New Yorkers go to court to halt congestion pricing

By Shirley L. Ng, AsAmNews Contributor

Demonstrators against New York City’s congestion pricing plan were outside the Lower Manhattan Southern District Court ahead of a hearing Friday seeking a preliminary injunction. A ruling is expected soon.

The plaintiffs are the United Federation of Teachers, U.S. Trucking Association of New York and a group of New York City Council members called New Yorkers Against Congestion Pricing.

Congestion pricing is set to begin Jan. 5 and would charge each vehicle entering Lower Manhattan below 60th Street. Among those trying to stop the toll fee is the neighboring state of New Jersey, which filed suit last year.

New York Gov. Kathy Hochul paused the fee indefinitely a few months back, but she reinstated it with Metropolitan Transit Authority (MTA) approval — and most vehicles would now pay $9, down from the $15 originally planned. While the congestion fee is slightly less, it is still one that many in Lower Manhattan say they can’t afford to pay. The disparity of incomes in Manhattan is wide. The Lower East Side includes small businesses and low-income residents in Chinatown, Little Italy and the New York City Housing Authority (NYCHA) Alfred E. Smith Housing, apartments for low-income residents. Just a few blocks south is the Financial District and many luxury residences.

“We’re asking the judge to look at the State Administrative Procedure Act (SAPA), a claim that a state must look at the economic impact congestion pricing will have in the community,” said former District 1 candidate Susan Lee, now president of New Yorkers Against Congestion Pricing.

Supporters of congestion pricing say it would reduce gridlock, improve air quality, and raise funds for public transportation.

But Lee said over 20% of storefronts in Manhattan are empty, and with congestion pricing that number would likely increase. Lee also said many people who drive in and out of the congestion zone for work would be greatly impacted, as well as those who come to Chinatown to purchase ethnic groceries. There would be a potential increase in food prices and other goods that would be passed on to the consumer, she said.

Andrew Fine was in front of the courthouse to protest against congestion pricing. He lives outside of the congestion pricing zone. 

“It hurts the least fortunate the most. I think it is ableist. It disrupts people that are mobility impaired. Seniors can’t get around easily, nor are they able to walk six blocks to a train station,” Fine told AsAmNews. 

Mariam James, the Democratic district leader for Assembly District 65 is a September 11 survivor and receives chemotherapy treatment at a hospital north of 60th Street. She told AsAmNews: “I have to pay to get back to my home after chemotherapy. That’s disgusting.” 

The MTA offers a congestion pricing exemption for drivers with a disability and to drivers for individuals with a disability. There is also a discount plan available to low-income drivers, but some on social media are calling the discount plan unacceptable since the discount would not kick in until after 10 trips at the regular fee in a calendar month.

Former District Council member and N.Y. State Supreme Court Justice Kathryn Freed was also at the press conference alongside Lee. Freed will call on Gov. Hochul to use federal funds to support mass transit instead of New Yorkers footing the bill to fund the MTA. She referred to Pennsylvania Gov. Josh Shapiro’s recent move to give the public transportation authority SEPTA $153 million dollars of federal funds.

The afternoon court hearing on the preliminary injunction went on for several hours, but there was no ruling Friday. 

Lee gave AsAmNews a statement after the hearing: “New Yorkers Against Congestion Pricing Tax remains optimistic with the hearing before Judge Liman this afternoon. We are confident that our SAPA (State Administrative Procedure Act) claims hold. We are asking Judge Liman to rule in favor of the Preliminary Injunction as the MTA has yet to conduct an economic analysis of the impact of Congestion Pricing Tax to small businesses and residents. SAPA also mandates that policies must minimize impact on small businesses and job retention. Judge Liman said that he would likely hold a conference among the parties after making a decision on the injunction, all of which would happen before he ruled on the MTA’s motion to dismiss.”