give cases and legal issues the proverbial “punt”. In other words, let someone else do the heavy lifting. Judge’s do not want to peel back the curtain and make a bold statement that the legislature went too far in granting an administrative body too much power. The Court, in this case, disagreed with each and every one of Uber’s arguments. I can not fault Uber for trying but the reality is that an Article 78 proceeding claiming an administrative body acted arbitrary and capricious is lick climbing Mt. Everest in your underwear. It is almost impossible to win. No matter how many high powered and extremely expensive of a legal team they assemble, this case had no legs form the start. The City claims victory, but it is the rest of the industry that suffers from the poor judgment of the regulatory body calling the shots. The NYC Taxi and Limousine Commission has been screwing up this industry since Bloomberg’s 2nd Term. It all started with former Chairman David Yassky and has continued unabated. The hits just keep on coming.

I do not expect anything from the TLC as they have proven to be inept. I do not expect anything from the Mayor’s office as deBlasio has proven to only care about taking campaign donations from the FHV industry but not actually helping it in any way…that is unless he will benefit politically. What bothers me is that in order for the law to progress, you need one judge who is going to stop the madness and say the regulatory agency went too far. If the government does not like it, then they can appeal and that is how case law is made. Binding authority from a higher level court that rules on an issue. No case law is made by having a judge dismiss a case and punt to possibly face the issue another day. In New York City, the administrative entities do not possess the necessary technical expertise and should not be blindly given considerable discretion to flesh out a policy broadly outlined by legislators. When the NYC Taxi and Limousine Commission actually shows it has technical expertise, I will change my tune. Until then, just because an administrative body exists does not mean they should be given the broad discretion this Judge found fit to bestow upon them.