US judge rules against New York City taxi drivers in GPS battle
By LARRY NEUMEISTER
Associated Press Writer

NEW YORK (AP) - First, a two-day strike ended with no
concessions to taxi drivers protesting requirements for global
positioning and credit-card processing systems. Then a federal
judge declined to block the new technology rule.

With the requirements set to start taking effect Monday, it was
not clear what the objecting drivers' next move might be. The full
merits of the case are yet to be argued, and U.S. District Judge
Richard M. Berman directed both sides to engage in settlement
negotiations before an Oct. 10 court date.

More than 13,000 yellow cabs must be equipped with GPS
technology—which records where the vehicles are every eight
seconds—when they come up for annual inspections, starting
Monday. Drivers who refuse could face fines.

In a ruling Friday, Berman said the technology's use to improve
taxi service appeared to outweigh drivers' privacy rights.

Earlier this month, some drivers took their cabs out of service
to protest the GPS technology. But it was hard to gauge exactly how
many of the city's 44,000 licensed taxi drivers went on strike: The
group leading the work stoppage called it a “resounding success,”
but city officials said disruption was minimal.

Berman said that, based on the limited amount of evidence he had
viewed so far, it did not appear the drivers would succeed in
claims that the city acted improperly, causing them “severe and
debilitating economic harm” and preventing them from earning their
livelihood.

”We're saying GPS is remarkably intrusive, more intrusive than
anything before,” said Malcolm Goldstein, a lawyer for the taxi drivers.

Michael Cardozo, the head of the city's law office, called
Berman's decision Friday a “satisfying legal victory—and a
victory for all taxi passengers who will enjoy the benefits of
these service improvements.''

Taxi and Limousine Commissioner Matthew W. Daus said he hoped
the ruling “allows us to continue to advance and progress without
distraction or delay.”

The drivers were particularly disturbed by the GPS system, which
they said would violate their privacy by enabling the city to know
their vehicles' location between fares and when off-duty.

So far, nearly 2,300 of the city's 13,085 yellow cabs have
installed the new technology, and all but 135 cabs have signed
contracts for the installation.

The judge noted that New York courts had previously upheld city
regulations requiring cabs to install auxiliary air conditioning
systems and to make financial disclosures to the TLC.

He said it was also unlikely that additional evidence would
support the argument that the technology regulations violate
drivers' privacy rights. The technology contracts prohibit vendors
from giving anyone—including the city—information about where a
cab goes when it is off-duty.