Showing posts with label Tram legal opinion. Show all posts
Showing posts with label Tram legal opinion. Show all posts

Wednesday, January 29, 2025

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

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.

Wednesday, January 22, 2025

Update On Roosevelt Island Tram Boarding Priority Preference - NY State Senator Liz Krueger Joins Mayor Adams, Assembly Member Seawright, Council Member Menin And Community Board 8 Supporting Some Form Of Priority Preference For Locals - But RIOC Still Says It's Illegal

Manhattan Community Board 8 approved a resolution in support of Roosevelt Island Tram boarding priority for NYC residents by a vote of 32 to 9 during last week's January 15 meeting. As previously reported;

... The Community Board has no power to implement such a policy but it's support may be helpful in persuading RIOC and the Governor to do so....

Well, some progress was made today when NY State Senator Liz Krueger, who previously has not been supportive of Roosevelt Island residents and workers Tram boarding priority, released a statement in support of NYC resident boarding priority on the Roosevelt Island Tram. According to Ms Kreuger:

The Tram’s popularity during peak tourist season is having a severe impact on Roosevelt Island residents, causing real hardship on their daily commutes to work, school, or critical appointments. For this reason, I support the resolution passed by Community Board 8 requesting NYC residents be given priority boarding on the Tram. 

However, I also understand the complex practical realities that make this approach challenging to implement, including state Transportation Law, contracts between RIOC and the MTA, and other franchise agreements with the City. 

I urge RIOC to explore workable options for implementing the resolution and present their findings to the community. In the meantime, I continue to press RIOC to increase the speed of the Tram to what it previously was, and I am pleased that the FCC dedicated signal for the Tram has been approved, which should expedite this process.

Note that Ms Krueger and Community Board 8 support Roosevelt Island Tram priority boarding preference for NYC residents, not limited to only Roosevelt Island residents and workers.

Ms Kreuger now joins Roosevelt Island elected officials including NYC Mayor Eric Adams, NY State Assembly Member Rebecca Seawright and NYC City Council Member Julie Menin who have all expressed support of some type of Roosevelt Island residents and workers priority boarding preference on the Roosevelt Island Tram.

According to Roosevelt Island's NY State Assembly Member Rebecca Seawright:

... regarding overcrowding on the Roosevelt Island Tram. I strongly favor RIOC adopting an action plan that prioritizes access to residents of Roosevelt Island.

The Tram is essential to the transportation of needs of the community. There are numerous categories of people who rely on the Tram, including those with disabilities, senior citizens, workers in all fields, parents and school-age children. Whether it is used for transportation to a medical appointment or a place of business, the Tram is a vital mode of transportation.

While we welcome visitors to enjoy the vibrant life and attractions of Roosevelt Island, a plan is needed that will result in a reduction of wait time and an improved schedule that recognizes resident's usage. In the past, we have successfully advocated for ways to address transportation issues, including the expansion of RIOC's Red Bus service to ameliorate sharp service reductions. Similarly, we fought hard to ensure an F train shuttle during the Direct Track Fixation repairs last year.

Now is the time for RIOC to step up and present an action plan that fully prioritizes resident use of the Tram.

I have sent a copy of my comments to the RIOC leadership as well....

and Roosevelt Island NYC Council Member Julie Menin adds:

As a supporter of Roosevelt Island residents and commuters, I value the importance of ensuring their needs are considered regarding tramway access. The Roosevelt Island Operating Corporation should ask for further clarification of existing New York State Transportation laws to determine the feasibility of prioritizing access to existing public transit.

NYC Mayor Eric Adams supports the idea too:

The Roosevelt Island Operating Corp (RIOC) is still claiming that any Tram boarding preference for residents is illegal. Today, in the RIOC January 2025 newsletter Interim Leadership report, RIOC continues to claim: 
...  that while we recognize residents’ efforts advocating for the Tram priority boarding, the reality is that the Tram is a common carrier and a form of public transportation subject to state laws and certain inter-agency agreements....

