Court Green Lights NYCLU Challenge to NYPD’s Unlawful Livery Cab Stops

A U.S. District Court judge has denied New York City’s motion to dismiss a New York Civil Liberties Union lawsuit challenging the NYPD’s unlawful practice of detaining, questioning and searching innocent New Yorkers – particularly blacks, Latinos and other non-whites – who are passengers in livery cabs.

The lawsuit, Battle v. City of New York, was filed in May 2011 on behalf of two men of color who were riding in livery cabs and were detained, questioned and searched even though the livery drivers told officers there was no problem and officers did not suspect the plaintiffs of any wrongdoing. The lawsuit maintains that the NYPD is using its Taxi/Livery Inspection Program (TRIP) to expand the reach of its unconstitutional stop-and-frisk practices.

The lawsuit asks the court to declare that the NYPD’s actions violate constitutional protections against unreasonable searches. It seeks an injunction to end abuses of the TRIP program and to require new training and close supervision of the program.

“We fully support driver safety checks, but passengers cannot be detained and searched simply because they are riding in a livery cab,” said NYCLU Associate Legal Director Christopher Dunn, lead counsel on the case. “We’re pleased that the court has allowed our lawsuit challenging this unconstitutional stop-and-frisk practice to proceed.”

In allowing the case to go forward, U.S. District Judge Richard M. Berman ruled that the NYCLU’s complaint had adequately established the likelihood that the plaintiffs would be harmed in the future by the NYPD’s practice of searching livery cab passengers. The judge also ruled that the complaint establishes that the NYPD has an official policy authorizing officers to stop livery cabs and question and search passengers

“The NYPD is clearly using the TRIP program as a basis to stop, question and frisk people whose innocent people who happen to be riding in livery cabs,” NYCLU Executive Director Donna Lieberman said. “We’re confident that the court will put a stop to this unconstitutional and racially biased practice.”

The judge also denied a motion by the New York State Federation of Taxi Drivers to intervene in the case as a defendant.