Somali Cab Drivers Sue Portland over License Policy Change

The relationship between the Portland International Jetport and the Somali taxi drivers who do the bulk of passenger pick-ups has long been contentious, with fights over where drivers can park, and how many there are. But the relationship hit a new low on Monday, when a group of a dozen taxi company owners and drivers filed a suit against the city, which owns the jetport.

The suit was prompted by the city’s announcement last month that, in keeping with code, it would start mandating in-person renewals for access permits and business licenses to operate at the jeport.

“We just see it as another piece of red tape that’s basically putting an obstacle in the way of these gentlemen and trying to make it harder for them to earn a living and do business with the city,” says Sigmund Schutz of Preti Flaherty, who is representing the drivers.

Schutz says this is an abrupt change from current policy, under which a cab driver could get a friend or relative with a power of attorney to apply for a permit on his behalf. Schutz says the rule change violates the state’s Power of Attorney law, and creates a hardship for Somali immigrants who still have strong ties to their home country.

“One of the drivers right now is in Africa visiting his daughter,” Schutz says. “He would have to return to personally show up at the airport for 20 minutes, to appear, file paperwork and then, potentially, he could fly back to continue visiting his family.”

“It shouldn’t be made difficult at all,” says Jama Farah, a Somali interpreter and spokesman for the drivers, whom he says feel like they are being unfairly targeted.

“You know, the taxi business, it’s not a business that could be seen as a business that makes lots of money,” he says. “It’s something that you need to be working all day. It’s a tough job.”

City spokeswoman Nicole Clegg says the city is not targeting the cab drivers, but simply complying with a reading of city ordinance by corporation counsel. “We do not believe that this is in keeping with city code in regard to the transfer of these types of permits.”

Clegg says that the city has only allowed drivers and cab company owners to use power of attorney agents since September 2010. That’s when the city said it would be capping the number of cab drivers allowed to operate out of the jetport to 40.

“We are aware that that space has only capacity for so many people, and once you exceed that it really doesn’t work well,” she says.

There were already 50 drivers at the time of the cap announcement, so 10 were grandfathered in, Clegg says. Clegg says that about 13 people have assigned power of attorney in the past year to someone they know, making it easier to ensure they get their application in during the two renewal periods of June and December.

Asked about the case, a state official said the issue appeared to revolve around state law versus home rule, but declined to comment further on tape.

City officials say that they don’t want to hurt the livelihoods of the Somali drivers and, in fact, have gone out of their way in the past to protect their jobs. For example, several years ago the city rejected a proposal to hire a single cab company to service the jetport.

“When Portland decided not to do that, there was concern about the impact it would have on the local taxi fleet,” says Councilor Ed Suslovic, who sits on the Transportation Committee.

Suslovic says the council made this decision despite the fact that using one company would allow the city to have more control over the quality of the cabs. “I know–the business community, I’ve gotten complaints from them about–they said, you know, ‘Someone flies in to to do business with us and they get into a cab that’s filthy, and it’s not a good first impression of the city.'”

Suslovic could not comment on the lawsuit, which he had not seen.

Pending the suit, cab driver Rashid Olhaye says that he is keeping his fingers crossed, hoping the man who owns the cab company he works for will make it back from studying in California to renew his business license in time. He’s not sure what he would do if he didn’t drive a cab.

Rashid Olhaye: “I try to do another job, if I am lucky.”

Josie Huang: “Is this a good job?”

Rashid Olhaye: “Not really. But for the time being, just to surive.”

Jetport Director Paul Bradbury, who issued the new policy, could not be reached for comment. The case will be heard in Cumberland County Superior Court. The attorney for the plaintiffs says that a judge will have to act before the end of the year to avoid a negative impact on his clients.

In the meantime,  the city, says spokeswoman Clegg, is willing to work with cab drivers who cannot renew in person because of some life event.