Last week, Judge Nathan dismissed a challenge by a group of yellow taxi medallion owners to New York City’s regulatory treatment of Uber and similar ride-hailing services. The plaintiffs alleged that the decision to exempt Uber and its drivers from the requirements imposed on yellow cabs constituted a regulatory taking under the Fifth Amendment and violated the Fourteenth Amendment’s Equal Protection Clause (see our previous coverage here). Judge Nathan rejected the takings claim as untimely, noting that New York State provided a mechanism for seeking just compensation for a taking, but plaintiffs had not attempted to avail themselves of it.
In response to the plaintiffs’ equal protection claim, Judge Nathan reasoned that the city was justified in separate regulatory regimes for yellow cabs and Uber:
Continue Reading Judge Nathan Tosses Yellow Cabs’ Fifth Amendment Takings Claim Over Uber Regulatory Treatment