A Wisconsin teenager, Crystul Kizer, is facing life in prison after she confessed to killing
34-year-old Randall Volar at his home last year after she says he raped her, according to her attorneys. The killing incident occurred in Kenosha, Wisconsin, about 40 miles south of Milwaukee, in June 2018. Kizer allegedly shot Volar twice in the head, set his home on fire and then stole his luxury vehicle. Randy Volar began sexually abusing Chrystul Kizer when she was 16 years old, filmed the abuse and allegedly trafficked her for sex.
Kizer says she connected with Volar through the now-defunct Backpage.com, which was shut down last year for its involvement in human trafficking. Kizer reportedly told Volar she was 19 at the time, but she was actually 16 when he allegedly began paying her for sex and eventually selling her to other men. She admits to initially lying about her age but says Volar knew she was a minor because they had celebrated her 17th birthday together. The teen said she eventually tried to distance herself from Volar, because she wanted to get more serious with her boyfriend, Delane Nelson, who is three years older than her. Volar allegedly threatened to kill Kizer when she told Volar about her decision. Kizer didn’t report the threats to police, as she was convinced they would not help her. In June 2018, Kizer said she had reached out to Volar after getting into a fight with Nelson.
The teen claims she was afraid her boyfriend would hurt her, so she asked Volar if she could come to his house until things cooled down. Months before his death, in February 2018, Volar was arrested on charges of child sexual assault. He was taken into custody shortly after a 15-year-old girl called the police from his house, claiming Volar had given her drugs and was going to kill her. In a search of his home, they confiscated computers and other electronics, along with women’s bikini bottoms and underwear.
Although police found evidence Volar was abusing dozens of underage girls, he was released without bail. At the time of his death he was suspected of human trafficking and child pornography — and Chrystul Kizer was among the girls police had footage of him having sex with. In June 2018, Chrystul killed him after she says he attacked her when she refused to have sex with him. At the time of his death he was suspected of human trafficking and child pornography — and Chrystul Kizer was among the girls police had footage of him having sex with.
When confronted by police, Kizer, who was 17 at the time, allegedly confessed to killing him because she was tired of him sexually assaulting her. She also alleged that he sold her to other men for sex, which is why her attorneys say she should be protected under sex trafficking victim laws. Kizer faces multiple felony charges, including first-degree intentional homicide, possession of a firearm and arson, court records show. She is currently being held on $1 million bail and faces life in prison if convicted.
District Attorney Michael Graveley built a first-degree homicide case against her and wrangled with the public defenders about whether they had the right to review the case against Volar and the accompanying video, photographic, and financial evidence. Eventually Kizer’s lawyers were granted access to evidence that clearly showed Kizer had been trafficked. Federal law dictates that any child under the age of 18 who has been bought or sold for sex is a sex-trafficking victim, regardless of circumstance. Prosecutors say the law that protects those who are sex trafficked doesn’t apply wholly in this case. They said they do not believe she was engaged in prostitution at the time of the crime and they don’t believe her life was in danger at the moment. Prosecutors also said they have evidence, including communications with Kizer’s boyfriend and others, indicating that she plotted and planned the murder ahead of time
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Disgraced Hollywood mogul Harvey Weinstein and the board of his now-bankrupt company have reached a tentative $25 million settlement with the dozens of women who have accused him of rape, sexual assault and sexual harassment. The deal would not require Weinstein to admit any wrongdoing, nor would Weinstein have to pay any of his own money to the dozens of actresses and female employees who have accused him of serial rape and sexual harassment.
The women who have brought civil suits against him would instead split a pool of money paid by insurance companies representing The Weinstein Company, which filed for bankruptcy in 2018, as a result of the scandal. Eighteen of Weinstein’s accusers would reportedly share $6.2 million, with none of the women receiving more than $500,000. Another $18.5 million would be split between accusers who are part of a class action lawsuit against Weinstein, the New York attorney general’s case, and future claimants.
