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Immigrant Taxi Drivers Sue City of Portland to Save Non-Reserved Airport Access Permits

PORTLAND, Maine (December 5, 2011) – A group of 12 taxi drivers with non-reserved airport Access Permits have filed for a temporary restraining order against the City of Portland.  The plaintiffs, a group of Somali immigrant licensed taxi business owners and drivers, have filed the lawsuit in Cumberland County Superior Court over the City's abrupt and illegal change to the policy for licensing or re-licensing taxi businesses and airport access permits.  The change in policy makes it more difficult or will prevent entirely some taxi business owners and drivers from renewing their taxi licenses to operate at the Portland International Jetport.  The change makes license renewal particularly difficult for immigrants.

The City's policy for at least the past two years had been to allow an appointed agent with a valid acknowledged power of attorney to submit applications to renew taxi licenses on behalf of the license holder. 

Under State law – the Maine Uniform Power of Attorney Act -- any person, including the City, is required to honor valid acknowledged powers of attorneys.  The Act authorizes courts to order municipalities to accept powers of attorney.

On November 2, 2011, the City's Airport Director, Paul Bradbury, issued a new written policy.  The changes in policy were made without prior notice or an opportunity for comment by the taxi owners and drivers.  To the knowledge of the taxi drivers and owners the change was not approved by the City Council.  The Airport Director said that he would refuse to accept valid acknowledged powers of attorney.  He is now requiring that each applicant appear in person to submit an application for license renewal.  This means that some taxi owners and drivers may not be able to renew their licenses.  Some of them are out-of-state or outside the country.  One taxi owner is in Africa visiting his daughter.  The City has imposed a moratorium on new licenses to operate at the Jetport, so an owner that is not renewed permanently loses his license.

The taxi owners and drivers are not asking that the City relax any of the substantive licensing standards – such as insurance, valid Maine driver's licenses, vehicle compliance, or criminal history checks.  They only ask that the City comply with State law that allows an owner to use a power of attorney to appoint an agent to perform acts on his or her behalf. 

According to Preti Flaherty attorney Sigmund Schutz, who represents the group of taxi drivers, his clients often appoint agents using a power of attorney to assist in their taxi business. "Many of the taxi business owners and drivers have family in Africa or elsewhere in the United States. Some reside out-of-state for education or other employment. Given the expense of flying to and from Africa, the business owners often travel for extended periods of time. Others remain local in Maine, but because of English language issues, wanted to use a power of attorney," Schutz explained.

The City's process for obtaining non-reserved Airport Access permits, coupled with the prohibited use of powers of attorney, make it particularly difficult for Somali taxi business owners to preserve their permits, which are essential to their employment security.

"Unfortunately this case is all about red tape. The City of Portland has enacted obstacles that are anti-business and prevent hard working immigrants from getting the permits they need to do business. These taxi drivers just want to make an honest living while complying with the law," Schutz said. For the past two years, the City has accepted powers of attorney but changed their position without adequate notice and for no apparent reason.

Schutz explained that 49 non-reserved Airport Access permits are held by Somali immigrant owners. The City currently has a moratorium on issuing new non-reserved permits, which means that if an owner cannot renew a non-reserved Access Permit, then the owners cannot re-apply for a new non-reserved permit. New permits are only available once the total number of permits drops below 40.

About Preti Flaherty
Preti Flaherty has offices in Portland and Augusta, Maine, Concord, NH, Boston, MA, Bedminster, NJ and Washington, DC. With more than 90 attorneys, the firm counsels clients in the areas of business law, energy, environmental, estate planning, health care, intellectual property, labor and employment, legislative and regulatory, litigation, technology, telecommunications and real estate.

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