New Orleans Cab Companies Denied Cert

On May 20, the Supreme Court denied cert in Melancon et al v. City of New Orleans, a case coming out of the 5th Circuit challenging a massive re-regulation of the taxi industry in the Big Easy.

These ordinances banned the use of law enforcement vehicles, vehicles previously used as taxis in other jurisdictions, and "salvaged," "reconditioned," or "rebuilt" vehicles as taxicabs.  More ominously, it declared that driver's permits and the wonderfully named Certificates of Public Necessity and Convenience ("CPNCs"-- akin to medallions) are privileges and not right.  They required taxicabs to have a taximeter with Passenger Information Monitor (PIM) device, which generates detailed printed receipts and prohibits the use of handwritten receipts and they required all taxicabs to be fitted with global positions systems (GPS).

The taxi companies argued that the ordinances constituted a taking without just compensation.  They had prevailed in the District Court before Judge Fallon, who issued an injunction.  But the Fifth Circuit largely reversed.  With the Supreme Court denying the cert petition the case, which argued that the city's ordinances will likely wind up back in the district court, where some of the plaintiffs' factually specific claims still have some life.

The District Court decision is here: http://media.nola.com/politics/other/Doc%2044.pdf

The 5th Circuit Decision is here: http://www.ca5.uscourts.gov/opinions/pub/12/12-30921-CV0.wpd.pdf