The deal is far from complete since an official agreement must be drawn up and approved by a judge in federal court in Delaware, which is handling The Weinstein Company bankruptcy proceedings, and a judge in federal court in New York. Several accusers refused to go along with the agreement and could challenge it in court. Rebecca Goldman, Chief Operating Officer of the Time’s Up Foundation, said in a statement “This settlement is more than a math problem – it’s a symptom of a problematic, broken system that privileges powerful abusers at the expense of survivors. While this settlement is flawed, we know it represents the hard work of several survivors of Harvey Weinstein. We hope it brings them, and perhaps others, some small measure of justice and relief that is long overdue.”
Accusers who are not part of the settlement can still bring suits against him, including actress Ashley Judd. In January, a judge dismissed Judd’s sexual harassment claim against Weinstein, but stated she could continue with her defamation case against the disgraced producer. Weinstein is also facing criminal sexual assault charges in New York and is scheduled to go on trial for rape in Manhattan Supreme Court on January 6th. He has been charged with five counts of predatory sexual assault, criminal sex act and rape. He faces life in prison if convicted. Weinstein was accused of forcibly performing oral sex on a woman in 2006 and raping another woman in 2013. A judge recently increased Weinstein’s bail from $1 million to $5 million following allegations he had tampered with his electronic ankle monitor.
The disgraced Hollywood producer, who has been accused of sexual assault and harassment by more than 80 women, complained in an interview that the allegations have made him “a forgotten man.” While recovering from spinal surgery at New York-Presbyterian/Weill Cornell Medical Center, Weinstein said “My work has been forgotten.”
Shortly after the interview was made public, the “Silence Breakers,” including actresses Rose McGowan, Ashley Judd and Rosanna Arquette, posted their response to the official Time’s Up Twitter account. The statement said “Harvey Weinstein is trying to gaslight society again. He says in a new interview he doesn’t want to be forgotten. Well, he won’t be. He will be remembered as a sexual predator and an unrepentant abuser who took everything and deserves nothing. He will be remembered by the collective will of countless women who stood up and said enough. We refuse to let this predator rewrite his legacy of abuse.”
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The University of Phoenix is paying a record $191 million to settle a complaint filed by the Federal Trade Commission accusing the for-profit university of using deceptive ads to lure students with the promise of future job opportunities with large companies such as AT&T, Adobe, Twitter, Microsoft and Yahoo. The settlement includes a plan to cancel $141 million in student debts that are owed to the school by people who enrolled from October 2012 through the end of 2016 – the period in which the FTC says prospective students might have been duped. The remaining $50 million in the settlement will be paid in cash, which the FTC says “will be used for consumer redress.”
Court documents show the settlement gives the University of Phoenix and its parent company, Apollo Education Group, 15 business days to send an email and letter to eligible students, informing them that they’re covered by the agreement. The letters inform eligible former students that they no longer owe any money to University of Phoenix and their account balance will be cleared within 45 business days. The letter also states that the school has 55 business days to tell credit reporting agencies to delete the debt from students’ credit reports.
The FTC says the university wrongly suggested that it worked closely with high-profile companies to develop its courses and the school’s “Let’s Get to Work” ad campaign was one example of how it hyped connections with potential employers that did not exist. The University of Phoenix successfully targeted minorities, military veterans, service members and their spouses for enrollment, the FTC says, calling the University of Phoenix “the largest recipient of Post-9/11 GI Bill benefits since the program’s inception.” As part of the deal, the university did not admit or deny any wrongdoing alleged in the federal complaint.
Andrew Smith, director of the FTC’s Bureau of Consumer Protection said in a statement that it’s the largest settlement the FTC has obtained against a for-profit school. Smith added, “Students making important decisions about their education need the facts, not fantasy job opportunities that do not exist.” In response to the FTC settlement, the University of Phoenix issued a fact sheet touting both its achievements and its commitments to improve. In it, the school says it devoted 17% of its total spending in the 2018 fiscal year to marketing costs. The fact sheet concludes with a section titled “We Are Committed To Responsible Marketing.”
