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It's not quite decision-day yet, but Hillsborough County limousine drivers could move a step closer to a verdict on whether being forced to charge minimum fares is legal.
Attorneys on both sides of a lawsuit involving limo companies, passengers and the Hillsborough County Public Transportation Commission have until Feb. 20 to file supplemental briefs ahead of a decision by a circuit court judge.
Right now, when someone orders a limo in Hillsborough, he's charged a minimum of $50. While on paper that could mean more money for limousine companies, in reality it's pushing would-be passengers to other services, like taxis and even ride-booking services like Uber. That's especially true for shorter trips, an attorney representing the plaintiff limo company says.
“We're confident the court will see this regulation for what it is: blatant and unconstitutional protectionism,” says Justin Pearson, the managing attorney for the Institute for Justice's Florida office, in a release. “Large, politically connected taxi companies love this rule because it prevents competition from limousines and sedans. But that is not the proper role of government.”
The plaintiffs in the case — led by Black Pearl Limousine LLC and its owner Thomas Halsnik — have asked the judge to reject a dismissal motion from the PTC. That regulatory body has argued federal case law protects the minimum fares it imposes. The limo drivers, however, claim the case should be tried solely on Florida's constitution, where they say the state's supreme court has consistently ruled government-mandated minimum costs to be unconstitutional.
Kyle Cockream, PTC's executive director, tells Coffee Talk that the PTC has since proposed a new rule that would lower minimum fares for limousines to $30. That rule is going through the public comment phase, but could be enacted as early as March, the same time a judge could decide this case.
Halsnik filed the lawsuit in 2013 after learning he could not offer loyalty discount programs because of the minimum fare. He's joined in the suit by two customers, Kenrick Gleckler and Daniel Faubion.
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