Antonio Alexandre can continue to drive a taxi in Rhode Island – for now. Alexandre and about a dozen other Massachusetts residents are caught in a tangled web of Rhode Island law that appears to make it impossible for a Bay State resident to obtain a chauffeur’s license in Rhode Island – and therefore, work here legally.
The case has made its way to U.S. District Court in Providence, where lawyers from the Attorney General’s office and the Rhode Island office of the American Civil Liberties Union hope to reach an accord.
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For now, Alexandre – who has lived in Massachusetts and driven a taxi in Rhode Island for years – can continue to drive a taxi here. The state Department of Public Utilities granted him an extension, pending the outcome of the case.
But others have not been so lucky. John Costa, another plaintiff in the ACLU’s lawsuit, was unable to renew his license after it had expired.
To the ACLU, the matter is not complex at all. Steven Brown, executive director of the ACLU’s Rhode Island office, said the DPUC has taken the position that under state law, out-of-state residents are not eligible to get a license to drive a cab in Rhode Island. And that, he said, is unfair.
“We believe that there is a long body of case law that prohibits states from discriminating against out-of-state residents,” Brown said. “That’s what this law does. It is poor policy for a state to treat non-residents this way.”
Brown said it is perplexing that the state has decided to take a new interpretation of an old law when there have been no recent changes in driving laws.
“Our two plaintiffs have been driving in Rhode Island for many years, while living in Massachusetts,” he said.
The state laws being relied upon by the DPUC have been in effect for decades. It prevents an individual from operating a taxi in Rhode Island before first obtaining a chauffeur’s license and relinquishing their operator’s license. There is an exemption for non-residents, but it provides that they must have a valid chauffeur’s license from their home state, and they must be licensed as a chauffeur in Rhode Island before accepting employment here. But there is a problem. Massachusetts does not have a separate chauffeur’s license. In effect, the law bans taxi permits for out-of-state residents.
Amato DeLuca, a lawyer representing the ACLU, said Massachusetts residents have a constitutional right to work in Rhode Island.
“United States citizens have constitutional right to travel from one state to another, and to be treated equally when they do so,” said DeLuca. “This right includes the ability to obtain employment or practice their occupation equally with state residents.”
DeLuca points out that Alexandre and Costa are “suddenly being prevented from engaging in a business that they’ve been involved in for over 15 years in Rhode Island.”
“They have made an investment in our state, and it has been taken away from them with no rhyme or reason,” said DeLuca. “This is totally inappropriate.”
But Elizabeth Kelleher, a special assistant attorney general, believes the law is well intentioned.
“This wasn’t meant to keep people out,” said Kelleher. “The chauffeur’s license is one step above the regular license. We want taxi cab drivers to be the best drivers possible. This provides more security for the public.”
Kelleher is researching the matter and expects to file a brief with the court next week. She acknowledges that it is a confusing issue, one that needs to be clarified for employees at the Department of Motor Vehicles – and for the taxi drivers. While the courts examine this chapter, Kelleher believes the issue may ultimately have to be resolved at the General Assembly.
“We are creatures of statutes,” she said. “Under Rhode Island statute, you must have a Rhode Island chauffeur’s license. The question is – can they get it, as a Massachusetts resident? That’s what I am researching now.”
Meanwhile, Brown is convinced not only that the law is unfair, but bad public policy.
“What Rhode Island can do to Massachusetts, Massachusetts can turn around and do to us,” he said.
