RIOC Lawyers Say It's Illegal To Have Separate Line For Roosevelt Island Residents Boarding The Extremely Overcrowded Roosevelt Island Tram - But RIOC Directors Report Being Told By PSD That Elderly, Disabled And Families With Young Children Can Go To Front Of Crowded Tram Line
Recently appointed members of the Roosevelt Island Operating Corp (RIOC) Board of Directors Lydia Tang and Ben Fhala continued their community outreach initiative at the August 26 Saturday Farmers/Flea market.
For the second week in a row, Ms Tang and Mr Fhala set up a table at Good
Shepherd Plaza to engage their fellow residents in a conversation about the
upcoming F train service disruptions (which started today) and extreme
overcrowding at the Tram caused by tourist traffic.
Ms Tang also reported:
... Seniors and disabled and families with young children get to cut the line on the Tram because they're special passengers. They can go up to the front of the line and get on the tram before the regular population .
Mr Fhala added:
... We heard that from PSD if you're a senior or if you're a person with young children just go to the front of the lines and let them know that. They should allow you to go through....
I asked Ms Tang and Mr Fhala what Roosevelt Island residents and workers have been pleading for due to the overcrowding by tourists at the Tram - separate lines for residents/workers and tourists.
Ms Tang replied:
... We found out according to our General Counsel that it's illegal... legal counsel says we're not allowed to. It's illegal to have a separate resident line. So unfortunately we run up into two constraints, physical and legal....Mr Fhala added:
... I wouldn't go to the details because we're not lawyers.... I think it's the best not to go into details...
This morning, I asked RIOC President Shelton Haynes:
During our conversation prior to the OMNY press conference last Thursday you mentioned that no other RIOC President has allowed a separate Tram line for Roosevelt Island residents and that it would be illegal to do so. You also indicated that if you could set up a separate line for residents you would do so.
I understand that RIOC General Counsel Gretchen Robinson has issued a legal opinion that it would be illegal for RIOC to establish a separate line on the Roosevelt Island Tram for residents.
What is the basis for that legal opinion?
I am preparing a story on this subject for this afternoon.
Please provide a copy of the legal opinion which I will include in the story.
Also, if RIOC wishes to comment on the matter, please let me know and I will include it in the story.
Mr Haynes did not respond directly to my inquiry, but this evening RIOC sent out an email statement and social media message on the subject of Tram Priority Service for Roosevelt Island residents. According to RIOC:
Roosevelt Island Community:
The Roosevelt Island Operating Corporation has evaluated the possibility of implementing various preferences for Roosevelt Island residents in accessing the Tram, and we have chosen not to move forward with these proposals due to various legal and policy constraints. We understand the difficulties this disruption in F-train service has created for Tram riders (especially residents), however, we believe the creation of either a priority line or a reduced fare for residents would violate state law and could have adverse legal consequences for the Corporation.
Under New York State law, the Roosevelt Island Tram qualifies as a common carrier, just like the New York City Subway, the Long Island Railroad, Metro-North or any other mass transit system. Common carriers are prohibited by law from discriminating against people based on their residency. Per New York Transportation Law § 101, regarding unjust discrimination:
No common carrier shall, directly or indirectly, by any special rate, rebate, drawback, or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be rendered in the transportation of passengers or property, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under the same or substantially similar circumstances and conditions.
Likewise, New York Transportation Law § 102, prohibits unreasonable preferences:
No common carrier shall make or give any undue or unreasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic in any respect whatsoever, or subject any particular person or corporation or locality or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
Simply put, we cannot discriminate for or against any group of riders based on their residency, and we believe that either an express line or reduced fare for Island residents would violate these provisions of the Transportation Law.
Additionally, we believe that implementing a resident-only fare would violate the terms of multiple contracts that RIOC has entered over the years with the City of New York and the MTA. The Tram operates under a franchise granted by the City of New York and the New York City Council. Under the terms of that franchise agreement, RIOC must, by contract, charge the same rates and offer the same fares as New York City Transit. Based on the City’s franchise, RIOC then entered into agreements with MTA covering fare collection at the Tram which include the same restrictions. RIOC would therefore be breaching these agreements if we created any new or different service than what is provided in the larger mass transit system.
Finally, and perhaps most importantly, RIOC is a New York State public benefit corporation tasked with operating and maintaining Roosevelt Island, yes for residents, but also for all New Yorkers and any visitors alike. RIOC is proud of the iconic Roosevelt Island Tram, and we are proud that it is open equally to all New Yorkers and to the millions of people who visit New York City every year.
My response to RIOC's statement.
First of all, nobody that I’m aware of is asking for a reduction in the Tram fare for residents. That would do nothing to alleviate the long lines and overcrowding. It’s a straw man argument.
Second, the statute cited by RIOC relies on an “undue or unreasonable preference or advantage” standard.
Proponents of a separate line for residents/workers would argue that the Tram is an essential mode of transportation that has limited capacity. The overcrowding by tourists causing long lines and waiting times exacerbated by the current F train service disruption has a substantial negative effect on the quality of life for residents and workers including elderly, disabled, parents with strollers, students going to school etc.
It is entirely “reasonable” for RIOC to permit preferential boarding on the limited capacity Tram for residents who need the tram to pursue their daily activities over tourists who are using the Tram as a sightseeing amusement attraction.
Also, several residents have reported that at one time the Tram did give priority to Roosevelt Island residents over tourists. Here's an excerpt from May 29, 1976 NY Times article that proves it.
Resident preference for the Tram was already done. Why not again?
By the way, how was your commute today on the first day of the F Shuttle? Any problem on the subway or Tram.
Read the comments and add your own.
UPDATE 10 PM:
RIOC Instagram post has some interesting comments too.
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