RIOC Rejects FOIL Request To Make Public Legal Analysis Denying Roosevelt Island Residents And Workers Priority Boarding Preference On The Roosevelt Island Tram - RIOC Hiding Behind Attorney Client Privilege And Refuses To Waive Claim

According to the Roosevelt Island Operating Corp (RIOC), it is illegal to give Roosevelt Island residents and workers preferential boarding on the Roosevelt Island Tram before sightseeing tourists.

As previously reported, last November, I submitted to RIOC a Freedom of Information Law (FOIL) request for:

 ... a copy of the full legal analysis (not the previously released public statement) that RIOC is relying on for its current position that resident/worker Tram boarding preference would be illegal. If necessary, please consider this a FOIL request. 

and followed up: 

 ... Also, please include copies of any Franchise Agreement with NYC that RIOC is relying on to assert that a resident and worker boarding preference for the Tram is illegal....

On January 8, RIOC provided copies of the Tram franchise agreements but denied my FOIL request for the legal analysis. Later that day, I appealed RIOC's denial of my FOIL request for the legal analysis as well as followed up by asking for:

... any other agreements with any party including the MTA that RIOC is relying upon to assert that a resident and worker boarding preference for the Tram is illegal....

On January 27, RIOC denied my appeal for their legal analysis via this letter.

I replied to RIOC later that day asking:

... Assuming for the sake of argument that the legal analysis is subject to attorney client privilege, RIOC can waive that privilege and make the analysis public.

In the spirit of transparency and openness, I am requesting that RIOC waive any privilege regarding the public release of Tram priority boarding preference for residents and workers legal opinion and send me a copy of it so I can publish it for the Roosevelt Island community.

The issue of tram boarding priority preference for residents and workers is of great concern to the Roosevelt Island community.

Please let me know if RIOC will waive any attorney client privilege on this matter and make the legal analysis of this very important issue public for the community to understand. If RIOC declines to waive the privilege, please explain why RIOC does not want the Roosevelt Island public to see this information.

RIOC Associate General Counsel Lada Stasko answered today:

Please be advised that RIOC has concluded its review of the referenced matter and is closing the file. We will not respond to any further correspondence about this matter.

Thank you for your attention.

Here is the August 28, 2023 RIOC statement on Priority Service at the Roosevelt Island Tram

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Supporters of Roosevelt Island Tram boarding preference for residents and workers dispute RIOC's legal interpretation:

Click here to view the Roosevelt Island Tram Franchise agreements with NYC.

I'm still waiting to see if there are any other agreements RIOC is relying upon for their claim that Roosevelt Island resident and worker priority preference boarding the Tram is illegal.