New York Metropolis Main Eric Adams introduced on Thursday that he’s suing bus corporations for over $700 million for busing undocumented individuals to the state. That is actually a factor to behold. It’s a frivolous lawsuit based mostly on an absurd legislation motivated by uncooked hypocrisy. Within the meantime, the Biden Administration has been flying migrants to exterior town however no lawsuit is predicted.
New York Metropolis politicians have lengthy heralded their standing as a sanctuary metropolis. But, it’s now taking varied strategies to forestall migrants from searching for sanctuary by threatening anybody who brings them to town.
The lawsuit will depend on New York Social Companies Legislation § 149, which requires that “[a]ny one who knowingly brings, or causes to be introduced, a needy individual from out of state into this state for the aim of creating him a public cost…shall be obligated to convey such individual out of state or assist him at his personal expense.”
After all, these corporations are usually not transporting individuals to make them a public cost. They’re transporting these individuals as a result of they or a 3rd celebration paid the fare for transport. That statute expressly permits the commissioner of the New York Metropolis Division of Social Companies (DSS) to sue to recuperate prices.
In searching for to impose crippling fines and damages on transportation corporations, the lawsuit will possible be challenged as unconstitutional attributable to its vagueness, curtailment of interstate journey, and a bunch of different obvious issues.
That is clearly an effort to grind corporations financially. It’s uncertain that anybody in New York critically believes that they’ll drive bus or airline corporations to pay for migrants coming to a self-proclaimed sanctuary metropolis. It’s a cynical effort to impose litigation prices on corporations to get them to refuse to simply accept such contracts. But, how is an organization supposed to find out if somebody buying a ticket is a possible “public cost.” Does that apply to anybody who’s impoverished? What proof of assist is required from the passenger? Such inquiries may themselves violate authorized and constitutional protections.
Transportation corporations promote seats for transport. They don’t seem to be accountable for individuals who buy the tickets for his or her final assist. They don’t seem to be answerable for the prices {that a} traveler might impose on a given metropolis. If that had been the case, I’d sue the airways everytime they fly the Packers to Chicago to play soccer. (Now that I give it some thought ….hmmm)
