Listen to this articleAs New York State’s congestion pricing program received final federal approval, the Town of Hempstead on Friday filed a lawsuit against the state, challenging the plan.
The Metropolitan Transportation Authority Board had approved the controversial plan on Nov. 18. Under the approved plan, beginning Jan. 5, 2025, drivers will pay $9 to enter Manhattan south of 60th Street, the Central Business District. The plan passed with one dissenting vote.
On Friday, Town Supervisor Don Clavin said the filing of the suit was backed by bipartisan support by federal, state and local leaders. He claims the MTA failed to follow administrative procedures, disregarding public opinion.
“The MTA’s predetermined vote is a sham,” Clavin said in the news release about the lawsuit. Gov. Kathy Hochul “and the MTA have completely silenced the voices of hardworking Long Islanders, rushing this plan through with no public comment or transparency. This is not just wrong – it’s illegal.”
In the lawsuit, the town – it’s represented by Rosenberg, Calica, Birney, Liebman & Ross, a Garden City law firm – contends that the MTA violated the state’s Administrative Procedure Act by failing to file the plan in the state register and denying residents the legally required 45-day public comment period.
“Silencing the public on a measure that will devastate Long Island families is both immoral and illegal,” Clavin said. “The governor and MTA must be held accountable.”
In a statement posted to social media, U.S. Rep.-elect Laura Gillen, a Democrat, said that Nassau County residents “are facing a cost of living crisis and congestion pricing adds an additional financial burden on everyday Long Islanders during a time when they can least afford it.”
Gillen urged Hochul “to listen to all those impacted by this decision, not just Manhattan residents, and put an end to this plan. Albany should find another, more responsible way to fund the MTA than by harming overtaxed commuters.”
If Hochul “moves forward, I will take any means necessary to stop it,” Gillen said.
In supporting the program, Hochul said recently that the revised plan, now at a reduced rate from the original $15 congestion toll, would allow for much-needed transit projects, including new modern signals, expanding the Second Avenue subway, incorporating new electric busses and elevators, as well as bring major investments for suburban commuters.
President-elect Donald Trump said recently that he “strongly” disagrees with Hochul’s decision to revive congestion pricing, saying it would put the city “at a disadvantage over competing cities and states, and businesses will flee.”
Still, the program has supporters, including the Regional Plan Association (RPA).
“Congestion pricing will reduce congestion on our streets, which are suffering from record-slow traffic speeds; provide dedicated and predictable funding for the MTA’s capital program; and improve the air quality of neighborhoods that have long suffered the brunt of heavy traffic and pollution,” Kate Slevin, RPA’s executive vice president said in a news release about congestion pricing.
“Public transit riders are one big step closer to more reliable trains, accessible stations and faster buses,” Riders Alliance Executive Director Betsy Plum said in a statement. “After years of campaigning and holding our leaders accountable, relief cannot come soon enough.”
But Clavin said that the MTA and Hochul “are rushing this through before a new federal administration can intervene. We won’t let them get away with it.”
The Associated Press contributed to this report.