The settlement affects students who were enrolled between October 2012 and December 2016 but does not apply to those who owe money from federal and private loans. William Hubbard, a spokesman for Student Veterans of America, said the case “heavily underscores that questionable practices to aggressively recruit students are not acceptable,” but added the debt covered represented “a small piece of the pie.” “Ultimately private loans, those don’t fall under the debt cancellation rules,” he said. “If you’re a student that is paying for costs out of pocket, presumably through a private loan, you’re still on the hook for that.”
The FTC said in its statement that those who believe they have been defrauded can apply for loan forgiveness using the borrower defense to repayment procedures, and borrowers looking to lower monthly payments on their federal loans could obtain information from the Department of Education about income-driven repayment plans.
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Four Rikers Island correctional officers were suspended for allegedly waiting several minutes to rescue an inmate who had tried to hang himself in a cell, authorities and law-enforcement sources said. Surveillance The video showed the officers stood by for seven minutes while a teenager attempted to hang himself. Video shows one officer even walked up to the holding pen where the teenager was hanging, opened the door, then closed the door and walked away without intervening. The city’s Department of Investigation opened an inquiry into the incident.
The guards — three correction officers and one captain — are accused of inaction during the near-fatal incident when Nicholas Feliciano, 18, allegedly attempted to hang himself at the George R. Vierno Center at about 12 a.m. on Nov. 28. The captain had witnessed the incident on surveillance footage and went to the inmate to cut him down, sources said. Feliciano was rushed to a nearby hospital in critical condition with no brain activity and remains in a medically induced coma. The 18-year-old had been jailed in Rikers since November 19th when he was arrested on a parole violation. Feliciano had been in an altercation at the jail earlier in the day of suicide attempt and had been moved from general population into a holding cell by himself.
Video footage of the suicide attempt described to the Times shows him wrap one end of a piece of clothing around his neck and another to a pipe on the ceiling of the cell. He then stepped off a wall that separates the toilet from the rest of the cell and hangs from his neck. At one point during the attempt, Feliciano appeared to have second thoughts and struggled to get his feet back on the wall. He hung from the pipe for about seven minutes before he was rescued. The area of the attempted suicide was in view of a guard desk where officers can monitor activity through video feeds. The actions of the officers were recorded by a separate camera.
Rikers Island has housed jail inmates since the 1930s and has long been known for brutality. The jail complex saw hundreds of stabbings every year during the 1980s and early 1990s. In 2014, an Associated Press investigation detailed dozens of inmate deaths including that of a homeless ex-Marine who essentially baked to death in a hot cell. In 2016, “60 Minutes” correspondent Bill Whitaker reported that a lack of adequate training and a rising mentally ill population have made an already bad situation in the jail worse. New York City lawmakers voted in October to close the Rikers Island jail complex, which has become synonymous with violence and neglect, and replace it with four smaller jails in separate boroughs by 2026. The plan has been met with pushback from communities where the new jails would be located.
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Three Baltimore men who spent 36 years in prison were released after authorities say they were falsely convicted of a 1983 murder. Alfred Chestnut, Ransom Watkins and Andrew Stewart were granted a writ of innocence after being convicted of first-degree murder of a middle school student, DeWitt Duckett. According to police, Duckett, 14, was shot and killed for his coveted Georgetown University basketball jacket in November 1983.
Chestnut has maintained his innocence since his arrest and the parole board denied his early release in part because he refused to admit responsibility for the shooting, the state’s attorney said. After he filed an information request this past spring, he discovered new evidence that was kept from his attorneys during trial. He reached out to Baltimore’s Conviction Integrity Unit, which was reviewing old convictions.
Chestnut and Watkins were 16 at the time of their arrest and Stewart was 17. The three teenagers had been skipping high school classes to visit former teachers at Harlem Park Junior High. Their teachers said they were being “silly,” but not threatening. School security escorted them off campus about half an hour before the murder occurred, according to a joint petition filed by the men and Baltimore City State’s Attorney Marilyn Mosby.
