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Atlantic City Boardwalk battle: 2 Rolling Chairs operators vs. boardwalk jitney tram; $

Posted by Gold_12th on Thu Apr 17 13:03:05 2014

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NBC Philly video: http://www.nbcphiladelphia.com/news/local/AC-Boardwalk-Battle-Rolling-Chair-Operators-Want-Jitney-Trams-Off-Boardwalk-255594621.html

Boardwalk jitneys can get their trial run in Atlantic City after a judge ruled Wednesday that rolling chair operators will not suffer irreparable harm as a result.

Two rolling chair company owners challenged a city resolution that allowed "jitney trams" to operate on the Boardwalk from now until May 2, to see if the service could become permanent.

Ocean Rolling Chair and Atlantic City Boardwalk Rolling Chairs said the service — which will run free until April 26 — would cause irreparable financial harm to the companies and their 200 operators.

The prototype jitney tram will have its first free run Thursday, with a $3 fee to begin April 26.

That "stacks the deck against" the rolling chairs, which are required to charge $5 to push six blocks, said attorney Joel Schwartz, who filed for the injunction.

Judge Raymond Batten ruled that there was no proof the trial run would cause irreparable financial harm, so emergent relief was not warranted.

While the resolution calls them "jitney trams," Jitney Association President Tom Woodruff said they would run under the name Boardwalk jitney.

If the trial is successful, the plan would be to have the long golf carts-like vehicles that resemble jitneys begin regular runs in the summer.

More of the vehicles would be purchased using joint money from the city's 190 jitney drivers, and they would drive them on the Boardwalk on a rotating basis during their days off from riding their street jitneys. Jitney drivers work 15 days a month.

Schwartz said City Council violated its own rules by not putting the service out to bid.

But Assistant City Solicitor Michael Perugini said that is only required if the city is spending at least $17,500. In this case, there is no apparent expense for the city.

"(The city) put a competitor on the Boardwalk," Schwartz said. "You gave them a free ride. They didn't have to go through the proper channels.

Schwartz said he will likely continue the legal fight on the rolling chairs' behalf, battling against the jitneys becoming a permanent Boardwalk service.

It isn't just about money, he said, but the potential loss of a Boardwalk icon.

The civil complaint questioned whether City Council has any jurisdiction over what can and can't be on the Boardwalk, since it's within the Tourism District, under the Casino Reinvestment Development Authority.

Schwartz also argued that the vehicles would add too much traffic to the Boardwalk and whether it is structurally sound enough to hold the additional weight.

But Batten pointed out that — despite the CRDA's lawyer being notified and a preview of the court hearing running in The Press of Atlantic City — the authority did not send a representative to the court hearing.

The Jitney Association was not named in the litigation, but attorney Keith Davis was in court as its legal representative. He was not allowed to address the court, since the association was not named.

"I don't see how there's enough business," said Andrew Sanford, a rolling chair operator for Ocean. "Especially with half the traffic coming into Atlantic City that used to."

http://www.pressofatlanticcity.com/news/breaking/judge-s-ruling-allows-trial-run-of-jitney-trams-on/article_260243e2-c598-11e3-82c4-001a4bcf887a.html

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