Mayor Bloomberg’s legacy took a major hit Tuesday when a state judge slammed the brakes on his “Taxi of Tomorrow” plan that was set to debut on Oct. 28.
“The notion that New York City should have one exclusive ‘iconic’ New York City taxicab is a policy decision that is reserved for the City Council,” Manhattan Supreme Court Justice Sholomo Hagler said in his ruling.
Hagler found that the TLC “exceeded its authority” and the mayor “violated the separation of powers doctrine” by anointing the new Nissan as the yellow fleet’s official vehicle.
The city has promised to appeal the decision.
“We believe the court’s decision is fundamentally wrong,” the city’s top lawyer Michael Cardozo said in a statement. “It was well within the TLC’s authority to authorize the Taxi of Tomorrow.”
Hagler found that the power to order medallion owners to purchase the Nissan NV200 does not exist in the City Charter. He said the City Council must weigh in on the decision.
Taxi king Gene Friedman, head of the Greater New York Taxi Association, sued in July to halt the program.
“I think this ruling is right on the money,” said Friedman’s attorney, Steven Mintz. “I think it’s something that we’ve seen across the board with Bloomberg administration — overstepping its bounds and its use of the executive branch to bypass the City Council. Just like the soda ban you can’t use administrative agencies as quasi legislatures.”
The mayor famously lashed out against Friedman at a private event last May, telling the cab-fleet boss that he would “destroy your f—king industry” when he leaves office.
The Nissan model, with rider- and safety-friendly features like backseat climate control, sunroofs and eight airbags, was selected after a competition in 2011.
“They called it Taxi of Tomorrow. We always called it Taxi of Yesterday, because it’s not a hybrid vehicle. It’s not an accessible vehicle. It really did nothing to move the ball forward as far as increased, better advanced service,” said Ethan Gerber, of the Greater New York Taxi Association.
TLC Commissioner David Yassky heralded the high-tech features in a statement snubbing the ruling.
“We remain committed to bringing it to the riding public,” Yassky said.
A spokesman for Nissan said it will continue upgrading the fleet with its vehicles at the end of the month.
Additional reporting by Reuven Fenton