Watkins lawyer said the three teenagers were each arrested Thanksgiving morning, waking up with police with guns drawn on them. They were convicted based on witness testimony and what prosecutors at the time said was a crucial piece of evidence — a Georgetown jacket found in Chestnut’s bedroom. Chestnut’s jacket had no blood or gunshot residue and his mother was able to produce a receipt. A store clerk also testified that she had purchased it recently, the joint petition said.
Lawyers involved in the case said they were “horrified” to see the amount of exculpatory evidence that was hidden from the defense team and jury. Both the suspects and trial witnesses, all minors, were interrogated by police without their parents. Potential witnesses were interviewed in a group and told to “get their story together,” according to Chestnut’s lawyers. Anonymous calls identifying another shooter were kept from the defense, Mosby said. That teenager was seen after the shooting wearing what appeared to be Duckett’s jacket and confessing to the murder, she said. That suspect has since died and all trial witnesses have since recanted. “We have intentional concealment and misrepresentation of the exculpatory evidence, evidence that would have showed that it was someone else other than these defendants,” Mosby said.
Mosby apologized to the men “I don’t think that today is a victory, it’s a tragedy. And we need to own up to our responsibility for it,” Mosby said. “There’s no way we can repair the damage to these men, when 36 years of their life were stolen from them. You were all arrested on Thanksgiving 1983. Now you are free to spend the holidays with your loved ones for the first time in 36 years,” Mosby said in a press conference. The men are now in their early fifties preparing to enter adulthood on the outside for the first time and at least two have never driven a car before. Now, late in life, they will experience a world very different from the one they were barred from since their teens.
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The administration has granted clemency to three controversial military figures embroiled in charges of war crimes, arguing the moves will give troops “the confidence to fight” without worrying about potential legal overreach. Army 1st Lt. Clint Lorance, convicted of 2nd degree murder in the death of two Afghans, was given a full pardon. Army Maj. Mathew Golsteyn, who faced murder charges for a similar crime, was also given a full pardon for those alleged offenses. Special Warfare Operator Chief Edward Gallagher, who earlier this year was acquitted of a string of alleged war crimes, had his rank restored to Chief Petty Officer.
Critics have warned the pardons could send the message that troops need not worry about following rules of engagement when fighting enemies abroad. Lorance’s case dates back to a 2012 deployment to Afghanistan, when he ordered his soldiers to fire on three unarmed men riding a motorcycle near their patrol. Members of his platoon testified against him at a court-martial trial, describing him as over-zealous and the Afghans as posing no real threat. He was sentenced to 19 years in prison at Fort Leavenworth, Kansas.
Golsteyn’s case had not yet been decided, with a scheduled trial date in December on charges he murdered an alleged Taliban bomb maker, and burned his remains in a trash pit during a 2010 deployment with 3rd Special Forces Group. Golsteyn, an Army Green Beret major, had pled not guilty to murder and related charges. His pardon effectively puts an end to that legal case before any verdicts were rendered.
While Gallagher was acquitted of murder and obstruction of justice charges in July, a panel of his peers recommended he be reduced in grade for posing with the body of the teenaged detainee, a crime he never denied. His rank was restored with the pardon but the Navy plans to remove Chief Gallagher from the elite SEAL team despite the pardon. It’s been reported that several top military officials threatened to resign if Navy officials did not move forward with these plans despite the pardon.
Chief Gallagher was accused of multiple offenses during his final deployment to Iraq and during the Battle for Mosul. The most prominent and disturbing accusation was the murder of a prisoner of war, a war crime. A captured young ISIS fighter was being treated by a medic. According to two SEAL witnesses, Gallagher said over the radio “he’s mine” and walked up to the medic and prisoner. Without saying a word to the medic or prisoner, Gallagher killed the prisoner by stabbing him repeatedly with his hunting knife. Gallagher and his commanding officer, Lieutenant Jake Portier, then posed for photographs of them standing over the body with some other nearby SEALs. Gallagher then text messaged a fellow SEAL a picture of the dead captive with the explanation “Good story behind this, got him with my hunting knife.”
