Should Congestion Pricing Go Before Voters? Gov. Hochul’s Lawyers Want Issue on Ballot

ALBANY—In public, Gov. Kathy Hochul has repeatedly said her order to pause congestion pricing was motivated by economics, not politics. But behind the scenes, her lawyers are claiming the debate over the controversial tolling program does in fact live in the “political realm.”

The governor’s attorneys made the comments as part of a filing on Fri., Sept. 6, in response to a pair of lawsuits from advocates, who claim Gov. Hochul is legally required to launch congestion pricing due to a 2019 law that first approved the tolls. Her team wrote that the courts do not have the right to force their hand—and said the issue should be decided by voters.

“The proper forum to debate congestion pricing is the political realm— including, ultimately, ‘at the voting machine’—not the courts,” the filing said, as quoted in a report published in the Gothamist Mon., Sept. 9.

The news source contacted Danny Pearlstein, spokesperson for the advocacy group Riders Alliance, that’s behind one of the lawsuits. He said congestion pricing has already been debated politically for years. He noted that state lawmakers approved the tolls more than five years ago, and that MTA officials endured years of public hearings before proposing a $15-base-fee for drivers entering Manhattan below 60th Street.

“Riders fought for and won congestion pricing, and what we won was a law. The legislature voted for it and the governor signed it,” said Mr. Pearlstein. “When the next governor, Gov. Hochul, decided that she could pause it, she did it for political reasons.”

In the lawsuits, the advocates also argue that Hochul’s congestion pricing pause harms New Yorkers by blowing a $15-billion hole in the MTA’s construction budget that was supposed to be financed by the tolls. They also argue the decision paves the way for more gridlock and air pollution in the city.

A Siena College poll from August estimated 59% of likely voters in New York State felt congestion pricing “should be permanently scrapped.”

Gov. Hochul’s attorneys also argued in Friday’s filing that the 2019 law that first approved congestion pricing does not require the state to give final sign off for the program.

The lawsuits are scheduled to be heard in Manhattan state court on Sept. 27.

The full report is available at www.gothamist.com/news

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