Last November, I asked RIOC 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 9, 2025, I received this response from RIOC to my FOIL request.

As far as I can tell, there is nothing in the NYC Franchise agreements provided by RIOC that addresses the legality of Roosevelt Island Tram boarding priority preference.

After receiving RIOC's response to my FOIL request, later that day I replied to RIOC:
... Does your response to my FOIL request mean that there are no agreements other than what you just sent that RIOC is relying upon to assert that a resident and worker boarding preference for the Tram is illegal?

If there are 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, please send me copies and consider my request an extension of the prior FOIL request.

Also, please consider this an appeal of the decision not to provide RIOC's full legal analysis for Tram boarding preference....

On January 10, RIOC Associate General Counsel Lada Stasko answered:

Please be advised that RIOC did not enter to any Tramway franchise agreement with the City other than that was provided to you.

RIOC hereby acknowledges receipt of your appeal below. We will respond to it pursuant to Public Officer Law (POL) §89(4)(a) within ten (10) business days of the receipt on January 9, 2025.

RIOC also acknowledges your follow-up FOIL request for additional records. Please be advised that we need to review the responsive records – which are inter-agency agreements with MTA - to ensure that they are not exempt from disclosure under POL §87(2). We will notify you of our progress within twenty (20) business days.

Thank you for your attention.

 On January 13, I suggested:

Can a solution be found that overcomes RIOC's purported legal obstacle for providing priority Roosevelt Island Tram boarding to those who use the Tram for essential transportation purposes before those using the Tram as an amusement sightseeing attraction?

How about this?

RIOC sets up a permitting system to issue an annual Roosevelt Island Fast Line Pass that is available to everyone, resident, worker or visitor. The Fast Line Pass must be picked up in person on Roosevelt Island at least 24 hours before it can be used.

The Fast Line Pass allows the holder to board the Tram before a person who does not have a Fast Line Pass. A person who only rides the Tram as a one time sightseeing attraction is less likely to obtain the Fast Line Pass than a regular user of the Tram.

Logistics would need to be figured out for how the Fast Line Pass would work in practice, but the bottom line is that Roosevelt Island residents, workers and anyone else who uses the Roosevelt Island Tram for transportation purposes will have priority boarding over those using it for one time sightseeing amusement attraction.

Tomorrow the supporters of Roosevelt Island Tram boarding priority preferences for residents and workers are holding a strategy planning session. You're invited to share your ideas.

Meeting organizer Paul Krikler adds:

We do not to want to wait while RIOC conducts a search for the new CEO. That alone could easily take 6-9 months. Presumably, that person will want some time before taking any big decisions, of which this will be but one of many. We are not prepared to wait for 12-18 months.

Friday, January 5, 2024

RIOC Director's New Year's Resolution To Engage With Local Roosevelt Island Media - First Question On Roosevelt Island Transportation And Resident/Worker Tram Priority Boarding Preference

Ben Fhala was among the three local residents, including Lydia Tang and Dr Michal Melamed, appointed to the Roosevelt Island Operating Corp (RIOC) Board of Directors last June. During the last 7 months, these three new directors have attempted, with varying degrees of success, to bring some transparency and oversight to RIOC.

Mr Fhala sent the following message yesterday to local Roosevelt Island media.

Dear Roosevelt Island Media,

I trust you had a wonderful New Year. As part of my New Year's resolution, I am committed to fostering more extensive discussions on operational and governance topics, particularly with you. My intention is to engage in ongoing dialogues until I am satisfied with the performance of the communications team, executive leadership, and board oversight concerning our fiduciary duties to RIOC and responsibilities to the community.

These communications do not represent official RIOC or full board responses; rather, they reflect my role as an appointed resident board member. My communications often receive approval from multiple board members and, over time, hopefully from the administration. It is imperative that these communications are published in their entirety to avoid any misinterpretation due to the sensitive nature of the topics discussed.

