Progressive Credit Union v. City of New York, No. 17-1251 (2d Cir. 2018)Annotate this Case
Various entities and individuals associated with the New York City medallion taxicab industry filed suit under 42 U.S.C. 1983, alleging that defendants' regulatory scheme applicable to the ground transportation market in New York City violated their equal protection and due process rights and that they suffered a taking. The Second Circuit affirmed the district court's grant of defendants' motion to dismiss, holding that plaintiffs failed to state an equal protection violation because medallion taxicabs and for-hire vehicles (FHVs) were not similarly situated and thus the different regulations were supported by rational bases; plaintiffs failed to state a violation of procedural due process because the only effect on plaintiffs of defendants' permitting FHVs to operate in New York City and their promulgation of the Accessible Conversion Rules was some diminution in the value of a medallion, which was not a protected property interest; even assuming plaintiffs had suffered a deprivation of a cognizable property interest, they failed to plead facts to support their claim that they were denied a meaningful opportunity to be heard prior to the promulgation of the Rules; and plaintiffs' takings claim was unripe because they failed to seek compensation through the adequate state procedures that were available.