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Linton Stings Uber After Calling Livery Service 'Illegal'

01.13.2012_lintonsting.jpg
Linton, right, tells the driver, Ridah Benamara, his Uber rides are illegal.

After saying earlier this week that it was operating illegally, D.C. Taxicab Commission Chairman Ron Linton targeted Uber, the company whose smartphone app hails users rides from luxury sedans, in a sting at the Mayflower Hotel this morning.

But for all Linton's complaints that Uber was outside the District's livery regulations by having limousines charge for time and mileage, it was an unlucky driver who got the brunt of today's operation.

Shortly aft 9 a.m., a pair of DCTC enforcement vehicles pulled up to the hotel. Linton arrived a few minutes later in a Lincoln Towncar he reserved through Uber. Upon exiting, Linton and his officers surrounded the driver, who was clearly stunned to find himself in such a situation.

"We have no beef with the company," Linton told DCist. "We test to see how they're doing it. The driver has no District face card and he's charging by mileage. He can charge by time."

In Washington, Uber charges a base rate of $7, then adds $3.25 for each mile traveled plus 75 cents for each minute a car is hired. Hailed taxis cost $3.00 to get in and go one-sixth of a mile, then 25 cents for each additional sixth of a mile, along with a waiting fee of $15 per hour billed per-minute when a cab is stopped in traffic. Linton's ride to the Mayflower was $21.

"We have to look at Uber," Linton said.

But this morning, it was the driver, Ridah Benamara, who felt the brunt of Linton's agenda. Benamara, who is based in Virginia, said he owns his Towncar and has been affiliated with Uber for about a month. He said he typically charges $35 an hour for direct-hire limousine services; Uber has been a nice add-on.

"I don't get it," he said as DCTC officials inspected his license and scribbled notes on their citation pads.

Benamara was cited for charging for mileage and distance without a D.C. taxi license and for not having proper proof of insurance. Both carry fines of $500. The DCTC officers also called a tow truck, for which Benamara will be charged an additional $75 to $100, as well as a daily impound fee of $35. Sharon McInnis, a DCTC licensing and enforcement officer at the sting, told Benamara he could retrieve his car after paying the fines and requesting a hearing, but not until the next business day. With the Martin Luther King Jr. holiday on Monday, Benamara will have to wait until at least Tuesday to get his livelihood back.

Uber was quick to react, sending over two of its employees to assist Benamara, but they were clearly angered by Linton's operation.

"Every driver has an L tag or or H tag," Rachel Holt, Uber's general manager for Washington, said as Benamara's Towncar was being hooked to a tow truck. "All our i's are dotted." She also said that Uber had Benamara's insurance information on file.

After Linton first called Uber illegal, the company's CEO, Travis Kalanick, told DCist he'd be "happy to talk to the chairman about his concerns."

That Linton targeted an individual driver today rather than the company itself seems to be a move that could sow wariness among sedan drivers considering affiliating themselves with Uber. DCTC does plenty of enforcement, and out-of-state drivers are not allowed to pick up passengers in the District without a prior contract. Additionally, most citations probably do not feature the presence of the commission's chairman.

Still, Uber seems to rate highly with drivers. Solomon Mike, a D.C.-based driver who operates both a taxi and a luxury sedan and happened to be at the Mayflower this morning, said he's affiliated himself with Uber, too.

"It's been a good addition," he said.

Contact the author of this article or email tips@dcist.com with further questions, comments or tips.

Comments [rss]

  • Madayee
    You have to experience it yourself, go to DCTC , you will think for a moment that you 're not in the states but you're somewhere in Africa where they treat you like an animal not a human. It is amazing that between virginia and DC is only a river, but it apear like an ocean. One time I've asked for an aplication, one of the ladies who works there her name is Mrs Roberts, she refused to give me an application - why ? I asked , Her answer was: Because I don't want to . I have also noticed that , they back up eachother whether it is right or wrong. Another time I had an appointment with Swain the ex commission chairman , when I arrived 15 mn earlier , I was told he left to the gym . Only DC resident can fix this DC, these people are hurting the capital of free world.
  • Sgt_HulkasToe
    I'll agree with Martin here, which I know means I'll be branded a bootlicker. 

    It's quite normal for Agency Heads to be seen at the scene of a bust.  It gives them visibility and makes them look like they have their hands on the tiller and steering the ship.  They do this in NYC a lot.  Jerry Hauer got fired for showing up at emergencies without telling Giuliani. 

    I think the issue is that while cabs here suck, they're not advertising and flaunting their suckage.  Uber is essentially breaking the law in the eyes of the TC and marketing it, and that has to stop.  Should Linton have contacted Uber?  Sure.  But the issue is that they're not going to come to agreement because the fundamental issue of whether limos can charge by the mile is not going anywhere. 