Feel free to respond or challenge any of these communications as you deem appropriate. If you agree, I am willing to address a list of your questions in a structured interview. Should these terms be acceptable to you, I am open to sharing my perspectives on oversight, myself, and general topics of interest.

I look forward to your response. Please understand that, given the significance of these matters, it may take a few days for me to reply. If you decide to publish my communications, kindly ensure they are presented in full to maintain context and prevent any misconceptions.

Thanks,

Ben Fhala* Resident Board Member

*Disclaimer: All statements made by Ben Fhala are made in his capacity as a RIOC Resident Board member. He does not represent the entirety of RIOC nor the full board but serves as a Resident Board member, offering information to the community and its stakeholders. 

A few hours later I responded to Mr Fhala:

Ben & RIOC Board Members

Ben, thank you for your efforts to communicate with the Roosevelt Island community on important issues of concern.

As you may know, there will be no Roosevelt Island F train shuttle service this weekend. As a result, the Roosevelt Island Tram is expected to be even more overcrowded than usual with very long waiting time for residents and workers trying to get back and forth between the Roosevelt Island and Manhattan 2nd Avenue Tram stations.

What preparations has RIOC made to reduce the transportation problems this weekend caused by the lack of F Train Shuttle service?

Will RIOC give Roosevelt Island residents and workers preference on the line waiting for the Tram this weekend? It could be as easy as allowing anyone with a Metro Card preference on the line since most tourists will use the OMNY payment system?

Will Seniors, Disabled and Parents with strollers be allowed to use the Tram elevator without waiting on the line?

Will there be a Red Bus shuttle to Manhattan?

Also, the RIOC General Counsel issued an opinion several months ago wrongly claiming that it would be illegal to create a separate Tram line for residents/workers who use the Tram for essential transportation and others who use the Tram as a Sightseeing attraction.

Is the RIOC Board aware that on December 7, Governor Hochul announced preferential treatment for residents of Queens and the Bronx who use the Henry Hudson Bridge and Cross Bay Bridge with a Toll rebate program which is not available for those who do not live in Queens or the Bronx. See Governor Hochul's announcement here.

If Queens and Bronx residents can receive preferential treatment for use of these bridges not available to others, will the RIOC Board provide a preference for Roosevelt Island residents using the Roosevelt Island Tram? If not, why?

Please let me know if the RIOC Board or staff have any comment on this matter?

Thank you. 

 Mr Fhala replied:

Thank you for your prompt response.

I am inclined to focus on more enduring questions, steering clear of any interference with the current administration. My hope is that lessons were learned from the past shutdown, and improvements will be evident. I hope that with the track switch the executive team has coordinated with the MTA to confirm the station will remain accessible.

As I understand it, PSD will be on-site managing traffic. I wish to express my confidence in Chief Kevin Brown's ability to assist commuters, especially those of age, disabled, and with young children. To my knowledge, there hasn't been any change in this directive. Despite the known conflicts between certain resident board members and the executive team, I am optimistic that a focus on the best interests of both RIOC and the community will prevail. @Brown, Kevin (RIOC) can you confirm and/or add any additional notes?

In the coming week, I plan to brainstorm with fellow resident board members articulate more comprehensive answers and thoughts in regards to your non-weekend specific questions.

A final note to our fellow residents: ther is no doubt that this weekend will be challenging one; If possible, consider avoiding the tram this weekend to alleviate stress on the RIOC operated systems. Instead, explore the alternative options of utilizing the ferry and the Q102.

@Daniels, Bryant (RIOC), is there anything additional you would like to contribute beyond the advisory sent out?

Thanks,

Ben Fhala*
Resident Board Member

*Disclaimer: All statements made by Ben Fhala are made in his capacity as a RIOC Resident Board member. He does not represent the entirety of RIOC nor the full board but serves as a Resident Board member, offering information to the community and its stakeholders.
 RIOC Director Fay Christian replied today:

As stated in the RIOC announcement, this weekend, the MTA will provide bus transportation to subway lines in queens. The bridge situation in queens and Bronx was overseen by Governor Hochul.