Gallagher was also accused of being indiscriminate, reckless and bloodthirsty during his 2017 deployment. Fellow snipers did not consider him to be a good sniper because he would allegedly take random shots into buildings and indiscriminately spray neighborhoods with rockets and machine gun fire with no known enemy force in the region. Several snipers testified that they witnessed Gallagher taking at least two militarily pointless shots, shooting and killing an unarmed old man in a white robe as well as a young girl walking with other girls. Gallagher was allegedly known for boasting about the large number of people he had killed, claiming he averaged three kills a day over 80 days, including four women.
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Two Manhattan federal jail guards accused of trying to cover up their failure to check on Jeffrey Epstein in the hours before his suicide are scheduled to go on trial April 20. Tova Noel and Michael Thomas were charged in U.S. District Court with conspiracy and falsifying official records. Prosecutors say they have hundreds of hours of video which shows the two guards were were sleeping, shopping online for furniture and catching up on sports news instead of checking on Epstein and other prisoners every 30 minutes.
Prosecutors said the guards appeared to have slept, surfed the internet, moved around a common area and sat at their desk instead of doing mandated inmate head counts and regular rounds in the special protective unit of the jail, where Epstein was being held awaiting trial. Prosecutors say some of the video does not show anyone approaching Epstein’s cell after he was last seen entering it on the night of Aug. 9. He was found unresponsive in the early morning hours of Aug. 10th.
The indictments against them say the two guards then falsified prison records to claim they had performed their required rounds. The guards have been charged with conspiracy to defraud the United States and with making false records. “We allege these officers falsified records to create the appearance they were following… protocols. The security risks created by this type of behaviour are immense,” FBI assistant director William Sweeney said in the statement.
US Attorney General William Barr ordered their suspension in August after the FBI opened an investigation. Federal prosecutors later offered the guards a plea bargain but they turned it down. “As a result of their false statements,” prosecutors say, “the MCC believed prisoners in the SHU were being regularly monitored when, in fact, as a result of the defendants’ conduct, no correctional officer conducted any count or round of the SHU from approximately 10:30 p.m. on August 9 until approximately 6:30 a.m. on August 10, at which time, Noel and Thomas discovered the body of MCC inmate Jeffrey Epstein, who had committed suicide overnight while unobserved.”
The Attorney’s Office says Noel, 31, and Thomas, 41, have each been charged with “one count of conspiring to defraud the United States by impairing, obstructing, and defeating the lawful functions of the MCC, and to make false records, which carries a maximum sentence of five years in prison. Noel is also charged with five counts of making false records, and Thomas is also charged with three counts of making false records, each of which carries a maximum sentence of five years in prison.
New York City’s medical examiner ruled that the convicted sex offender took his own life inside his Manhattan federal prison cell on Aug. 10, but a pioneering forensic pathologist told Fox News in late October that Epstein’s body bore telltale signs of homicide. Prosecutors wrote in the indictment that no one appeared to enter the area where Epstein was being held in the hours before he was found dead. “As reflected on video obtained from the MCC’S internal video surveillance system, at approximately 10:30 p.m. on August 9, 2019… Noel briefly walked up to, and then walked back from, the door to the tier in which Epstein was housed,” it said. “As confirmed by the video… this was the last time anyone, including any correctional officer, walked up to, let alone entered, the only entrance to the tier in which Epstein was housed until approximately 6:30 a.m. on August 10.”