    Also, I use DC Yellow Cab exclusively because I like rewarding a company that takes credit cards and tells me where their cab is.
  • Ron Linton can't even bring himself to promote a New York Avenue I-395 tunnel extension that meets FHWA standards for line of sight distances in curved tunnels:

    http://wwwtripwithinthebeltway...

    Ron Linton is just another mediocre 'good old boy' reward not for his competence but rather his loyalty.
  • Newhce
    This article explains the situation better.

    http://techcrunch.com/2012/01/...
  • HillmanDC
    The funny part here?  Uber couldn't buy better publicity than this.
  • greent6
    I am not sure where I fall on this one, but I do know that the "It may be illegal but let them do it" crowd is hilarious. 

    Food trucks and Uber: it may be illegal but we like it so fuck off.
    --DC yuppie/buppie/young urban hip whatever whatever
  • Newhce
    I'm not saying "It may be illegal, but...."  If they are illegal then fine/get rid of them. And I can't ever see myself using their service. But a hasty sting like this without even talking to counsel to figure out the legal situation?  Gimme a break.
  • HillmanDC
    Or Linton could have picked up a phone and called Uber and asked them to meet with him to discuss his concerns  and to make sure they were operating legally, as apparently there may be some confusion. 

    Literally would have taken, what, two minutes?

    That's what an adult without an agenda would have done.
  • daving313
    Why didn't Uber meet with Linton before opening up shop?  If they planned on being so disruptive in a tightly regulated market, I'd think they would want to clear it through the top.  Doesn't sound like they ever went to that level.
  • HillmanDC
    According to Uber they did contact the Taxi Commission.  They apparently contacted representatives down the food chain than the actual Commission Chairman, which is what you would expect (I assume he's not exactly manning the front lines on a regular basis, except when it's for cheap publicity purposes).

    In fact, Linton is on record as having knowledge that Uber says they did exactly that. 

    That apparently wasn't good enough for him.
  • daving313
    So that permission from down the food chain must be documented somewhere?  Just surprised as big as this has blown up that document hasn't been shared.
  • Newhce
    I'd order my self a nice comfy town car as well if I spent the previous night in a room at the Mayflower getting rogered by dozens of DC cabbies.
  • DRocco
    Wait, did the driver actually do something illegal? And, if so, is it something that every Uber driver is doing, or was it just this guy? I are confused.
  • This much is clear: the city doesn't really care about people that want to give other people money in exchange for goods and/or services. Call us consumers, residents, tax payers, whatever, we're being ignored in favor of stunts and gimmicks.
  • Ollie Pooeater
    You must be new here.TM

    The city is only interested in people and entities that pay back a portion of their profits into reelection campaigns. Taxi's and the bar industry are two groups that pay generously into reelection campaigns above and beyond the taxes they generate. Every single one of DC's over-regulations is created as an opportunity to enrich someone in the government to get something waived. That's how large cities work (boston, chicago, nyc, etc all operate this way on one level or another).

    Uber's lawyers mistakenly thought that the City Government worked under the rule of law when they read DC's taxi regulations and decided they were legit. Guess what? Rules don't matter in DC as Vincent Gray, Marion Barry, HTJ etc.... have shown us. Rules are for suckers, but you have to pay the piper to avoid them. Uber didn't think it had to play ball, which is why the Taxi Commission dropped the hammer.

    The one thing I'm genuinely curious about is whether a Uber dispatched cab pays *any* DC taxes. If not, I think the city has a legitimate gripe. (Although we all know that the entire industry underpays their taxes, that's an enforcement issue.)
  • I comment to point out the obvious. Thanks for the lowdown.
  • HillmanDC
    Good question.  I've taked Red Top sedans before, and I seem to recall they add a DC tax, as it's a service originating in DC.
  • arglebargle2
    Uber must not have paid its bribes. Or they didn't pay enough.
  • I may be cynical, but I'm surprised by the seemingly-genuine surprise people are showing at Linton's move. He's no PR genius, but he doesn't have to be. The existing regulations, though archaic, generally benefit cab drivers. Uber is a threat to business as usual, so DCTC is using the existing laws to punish Uber and make it too expensive for them to do business here, thus maintaining DCTC's secure place.

    It's the same way that the restaurant association is pushing the city to crack down on or outright ban food trucks: Instead of advocating regulations that are better for everyone, just push the system to enforce stricter rules on your new competition. Sure, the industry as a whole might suffer and customers don't get any new choices in the marketplace, but why would that bother the entrenched powers? They'd rather do whatever they can to maintain their status and their income regardless of how it affects the consumer or businesses as a whole.
  • DRocco
    DCTC is not analogous to a restaurant association. DCTC is not around to represent the interests of the taxi industry; it's around to regulate the industry while representing the interests of the people of DC.

