Posts Tagged ‘Orders’

City Attorney Dennis Herrera Seeks Court Orders Requiring Uber and Lyft to Follow the Law

Friday, July 21st, 2017

IMO:

  • I’m not sure if it’s the job of the City Attorney to “strike the right balance” betwixt UBER / Lyft convenience vs. traffic congestion.
  • This Travis Kalanick sentence is the highlight: “I had hoped with the changes to its leadership that Uber had reformed its corporate culture.” Not necessarily sarcastic, but it has a bite nevertheless.
  • If a San Francisco taxi driver tells you to get lost because s/he doesn’t want to take you all the way out to the Sunset (which would make money for the driver, just maybe not as much as expected, or as average) or says, “I don’t take people to the Potrero projects,” well that’s a misdemeanor called Failure to Convey. IDK if is this kind of law applies to UBER Lyfters right now. Anyway, that’s what they’re getting at with the talk of discrimination.
  • Oh, and the reason why UBER started here in the Frisco bay first has to do with longstanding SFMTA policies of taxi regulation. Late night ballers such as Travis K had a bear of a time getting home at night – at 2:00 AM on a weekend night sometimes you’d see hundreds of people within a block of Broadway / Columbus with their arms up trying hail a cab. This had to do with a taxi shortage what valued certain people more than the general taxi riding public.

JMO

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Anyway, just released:

Herrera seeks court orders requiring Uber and Lyft to follow the law – Herrera moves for court to enforce his subpoenas requiring Uber, Lyft to turn over records on safety, disability access and operations

SAN FRANCISCO (July 21, 2017) — City Attorney Dennis Herrera announced today that he is requesting court orders to compel Lyft, Uber and two Uber subsidiaries to comply with subpoenas issued on June 5, 2017.  The subpoenas were issued as part of the City Attorney’s investigation into whether ride-hailing companies are creating a public nuisance in San Francisco.

Herrera today filed petitions in San Francisco Superior Court seeking a court order requiring the companies to comply with the subpoenas. The subpoenas are aimed at ensuring Uber and Lyft’s estimated 45,000 drivers in San Francisco do not create a public nuisance by jeopardizing public safety, discriminating or otherwise violating local and state laws.

The administrative subpoenas seek four years of records in eight categories, including miles and hours logged by drivers, incentives that encourage drivers to “commute” to San Francisco from as far away as Fresno or Los Angeles, driver guidance and training, accessible vehicle information, and the routes taken by these drivers in San Francisco.

Herrera is turning to the courts after giving the companies multiple opportunities to comply with the subpoenas.

“Unfortunately, Uber is doing what it always seems to do: raise obstacles and drag its feet— all while continuing to flout the law,” Herrera said. “To its credit, Lyft was more responsive, but in the end they also raised unreasonable roadblocks. They provided a minimal amount of documents before deciding not to comply with the rest of our request. And they have so far failed to execute a confidentiality agreement that would protect any legitimate trade secrets.  From the beginning, we have been clear that the companies must comply with these subpoenas.  These motions are the next step in protecting the rights of the people who live and work in San Francisco.”

On June 22 Herrera won a court ruling requiring Uber to comply with a separate subpoena from Treasurer José Cisneros to help ensure that Uber drivers have business licenses. The court found Uber’s arguments unpersuasive in that case.

San Franciscans and city leaders alike are concerned with public nuisance, public safety, accessibility, discrimination, compensation and other issues arising from the explosive growth of companies like Uber and Lyft.  Herrera issued his subpoenas as he investigates these issues.  He has also requested information about congestion and environmental impacts.

“The status quo is not working,” Herrera said.  “There’s no question that Uber and Lyft offer convenience.  But convenience for some cannot trump the rights of every San Francisco resident and visitor, including the safe enjoyment of our roads and bike lanes. I’m trying to strike the right balance here.  ”

After the subpoenas were issued, Lyft contacted the City Attorney’s Office and worked with the city to try to craft a confidentiality agreement that complies with the subpoena and with public records law, while also protecting trade secrets from public disclosure.  Lyft ultimately was not willing to move forward with a satisfactory agreement, demanding unreasonable provisions.