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The father of Atatiana Jefferson has died, less than one month after a police officer killed his 28-year-old daughter by shooting through the bedroom window of her own home. Atatiana’s father, Marquis Jefferson, 59, died after suffering a heart attack. The family spokesman said, “I can only sum it up as a broken heart.” Atatiana was his only child and she was killed exactly one month ago, on October 12, by police officer Aaron Dean. The spokesman, Bruce Carter, said Jefferson had been under a lot of stress since his daughter was killed and was also battling Chronic Obstructive Pulmonary Disease, which makes breathing difficult.
Jefferson had been embroiled in a family dispute involving his daughter’s funeral and burial arrangements, which were controlled by her aunt, Bonita Body. He argued that as the surviving parent of Atatiana, he should have control of her burial, and was granted a temporary restraining order to postpone the funeral. The service eventually took place on October 24. “He was battling to be a part of her life to the end,” Bruce Carter, the family’s spokesperson, said. “I think it just got the best of him.”
Lee Merritt, attorney for Atatiana Jefferson’s family, said in a statement they were saddened to learn the news about Marquis Jefferson and “of course” the loss his daughter factored into his death. “Her death rocked the nation but no one felt it more than the people that were directly tied to her in life,” Merritt said. “Those people haven’t had a chance to grieve like normal families. They have been thrust into a very public, very emotional, very draining fight for justice.”
On October 12, at around 2:30 a.m., Dean had arrived at Atatiana’s Forth Worth residence with another officer in response to a non-emergency “wellness check” called in by a neighbor who noticed Atatiana had left her front door open. Atatiana was playing video games with her 8-year-old nephew when she heard noises outside of her home. According to her nephew, she took her handgun from her purse and pointed it “toward the window” just before getting shot by Dean. The two men did not identify themselves as police when they approached the window where Atatiana stood.
Body camera footage showed Dean looked inside a window using a flashlight, spotted someone inside standing near a window and said, “Put your hands up — show me your hands.” He shot seconds later. At no point did he identify himself as an officer and he did not appear to have knocked on the door. Dean resigned from the police department shortly afterward, and was arrested and charged for Atatiana’s murder. He is currently out on a $200,000 bond.
Dean completed police training at the Fort Worth Police Academy in March 2018 and at the time of the shooting, had been with the department for 18 months. Prior to the shooting, the only entry in his Fort Worth police personnel file was about a traffic collision. Dean’s training records from his first year on the job note concerns from supervisors which included that he had “tunnel vision” and “needs improvement on communicating with the public and fellow officers.” Dean’s most recent performance evaluation was made in spring 2019, where he received high marks from a supervisor.
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The Supreme Court began hearing oral arguments in the case of slain Mexican teenager killed by a US Border Patrol agent. The court heard arguments in the family’s appeal of a lower court’s ruling dismissing their case against the agent, Jesus Mesa, who had fired across a concrete spillway into Mexico from the Texas side of the border during the 2010 incident, striking 15-year-old Sergio Adrian Hernandez Guereca in the face.
The incident took place in June 2010 on the border between El Paso and Ciudad Juarez in Mexico. The Border Patrol said at the time Hernandez was pelting U.S. agents with rocks from the Mexican side of the Rio Grande when he was shot. Witnesses say Sergio and his friends were playing a game of chicken where they would run up the embankment, touch the barbed-wire fence on the U.S. side, and then sprint back. As they were playing, smugglers were nearby, throwing rocks at U.S. Customs and Border Protection agents. At some point, Agent Jesus Mesa, Jr. showed up on a bicycle and detained one of Sergio’s friends. Sergio ran back into Mexican territory and hid behind a bridge pillar. Standing on U.S. soil, Agent Mesa fired at least two shots across the border at Sergio, striking him in the face and killing him.
Following Sergio’s death, his parents, Jesus Hernandez and Maria Bentacour, sued the United States government, Agent Mesa, and Mesa’s supervisors. Their attorneys argue that Sergio—despite being a Mexican national—was nevertheless protected by the Fourth and Fifth Amendments, since he was killed by a federal officer who fired from American soil. The U.S. Department of Justice investigated the shooting but decided in 2012 it was “a reasonable use of force or would constitute an act of self-defense.” Federal prosecutors refused to indict Mesa. The Mexican government, on the other hand, charged Mesa with murder, but the United States won’t extradite Mesa so he can face trial.
