Following Ottawa's Lead, Should Every American and Canadian Taxicab Company Sue Uber and their Home City?
This quote from the judge making the ruling, Superior Court Justice Marc Smith, essentially says it all: "Uber was a bandit taxi company." Smith found that the City of Ottawa "was negligent in enforcing its own taxi bylaws from 2014 until changes were made in 2016 to account for the growing presence of ride-hailing companies like Uber."
What is interesting about this lawsuit, and what makes it potentially a harbinger of future lawsuits against cities, like the City of Seattle, who were clearly complicit in letting Uber and Lyft operate illegally within their municipal borders, is that it shows that victory, the righting of wrongs, is possible. All anyone has to do is to begin shifting through the evidence that exists in public records. We know that Uber was operating illegally in Seattle for over two years. The investigation begins there.
There is also perhaps an untold story both in Ottawa and other cities, and that is one of Uber's influence peddling. At the 2016 Davos, Switzerland World Economic Forum, no less a prominent political entity than then US Vice-President Biden, made positive reference to Uber in his speech to that most powerful gathering of world and financial leaders. Just prior to Biden's endorsement, who had just held a private chat with the Vice-President? None other than Uber's CEO at the time, Travis Kalanick. Why, back in 2014, did Jim Watson, the Ottawa mayor, claim that Uber was only a technology company, thus not subject to existing rules governing transportation companies? Why did Seattle mayor Ed Murray suddenly reverse himself from taxi ally to Uber supporter? It has been a question I have always hoped would someday be answered.
Here are three more quotes from Judge Smith:
"Uber provided transportation services to customers for compensation, and for two years, it refused to comply with the City's regulations."
"Uber was permitted to defy the law openly for two years without suffering any consequences whatsoever. On the other hand, because of Uber's blatant disregard of the law, the plaintiffs suffered."
"A multinational giant was invading Ottawa, and because of the city's unpreparedness and its lack of effort to develop a plan to enforce the 2012 by-law, the city's enforcement efforts against the Uber drivers were ineffective."
One interesting note is that Smith has deferred the $215 million judgement to a later date. Hopefully the cabbies will be getting their money soon. One driver was quoted as saying his earning have been cut in half since Uber's arrival. I can believe that.
Back in 2014, I advised BYG (Seattle Yellow Cab) to sue the City of Seattle, just like Ottawa's Metro Taxi did. It can still be done. We too can win a huge judgement against the City of Seattle. We can still kick Uber's butt. It can be done. It only takes the will to do it.
But in reality do I think it will happen? No, because PSD's current General Manager would oppose it even though he personally would receive part of any settlement, just like I would. But it really isn't a question of money. It is more about justice and accountability. Mayor Murray, along with Sally Clark and the other Seattle City Council members, murdered Seattle's taxi industry. That wasn't nice. I was there in the council chambers when the vote was taken. I will never forget that moment. I will never forgive them.
The Seattle Times Headline read: "Woman killed in taxicab crash near Pioneer Square; truck driver arrested"
The big problem here is that a taxi wasn't involved in this fatality accident. A yellow-colored Prius, minus lettering and toplight, was rear-ended by a truck, directly impacting three passengers seated in the back, killing one of them. The accident, in a more comprehensive report released by KOMO News, displayed multiple photographs clearly showing a yellow Toyota Prius minus any lettering or regalia signifying it as a taxicab. Not having a toplight is a clear giveaway that it was a TNC (Uber or Lyft) app operated vehicle. Now there is a very good chance that the car was once a Yellow Cab though obviously not any longer. If the reporters had bothered to take a closer look, they would have noticed that the car bore neither a City or County issued medallion plate located next to the license plate.
The reason why all this is significant is the long bias directed against cabbies and their taxicabs. Despite the headline, I am guessing that if a poll of readers were taken, nearly 50% of them would say that somehow the cab driver was somehow responsible, even though a cabbie wasn't in any manner involved.
I sent an email to the Seattle Times requesting a correction but really its too late, the damage already done, sloppy reporting by both KOMO and the newspaper stating that a cab was involved. This is a classic case of not being able to believe what you read.
And from my long experience, no one truly cares if their opinion or reporting about the taxi industry is accurate. They already know the answer, taxi guilty as charged by public opinion! Guilty as sin, guilty of driving a cab, the cabbie a cultural criminal weaving headlong down the roadway. And for many, wishing he/she is heading directly to a jail cell, bread and water their daily repast.
Is this an exaggeration? Drive a cab and you too will answer, "Hell no it isn't!"
Thanks again, everyone!
A big hug to PSD, Minette, Greg, Deb and Cindi for donating toward Dennis Roberts' burial expenses. The taxi angels sing your praise!
Editor's Apology
Before I reread it, I allowed last week's blog to go "off to the presses" extremely flawed, riddled with errors big and small. Sorry about that. When I was at the Columbia Falls, Montana library, I let myself be pressured by the closing time, failing to do a proper proofing. Always a mistake to rush. Yes, I too can be an idiot! JB
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