Today’s Headlines

  • Cy Vance and the TLC Are Powerless Against Him, But Daily News Says Faysal Himon Can’t Get Work
  • Sian Green’s Attorney: Cabbie Rammed Cyclist (NYT); Post and Mateo: Cyclist Caused “Accident”
  • While Medallions Sell for Millions, Cabbies Struggling to Make It Won’t Be the Safest Drivers (NYT)
  • Via Grist, TA Staffers Offer de Blasio a Six-Point Plan to Make Streets Safer
  • Next City: With Projects Planned and Underway, Transit Not an Issue for East Side Rezoning
  • The TLC Is Taking Suggestions for Boro Taxi Stands
  • Red Hook School With Scant Transit Options Has to Hire Buses for Kids’ Field Trips (DNA)
  • Queens NIMBYs Say Bioswales Attract Mosquitoes — and Take Away Parking (DNA)
  • City Council Speaker Hopefuls Held a Debate or Something Last Night (News)
  • Yglesias: Losing Traffic Signals Is a Great Way to Promote Human-Powered Transport (Slate)
  • With NYPD and the City Press Corps at the Ready, What Reckless Driver Needs a Lawyer? (News)

More headlines at Streetsblog Capitol Hill

  • qrt145

    The amount of magical thinking that goes into this statement is amazing:

    “The bicyclist then cut in front of the Bangladeshi immigrant’s cab before ending up on the hood of the vehicle, causing Himon to lose control and jump the curb”

    Yeah, right. He just somehow magically “ended up” on the hood. Not that he was struck by the car being driven by Himon or anything. And also, this somehow magically caused the car to jump the curb.

  • S

    “To charge Mr. Himon, prosecutors would have had to show that he intended to crash into Mr. Olivo, Mr. Marchese said. But they told Mr. Marchese that they did not feel they had sufficient evidence of such malice, he said.”

    Can an attorney explain how this is true? I understand that it may be hard to get a jury to convict a driver for his actions, since the public may feel sympathy based on their own driving habits, but this claim seems to defy belief. Isn’t this why the legal system has such charges as criminal negligence or, in the case of a death, involuntary manslaughter?

    Disregard the cabbie’s own statements to the press about his road rage. What does intent have to do with anything other than the severity of the charge?

  • Ari_FS

    Isn’t the point of Boro Taxis that they can CRUISE to pick up street hails? Why do they need stands? Are there yellow taxi stands in Manhattan?

    For some super high volume locations (subway stops, major attractions, etc.) I suppose it could be useful.

  • SteveVaccaro

    Here are the charges I think the DA had a reasonable chance of winning a conviction on, third Degree Assault and Second Degree Reckless Endangerment. Neither require any showing of “intention”:

    § 120.00 Assault in the third degree.
    A person is guilty of assault in the third degree when…With criminal negligence, he causes physical injury to another
    person by means of a deadly weapon or a dangerous instrument.
    Assault in the third degree is a class A misdemeanor.

    § 120.20 Reckless endangerment in the second degree.
    A person is guilty of reckless endangerment in the second degree when
    he recklessly engages in conduct which creates a substantial risk of
    serious physical injury to another person.
    Reckless endangerment in the second degree is a class A misdemeanor.

    § 15.05 Culpability; definitions of culpable mental states.
    The following definitions are applicable to this chapter…
    1. “Intentionally.” A person acts intentionally with respect to a
    result or to conduct described by a statute defining an offense when his
    conscious objective is to cause such result or to engage in such
    conduct.
    2. “Knowingly.” A person acts knowingly with respect to conduct or to
    a circumstance described by a statute defining an offense when he is
    aware that his conduct is of such nature or that such circumstance
    exists.
    3. “Recklessly.” A person acts recklessly with respect to a result or
    to a circumstance described by a statute defining an offense when he is
    aware of and consciously disregards a substantial and unjustifiable risk
    that such result will occur or that such circumstance exists. The risk
    must be of such nature and degree that disregard thereof constitutes a
    gross deviation from the standard of conduct that a reasonable person
    would observe in the situation. A person who creates such a risk but is
    unaware thereof solely by reason of voluntary intoxication also acts
    recklessly with respect thereto.
    4. “Criminal negligence.” A person acts with criminal negligence with
    respect to a result or to a circumstance described by a statute defining
    an offense when he fails to perceive a substantial and unjustifiable
    risk that such result will occur or that such circumstance exists. The
    risk must be of such nature and degree that the failure to perceive it
    constitutes a gross deviation from the standard of care that a
    reasonable person would observe in the situation.