Uber objected to the subpoenas and refused to produce any documents or data at all. It waited until the June 20 deadline to send a letter telling the city it was declining to produce the information but would be available to “meet and confer regarding Uber’s concerns.”  After that, Uber representatives were slow to meet, late to respond and then non-committal. They have failed to comply with the subpoena.

“Uber was stalling,” Herrera said.  “I had hoped with the changes to its leadership that Uber had reformed its corporate culture. So far, that doesn’t seem to be the case. Both Uber and Lyft were given ample opportunity to follow the law. They chose not to, so now we’re in court.”

Additional documentation from the case is available on the City Attorney’s website at:https://www.sfcityattorney.org/

Jesse Jackson’s National Transit Roadshow Arrives Con Brio, Sans Jesse

Tuesday, June 29th, 2010

Well, this is what was promised for today’s noontime transit worker rally at the Old Federal Building on Golden Gate and Polk:

Turns out that Jesse didn’t show. (Here’s what you would have seen and heard.) 

But a couple-hundred or so transit workers and allies were on hand at the plaza in front of Big Blue:

And here’s how they got there. How apropropriate!

Here’s who was there. I see District 9 San Francisco Supervisor David Campos, San Francisco Labor Council Executive Director Tim Paulson, and TWU 250-a Union President Irwin Lum, for starters: 

Are riders and drivers really united? Not that I can see, not in San Francisco. I’m mean, I’m sure that all involved would like Uncle Sucker to rain cash down upon the City, but beyond that, there’s not much uniting these groups. It would be nice to cancel the already-useless Central Subway and use the extra billion (or two or three) that that would free up to pay for transit people are using today, but the system doesn’t work that way, obviously. Oh well.  

Here’s a take from Greg Dewar at the N Judah Chronicles.

On It Goes:

Anyway, here’s the spiel:

“Transit service cuts, fare hikes and layoffs affect millions of Americans every day. You can help save transit and counteract the nation-wide transit crisis by rallying with the Save Our Ride alliance.

Save Our Ride was formed by the Transport Workers Union, Amalgamated Transit Union and Reverend Jesse Jackson to raise awareness of the transit crisis and to rally for the passage of transit bills that will allow flexibility of federal aid for transit. The alliance is an advocate for more affordable and efficient transit systems, better air quality and a greener future for America.

You can download the full press release here.

Come show your support:

June 29, San Francisco: Noon, Federal Building on Golden Gate Bridge

July 1, Sacramento: Noon, Federal Building, 501 I street

July 7, Houston: 11 am, Mickey Leland Federal Building, 1919 Smith Street

July 9, Miami: 2 pm, Government Center Building

Download the San Francisco flyer here.

Speakers to include: James C. Little, President International TWU; Harry Lombardo, TWU Executive Vice President; Warren George, President of International ATU; Reverend Jesse Jackson, Rainbow PUSH Coalition. Other speakers will include TWU and ATU local leadership, legislators, community and civil rights groups, riders who are suffering from service cuts and increased fares. (speakers subject to change)

Stay tuned to twu.org and ourride.org for speaker announcements and more information as the rallies approach.

The reason your fares have increased and your service has been cut is because the federal government has neglected transit for decades and the country’s on-going economic struggle that has slashed transit revenues has pushed transportation systems into their own crises.

“We can not allow our transit systems to crumble from financial neglect,” said President James C. Little. “We must work together to tell the federal government the neglect must stop.”

Federal subsidies to our country’s largest transportation systems do not allow enough flexibility for operating costs. So transit systems can use federal funds to buy news trains and buses (capital expenses), but not to pay the operators. If your bus doesn’t have an operator, you are not going to get to work on time.

Rep. Russ Carnahan (D-MO), and Senator Sherrod Brown (D-OH), have proposed bills, H.R.2746and S3189, that would allow transit agencies to flex funding to suit local needs. Also, eight senators from the Senate Banking, Housing and Urban Affairs Committee introduced a bill, S. 3412, to authorize emergency funding for transit agencies to help reverse fare increases and service cuts.

This legislation will help to save our transit systems, provide thousands of green transit jobs, and keep transportation affordable. If you take the bus, train, subway or streetcar to work and use public transportation to send your children to school and if you want to work towards a cleaner environment, less congested streets and green jobs, then come share your story and your voice and Save Our Ride!