I replied to Ms Christian:

Thank you for the response.

Could you clarify what you mean by: "The bridge situation in queens and Bronx was overseen by Governor Hochul."

RIOC"S reasoning is that it would be illegal for a preferential resident/worker line at the Roosevelt Island Tram.

Why does RIOC deem it illegal for resident/worker preferences on the Roosevelt Island Tram when it is legal for preferential resident rebates to be given to Bronx and Queens residents using the Bridges?

Is it within the power of the RIOC Board to set a policy of resident/worker preference on the Tram?

If not, why?

Thanks again.

Ms Christian answered:

Below is the quote taken from your email. I merely restated your comments. 

"Is the RIOC Board aware that on December 7, Governor Hochul announced preferential treatment for residents of Queens and the Bronx who use the Henry Hudson Bridge and Cross Bay Bridge with a Toll rebate program which is not available for those who do not live in Queens or the Bronx. See Governor Hochul's announcement here."

The answer to your questions can all be solved in your quote.

Mr Fhala, together with RIOC, the Executive Chamber of Governor Hochul's Office as well as other NY State Officials

Image From November 14, 2023 RIOC Board Of Directors Meeting

are currently being sued by RIOC President Shelton Haynes and General Counsel Gretchen Robinson. 

According to the lawsuit:

This is a case about how the Executive Chamber for the Office of the Governor of New York (the “Chamber”) and the Roosevelt Island Operating Corporation (“RIOC”) have unfairly subjected Shelton J. Haynes and Gretchen K. Robinson (“Robinson,” and together with Haynes, the “Plaintiffs”), two African American executives, to continuous and pervasive discrimination by, including but not limited to, subjecting Haynes and Robinson to frequent unwarranted investigations by the New York State Inspector General (“NYSIG”) as well as ordering an independent investigation by an outside counsel—something not done for other, more serious allegations—based entirely on specious allegations of wrongdoing. The Chamber did so while simultaneously thwarting Haynes’s and Robinson’s efforts to fight back against the discrimination and defend themselves and RIOC against a multitude of defamatory statements made by a local blogger and a group of disgruntled former employees. After a seven-month investigation by an outside counsel—an investigation that was wholly out of step with prior practice of the RIOC Board of Directors (the “RIOC Board”) and referred to by one RIOC Board Member as a “f****** racist witch hunt”—State officials close to the Governor, led by Defendants Alejandro Valella (“Valella,” who provided updates to the Chamber on the investigation) and Diana Lopez (“Lopez”) intentionally delayed outside counsel’s publication of a report that exonerated Plaintiffs of wrongdoing, and instructed outside counsel to sanitize the first draft of the report to remove and cover up the findings that confirmed and supported Plaintiffs’ ongoing complaints of experiencing racial discrimination while working at RIOC. Other Chamber officials, including Defendants Roger Maldonado (“Maldonado”), Tania Dissanayake (“Dissanayake”), RuthAnne Visnauskas (“Visnauskas”), and Lopez, who were aware of the discrimination findings in the report, have discriminated and retaliated against Plaintiffs by, among other means: (1) installing RIOC Board Members (Ben Fhala (“Fhala”) and Lydia Tang (“Tang”)) —who, from the beginning of their board tenures, have been antagonistic to Plaintiffs—without consulting Plaintiffs (a departure from prior practice); and (2) preventing existing RIOC Board Members—who are supportive of Haynes and Robinson—from filling committee vacancies. Moreover, since Plaintiffs filed this lawsuit, Defendants have continued—and even escalated— their unwarranted targeting of Plaintiffs by initiating yet another frivolous investigation into them, interfering with their ability to do their jobs, and criticizing them to the media. Through their actions, Defendants have also subjected Plaintiffs to a hostile work environment. In doing so, they have made their message to Plaintiffs clear: GET OUT....
Mr Fhala's New Year's resolution is a good start.