With criminal prosecution off the table, Sergio’s family sought justice through a civil lawsuit. During arguments, liberal justices expressed concerns over providing no legal relief to the families of people who have been killed in cross -border shootings by U.S. agents, essentially allowing federal officers on American soil to act unlawfully with impunity. During the arguments, conservative justices appeared to lean toward the administration’s concerns while liberal justices voiced worry about leaving individuals with no way to hold federal officers accountable for unlawful conduct. The court has a 5-4 conservative majority.
The dispute hinges on whether the family, despite Hernandez having died on Mexican soil, can seek monetary damages against what they call a “rogue” agent for violating for the U.S. Constitution’s Fourth Amendment, which bars unjustified deadly force as well as Hernandez’s right to due process under the Constitution’s Fifth Amendment. For the family’s lawsuit to move forward, the Supreme Court would have to widen the scope of its 1971 decision allowing certain suits against federal officials. That case, referred to as the Bivens action, involved a domestic search.
The high court previously considered Hernandez’s case in 2017 but did not decide the central legal question, instead directing the New Orleans-based 5th U.S. Circuit Court of Appeals to reconsider its ruling that had barred the lawsuit. The 5th Circuit last year again ruled against the family, prompting a second trip to the Supreme Court where they will again decide if the Bivens act should be extended and Mesa held accountable.
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A Manhattan judge has dismissed Uber Technologies Inc’s lawsuit challenging a New York City law limiting the number of licenses for ride-hailing services, the first such cap by a major American city. New York State Supreme Court Justice Lyle Frank rejected Uber’s argument that the city wrongly gave its Taxi and Limousine Commission power to enforce the cap.
Frank was also unconvinced that the cap, part of Local Law 147, would impede state efforts to reduce traffic congestion through “congestion pricing” on vehicles entering high-traffic areas of Manhattan. The August 2018 law was meant to give New York City greater oversight of ride-hailing companies such as Uber and Lyft Inc. It includes a one-year freeze on new licenses to for-hire vehicles, which was later extended through August 2020.
The law, which the City Council passed, required the Taxi and Limousine Commission (TLC) to conduct a one-year study on the possibility of regulating the number of for-hire vehicle licenses and to stop issuing new for-hire vehicle licenses for that year. The study, which was released in June, found that reductions on FHV-related traffic could “meaningfully impact overall traffic conditions.” The one-year cap was then extended this past summer.
Uber’s lawsuit argued, among other things, that the city exceeded its authority in enacting the law because the state allows the city to cap taxis but not app-based or other for-hire vehicles. But Judge Lyle E. Frank said in his decision to toss the lawsuit that the City Council acted within its rights when it allowed TLC to adjust the number of for-hire vehicle licenses.
Bill Heinzen, acting TLC commissioner, said in a statement “We are grateful the court has again recognized the TLC’s power to address the problems that companies like Uber have created by flooding the streets of NYC. Drivers are bringing home an additional $750 a month on average because we fought back against their tactics, and the Mayor and TLC will continue to fight for less congestion and better pay for drivers.”
The legislation also allows New York City to set a minimum wage for drivers with Uber, Lyft and other ride-hailing services. The case is separate from Uber’s Sept. 20 challenge to a New York City “cruising cap” rule limiting how much time its drivers could spend without passengers in Manhattan south of 96th Street.
Uber has drawn criticism from many cities that its vehicles increase congestion, and commandeer business from taxis. The value of medallions, which are permits needed to operate yellow taxis in New York City and are distinct from ride-hailing licenses, has plunged as Uber and Lyft gained popularity. Taxi workers have long supported measures like the cap on for-hire vehicles to reduce the amount of vehicles driving around the city, as they face crippling amounts of debt due to a dramatic decrease in the value of medallions.
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