    That's the difference between government and business and the reason why government governs, instead of business.
  • You're right; I did not draw a distinct line between the two types of organizations, but the truth is I've never gotten the impression that DCTC functions as the type of government watchdog that it is supposed to be. It's an extremely opaque commission that seems to put the desires of the industry it supposedly regulates before the taxpayers it is supposed to serve.

    I don't hold Uber blameless; if they really did not perform due diligence and determine how to abide by the law, that's a problem. But one is left to wonder why DCTC decided to jump on the new kid on the block - one that already has drawn the ire of existing businesses for being new competition - when it seems to ignore numerous complaints of abuse that have been leveled at the existing taxi companies for years.
  • mirrorballdc
    This is the Internets, dammit!

    http://img.wallpaperstock.net:81/simpsons%3A-angry-mob-fun-run-wallpapers_20732_1024x768.jpg
  • paulcotton
    stop making sense! there's no place for it here when we're outraged.
  • Oops. My bad.
  • HillmanDC
    Wow.

    All I've got is wow.

    No, wait, there's more.

    Not sure which is more stunning.  The stupidity, the pettiness, or the brazen whoring for the taxi status quo.

    Would it have killed Linton to contact Uber before pulling this move?  Really.  Apparently they are quite easy to find.

    I'm no lawyer, but I think a decent lawyer could have a field day with this in court in DC.  Using the power of your office to conduct what looks a whole lot like a personal intimidation vendetta against a particular company, astonishingly selectively.

    If I were a businessman considering locating my service in DC I'd look at this and seriously reconsider. 

    Couple that with Vince Gray's on-the-record threat to deny Walmart legal building permits if they wouldn't do him a political favor of building in his home ward, and you've got a PR debacle, a city that is becoming known for saying Fuck You to any new business idea,  and quite possibly great fodder for any business that wants to sue the city for pretty much anything resembling interference with business licenses, etc.

    It's crap like this that validates every single misgiving I had about Vince Gray becoming mayor.

  • "I'm no lawyer, but I think a decent lawyer could have a field day with
    this in court in DC.  Using the power of your office to conduct what
    looks a whole lot like a personal intimidation vendetta against a
    particular company, astonishingly selectively."

    This I doubt. The guy's a regulator, and he's regulating. Is it a stunt? Yeah. But stunts aren't against the law.

    Also, you should come to a DCTC meeting to hear what cabbies say about hack inspectors. They're pretty roundly hated for what they do.
  • HillmanDC
    Actually, no.  He's the Commission Chairman.

    Unless I'm mistaken the Commission Chairman doesn't routinely go on cab inspections, undercover or otherwise.

    And cab inspections don't usually involve press conferences, both before and after, that are clearly designed to intimidate one particular company into making sure no one will work for them.
  • The commission chairman is the chief cab regulator. That's what he does.

    And I agreed on the stunt aspect of it -- not really necessary. As for press conference, again, what government agency doesn't invite the press along when they want to break what they feel to be big news?

    As for "intimidate," that could be valid if Uber could prove that another company doing the same thing wasn't being targeted. Otherwise, it's like an alcohol regulator walking into a bar that he knows doesn't have a license.

    Again, I'm not saying the sting was needed, but Linton's job involves making sure rules are followed.
  • HillmanDC
    Martin, are you really that dense?  Are you really suggesting that heads of agencies should personally go on undercover stings, and that this is somehow business as usual, not some bullshit petty vendetta and payback to irate cabbies?

    Look, I know you are all up Vince Gray's butt (even now), but even you must admit this one stinks of petty rank pay-back by the Gray administration to a constituency (cab drivers that live in MD).

    But at least you are reporting on the issue now.  I seem to recall a day when you failed to think it was a story when Vince Gray canned the former Taxi Commissioner and put this toadie Linton in his place.

  • Newhce
    I get what he is saying. He is right on that.  It was a dumb move, tho.
  • Wow. You seem to have missed all the parts when I questioned the wisdom of the sting. All I was saying to begin with was that Linton is unlikely to end up in court for this -- it's within his scope, whether or not it's a smart thing to do.

    And as I tell everyone here, you can always feel free to email me (many people have) if you want to talk more about this stuff. If you have insights to share or stories you want us to chase down, we're always open to hear them. Seriously.
  • HillmanDC
    "Again, I'm not saying the sting was needed, but Linton's job involves making sure rules are followed."

    Which would involve Linton or one of his underlings contacting Uber and asking them to clarify their business model.  Then and only then if they didn't comply then you do some sort of enforcement.

