Class Action Suit?

[rayinla]

So the BRU is making good on their threat to file a lawsuit against the MTA over the upcoming fare hikes. From the LA TIMES Bottleneck Blog:

"Going to court

"As promised, opponents of the MTA's fare hikes are going to court in an attempt to block the higher charges. The challenge raises the specter of more litigation for the MTA just as it exits a federal consent decree. From the press release:

"According to a lawsuit filed by the Natural Resources Defense Council (NRDC), the Bus Riders Union (BRU) and the Labor/Community Strategy Center (LCSC), MTA violated the California Environmental Quality Act (CEQA) by approving massive bus fare increases without considering the environmental impacts of its decision. By turning riders into drivers, groups say the fare increases -- as high as 140% -- will result in even more air pollution, global warming emissions and traffic congestion. Indeed, MTA's own projections and analyses confirm that the increases will cause more pollution. "The MTA is forcing many thousands of riders off the system and back into cars," says David Pettit, director of the NRDC's Southern California Air Program. "This will bring into our streets, roads and highways an enormous number of cars, trucks and other vehicles, increasing pollution and exacerbating traffic congestion."

What are the chances of bringing a class action suit against the BRU on behalf of the LA County Taxpayers who have had to cope with the substandard bus service, delays in implementing a comprehensive rail system and subsididies to keep fares artificially low (not to mention footing the MTA's and BRU's legal bills) arising out of the BRU's last lawsuit (and the resulting Consent Decree)? I personally feel I've been damaged.

Any attorneys out there with an opinion?

[roadtrainer]

;DNot that I could stop them but I hope the courts are read through all the rethoric and send those ::)Socialists ::)packing! Sincerely The Roadtrainer.

[LAofAnaheim]

The BRU speaks for 120 riders chanting on 5/24/07 about racial fare increases. We should get 120 of us (I think we have 140 registered) should chant, racial transit by the BRU from preventing Los Angeles with a world class transit system. I think we would have greater merit than the BRU.

It's unfortunate they are going to use the "environmental report" arguement. My retaliation is that w/o the increases, these buses decease and their would be even more traffic. Wow, what a simple arguement. Can we post pictures around Los Angeles about how racist Eric Mann & his cohorts are? And, especially we should note what they have done to stop transit expansion in LA, it would definitly wake everybody up.

[whitmanlam]

The BRU is a case study in Angry Mob Mentality.

They spread misinformation. Make groundless accusations. Use racism as their rallying call. And make no reasonable proposals for a better solution.

I wish our leaders can see through this fake parade of yellow shirts, which the BRU hand out quite generously, and make good decisions based on our future.

[James Fujita]

*sigh* calling the BRU socialist is an insult to all good socialists.

we can call the BRU names, we can make fun of them, can point out the logical fallacies in their arguments, we can plan our own anti-BRU rallies, but it doesn't change the fact that the BRU has once again put the MTA into a tough position.

the natural fallback position of an organization like the MTA is to settle, because lawsuits can be lengthy, expensive and damaging to one's reputation. unfortunately, we really don't want the MTA to settle this.... we'd end up with another consent decree, which is exactly what the BRU would want. a decree which handcuffs the MTA to the current fares. so I'm thinking our best bet is to hope that the MTA calls their bluff.

since this is supposedly an environmental lawsuit, it would be awesome if some well-known environmental organization were to step up and provide the "this lawsuit is total nonsense" Amicus Curiae brief that this lawsuit so desperately needs. somehow, it wouldn't have the same punch if we, the transit nerds, were to do it.

maybe some organization with genuine pro-rail credentials, like the Sierra Club ( angeles.sierraclub.org/transportation/ )

[kenalpern]

At this point, I'm not certain that there will be any settling, or Consent Decree, or anything else of the sort. Gloria Molina, no right-winger and no anti-transit figurehead, came up with a compromise that probably didn't please all sides but is rather defensible in court.

I could be wrong, of course, but I imagine this will go to court, be thrown out because the financial situation is supportive of Metro's actions, and that will be that.

[Tony Fernandez]

rayinla said:

What are the chances of bringing a class action suit against the BRU on behalf of the LA County Taxpayers who have had to cope with the substandard bus service, delays in implementing a comprehensive rail system and subsididies to keep fares artificially low (not to mention footing the MTA's and BRU's legal bills) arising out of the BRU's last lawsuit (and the resulting Consent Decree)? I personally feel I've been damaged.

I'm in, lol. I hate how they leave papers in the buses that tell people how "evil" the MTA is. Even if you could get a suit started, what would you get from it?

[whitmanlam]

Hey, why don't these "Social Advocates" fight against the rising price of food ? Or the outrageous utility hikes the DWP charges for electricity ?

Because they'd be totally beaten and their lawsuit ruled as frivolous.

They've chosen an easy target like the MTA, because the Consent Decree opened the door for more lawsuits and more settlements.

This time the MTA needs to hold the fort. Don't sell out.

[erict]

No force in the universe could make the MTA sign another consent degree- they did it before because they thought it was a good idea - and it was a disaster. The only way to increase funding for transit besides raising rates or raising the sales tax percentage is to charge auto drivers when they drive per mile. This is not mexico city where the subway system is subsidized by the vast amount of oil money the government controls, and as a result it is the cheapest system in the world to use. I would like to pay as little as possible, but you can't have your cake and eat it to.

[LAofAnaheim]

Yahoo!!!! www.latimes.com/news/local/la-me-mta28jun28,0,5199099.story?coll=la-home-center

[Tony Fernandez]

^^Simply beautiful. Common sense wins out.

[kenalpern]

Shame on the BRU (and those electeds who empowered them) for making this an artificial argument of bus vs. rail, and for not allowing a balanced budget to ensure continued and improved service.

I hope this is one more (and critical) nail in the coffin of the Consent Decree, and a growing recognition that the BRU has terribly underserved the commuters it purports to represent.

[erict]

Is the BRU supported (funded) by the oil and auto industry- is that why it is so overly opposed to any rail construction? I think so.

[wad]

erict said:

Is the BRU supported (funded) by the oil and auto industry- is that why it is so overly opposed to any rail construction? I think so.

The BRU is not a cat's paw for any automobile or oil group.

The only one who knows for sure why the BRU is anti-rail is Eric Mann. He created the organization and its message, and he is its cult of personality.

[wad]

erict said:

No force in the universe could make the MTA sign another consent degree- they did it before because they thought it was a good idea - and it was a disaster.

Other agencies have learned from LCSC vs. MTA as well, and they are cautious to enter similar arrangements.