Friday, September 1, 2023

RIOC Directors Report Last Week Being Told By PSD That Elderly, Disabled And Families With Young Kids Will Have Preference Boarding Crowded Roosevelt Island Tram, But Will RIOC Staff Follow Through And When? RIOC President Silent And Ignores Providing More Info

As previously reported, during the Saturday August 26 ASK RIOC Directors community engagement session outside at Good Shepherd Plaza, Roosevelt Island Operating Corp (RIOC) Board Directors Lydia Tang and Ben Fhala told me:

... 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 .

... 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....

They also indicated a legal opinion was drafted by the RIOC General Counsel deeming it illegal to provide preferential boarding for Roosevelt island residents and workers on the Roosevelt Island Tram.

On August 29, I asked ROC President Shelton Haynes:

1- During an August 24 Roosevelt Islander Online interview with RIOC Directors Lydia Tang and Ben Fhala, they report being told by the RIOC Public Safety Department that elderly, disabled and families with small kids will be allowed to skip any long line for the Roosevelt Island Tram.

Is this policy currently in effect? If not, when will it be implemented?

How will this policy be implemented? Will they be given some sort of physical identity card or QR code on their phone?

2 - Please clarify RIOC's statement yesterday rejecting a separate Tram line for residents/workers because RIOC lawyers deemed such a practice to be an "“undue or unreasonable preference or advantage” in violation of the Tram's status as a "Common Carrier" under NY State law.

There was no analysis in the statement as to why RIOC concluded that a separate Tram line for residents would be an "“undue or unreasonable preference or advantage".


...  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...

3- 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. Why did RIOC choose to include that in the statement?

4 - Why did RIOC choose not to respond to my press inquiry yesterday about the Tram Line legal opinion but instead sent out an email and Social media statement with RIOC's response to my press inquiry?

I am happy to include RIOC's response in an upcoming article.

There was no response from RIOC.

On August 31, I followed up:

I'm following up on the August 29 email below.

As previously reported on Roosevelt Islander Online, RIOC Directors Lydia Tang and Ben Fhala were told by the Public Safety Department that that Roosevelt Island residents who are elderly, disabled and parents with young kids will be able to skip the Tram line and have priority boarding.

With the Labor Day weekend coming up and expected tourists creating long lines and waiting times at the Roosevelt Island Tram, please confirm:
  1. Is this policy currently in effect?
  2. If not, when will it be implemented?
  3. How will this policy be implemented? Will they be given some sort of physical identity card or QR code on their phone?
Also, please clarify RIOC's August 28 statement rejecting a separate Tram line for residents/workers because RIOC lawyers deemed such a practice to be an "“undue or unreasonable preference or advantage” in violation of the Tram's status as a "Common Carrier" under NY State law.

These are issues of great importance to the Roosevelt Island community. Will RIOC provide an answer?

Still no answer from RIOC.

UPDATE 9/3 -  From Roosevelt Islander Online Instagram page yesterday

Line for Roosevelt Island Tram at 2:45 stretching up 59th street. Overwhelmingly tourists. Am told takes about 15 minutes to get to the staircase. Platform and cabin jam packed. Tram workers and @rooseveltislandny PSD officers doing a good job managing the line. Am told line was not long earlier in the day before 2:30.

Elderly, disable and parents with strollers given priority to board crowded Roosevelt Island Tram using the elevator. Nobody else can use the elevator. Confirmed by PSD officer today.

Taking the @rooseveltislandny Red bus shuttle back to Roosevelt island at 3:30. About 20 people in it. 10 minutes to Roosevelt Island bridge.

RIOC President Shelton Haynes Instagram Page today, Sunday September 3:

Read the comments including mine:

Why do you refuse to talk with local residents about vital Roosevelt Island community issues and answer questions from local independent press as well as posting self congratulatory messages in Social Media?

Monday, August 28, 2023

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.