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NYC congestion pricing lawsuits moving forward, a win for toll supporters

New York City congestion pricing lawsuits moving forward, a win for toll supporters
New York City congestion pricing lawsuits moving forward, a win for toll supporters 02:48

NEW YORK -- Congestion pricing supporters are claiming victory after a New York Supreme Court judge denied a motion by Gov. Kathy Hochul's lawyers to dismiss their lawsuits. 

The ruling comes more than three months after Hochul indefinitely paused the controversial tolling program just days before it was going to start. 

Lawsuits argue governor legally required to implement tolls

Groups such as The City Club of New York and transit advocates with Riders Alliance brought lawsuits seeking to end the governor's pause and begin charging drivers to enter Manhattan below 60th Street. 

In court, attorneys for the pro-congestion pricing side argued the governor cannot stop the plan, since it was written into law in 2019 by state lawmakers. 

The lawyers argued the MTA's Triborough Bridge and Tunnel Authority, which oversees tunnels and bridges in New York City, must make the final decision in order to remove politics from the case.

Hochul's legal team argued the effects of tolls on working-class New Yorkers are "too much" and cited the governor's statement that she would resolve the situation at a future date.

But it wasn't enough to sway the judge. 

"Every single argument that they raised, it was absolutely clear that they were frivolous. This notion that [Hochul] had discretion after June 5, or on June 5, when everything had previously been decided, is sheer nonsense," Richard Emery, a lawyer for the congestion pricing advocates, said. 

Hochul's legal team would not speak with CBS News New York at the courthouse, but we have reached out for comment. They have 30 days to appeal the judge's decision.    

Congestion pricing supporters and critics argue at pre-hearing rally

Other lawsuits, like one brought by Long Island leaders, argue the congestion pricing tolls are flat-out illegal.   

At a rally before the hearing, anti-congestion pricing advocates said the tolls would be financially disastrous for drivers.

One protester interrupted CBS News New York's interview with City Comptroller Brad Lander, who supports congestion pricing. 

"Talk about a square play. These guys interrupted our rally. We have every right to express ourselves. This is a bogus lawsuit, you know it. It's just to get attention, to get the media, and that is your objective," the protester yelled at Lander. 

The comptroller held a press conference a short time later, and the protests continued. 

"Alright you guys are getting the people that you're being rude to, are not to me. You're being rude to these other New Yorkers. So we're just going to chant again and wait until you give these folks time to speak," Lander said. 

"Congestion pricing now! Congestion pricing now!" Lander chanted with the crowd behind him.

Earlier this week, the MTA board voted in favor of its proposed $68.5 billion capital plan, which it says will keep the transit system from falling into disrepair following the congestion pricing pause.  

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