  • Bolwerk

    Re Faysal Himon: the silence of sanctimonious, authoritarian victims rights types when alcohol or drugs is not involved is duly noted. Perhaps Nancy Grace could drum up some moral outrage. But then, Sian Green isn’t a pretty white girl.

  • qrt145

    I believe I’ve seen taxi stands (lines, really) in Manhattan, outside of train stations and such.

  • ocschwar

    It’s time to abolish the medallion system.

    Any licensed cabbie who owns a regulation car with meter et cetera shouls be allowed to drive it for his living.

  • qrt145

    I don’t know if I want to see even more taxis clogging Midtown.

  • Ian Turner

    I dunno about that, but at a minimum if we are going to limit the number of cabs, then the medallions should expire every year. No reason for the monopoly to go to anyone other than the city.

  • Ari_FS

    Exactly correct. The city should set the number of medallions and then auction them off each year.

    But that will never happen unless the current owners are compensated.

  • com63

    Is there any way to get the DA to release the video they examined to determine charges were unwarranted?

  • Adrian

    The NYT article mentions that Sian Green’s attorney will try a FOI request. I guess there’s nothing to stop us/Streetsblog/TA doing the same thing?

  • Bolwerk

    You’d think they’d be a subscription or lease or something, but now they’re a fief.

  • stairbob
  • JoshNY

    Definitely on the 7th Avenue side of Penn Station.

  • JoshNY

    Because MADD isn’t about victim’s rights; they see alcohol as the evil, not cars. It’s basically the temperance movement transplanted forward a few decades.

  • waldoco1

    Completely agree with you both.

  • Bronxite

    What I wrote in the Dnainfo comment box regarding bioswales versus parking spaces:

    “The advantages of a network of bioswales far outweigh the complaints of a few auto-centric NIMBYs. Their mosquito complaint holds no factual weight, it’s all about them. In this city it’s about us, and working to solve problems that effect NYC as a whole such as excess water runoff and the resulting negative effects.

    Worried about parking spaces? Go pay for a lot. This is NYC. Why should a city where most people do not own a car subsidize your luxury at the expense of the environment and fiscal concerns?”

  • Bronxite

    Also, was watching the Cycle just now on MSNBC when Urban Planner Jeff Speck was granted an opportunity to speak on behalf liveable streets. He presented his case clearly and was received well by the network host.

    He focused on the Millennial desire to relocate into walkable urban cities (driving economic growth); building cities with walkability, bicycling and mass transit in mind (prioritized); a necessary reduction on parking; and the need for congestion pricing.

    Hey De Blasio? Need a new DOT/DCP commish!?

    His book:

    http://www.amazon.com/Walkable-City-Downtown-Save-America/dp/0374285810/ref=la_B0091IWEC4_1_1?s=books&ie=UTF8&qid=1384549052&sr=1-1

  • Kevin Love

    Stay away from my bike. It can control your mind and cause you to do things you never would have done on your own.

  • KillMoto

    Jeff Speck is one of my heroes. Walkable City is an amazing, highly accessible book.

  • WoodyinNYC

    Port Authority of course. We’d probably see more of them except — parking!

  • WoodyinNYC

    And the 8th Avenue side as well. Tho these “stands” have such intense demand, a taxi rarely has a moment to pause.

    Back in the day, with many more stands (near but not in front of hotels, etc), the driver could get out to stretch his legs, maybe chat with another cabbie. Don’t see much of that now.

  • WoodyinNYC

    Current owners could get an automatic right to a share of additional medallions. Say, expand the total number of medallions by 10% and each current medallion owner gets a certificate for 1/10th of a medallion. The only thing he can do is sell the certificate for cash money to someone who is buying 10 of these 1/10 certificates. With 10, he registers for a new medallion and presto, another taxi on the streets. At the end of the process, you get more medallions added to the pool, but each owner who had a medallion when the process begins gains something as well. That something determined by free market.

    Of course, if you add too many medallions at one time you’d knock the bottom out of the market. But this process could allow increasing the pool by 10% a year for several years, accompanied by a gradual decline in medallion prices.