    It would not involve this bullshit.
  • Why not? Enforcing rules runs the gamut from issuing warnings to handing out fines. Like I said, the sting was over the top, but it wasn't outside the scope of what Linton -- or most any regulator -- is allowed to do. Whether it's wise is certainly a whole other question.
  • Newhce
    There were two hack inspectors there (meaning all of the hack inspectors were there).  They probably could have handed out a dozen violations in that time.
  • HillmanDC
    Really?  The chairman goes on undercover stings as a routine part of his job?

    Name one other sting he's went on himself.

  • Newhce
    Cabbies hate inspectors???  SHOCKING!!!!!   I guess the  inspectors must not be doing their job correctly. They are hated precisely because they are doing their job.

    Come on man, you are really out of your depth on this issue.

    better 'jaded and dated' than 'naive and deceived"
  • Not naive, and not deceived. And you know you can always get in touch to share your "jaded and dated" wisdom.
  • Newhce
    No need. I'm resigned to the fact that you just dont "get" this issue.
  • ms_last_minute
    You've forced my hand, Martin: 

    http://www.youtube.com/watch?v...
  • BrandName
    I'm starting my own taxicab boycott.  So sick of the shenanigans.  I will avoid taxis at all costs... when will end up being about $300 a month my company will save.  Please join me.
  • DC_Mikey
    I am so mad after reading this article, I'm making a personal pledge NOT to use any DC Taxi Commission cabs until that asshole Linton makes up for this publicity racket.  Linton, thanks to your stunt, the taxi drivers (you profess to police) aren't getting a dime from me.  Uber, I'm with you on this one!!
  • BrandName
    What a crock of horseshit.
  • BombaySplashVermouth
    Keep a good percentage of a $500 ride and I would be happy too. However, paying $500 for a ride would piss me off.
  • Newhce
    Are you fucking kidding me?  DC cab inspectors have been cut in half
    since Gary took over, and this guy spends the time an money to go after
    Uber?  Uber may very well be breaking the law, but get your priorities
    straight, man. 



    This guy is a tool. 



    Oh, that's right, he is waaaayyy better than the guy he replaced.



    http://dcist.com/2011/04/leon_...



    /sarcasm
  • Kev29
    Here's what all taxis will look like under my reign...

    http://www.pedicab.com/images/...

    - White Mayor™
  • DCTransplant
    I think the Mayflower is the root of all evil in this city. Without it there wouldn't be any scandals and entrapments!
  • Bethesdaist
    Plus they got rid of their bar --- BOOOOOOO
  • I've had some fun company holiday partys there though.
  • JC
    Me too.
     - Client No. 9
  • Dread_Pirate_Roberts
    A few thoughts:

    First, "DCTC enforcement vehicles." Hahahaha. What are they, 1990 Crown Vic's? I guess their suspension noises count as a siren.

    Second, this stunt was clearly a scare tactic. Strategically, it makes some sense as it will likely get Uber's vendors to think twice.

    Third, I think this was ill-advised, as it is likely setting DCTC up for some nasty and expensive litigation and is piss-poor public relations.

  • knackers
    Good thing the city so is getting so well-practiced in paying out settlements due to ill-advised actions by officials.
  • Dread_Pirate_Roberts
    You would think that they would have figured that out by now. Ah well, keeps the lawyers busy!
  • knackers
    Sometimes I wonder if this city was just set up as a conspiracy to keep lawyers in business. Keep the same group of bumbling, half-wit boobies in charge making poor decisions, then rake in the fees.
  • I'm curious as to the litigation aspect. If they caught a driver with a limo license charging for time and distance, that's against the rules as they're written.
  • Dread_Pirate_Roberts
    I frankly haven't a clue. I suspect injunctive/declaratory relief to enforce the rules as written and to disgorge the fine. The rub here is that DCTC, as a government entity, will likely be subject to sovereign immunity. That should prevent wildly optimistic damages claims.
  • No cash changes hands in the car. Uber will pay the driver/company, and keep their cut. What if Uber is paying the driver by time only? and Uber keeps a convenience fee?
  • mirrorballdc
    Something tells me the DCTC isn't exactly concerned about it's piss-poor public relations.

    Though maybe we should all fill out their "ask the commissioner" form and inquire as to whether we can expect Mr. Linton to personally crack down on cab drivers violating city regulations

    http://app.dc.gov/apps/about.a...|30623| 
  • poopieface
    Thanks for the tip. Just sent a message.
  • tspack
    Excellent idea. Just did so.
  • Kev29
    DCTC is a longtime client of Ron Moten's Piss Poor Public Relations®, LLC.
  • Pete_eats
    ...A minority-owned, disadvantaged CBE located in a basement apartment of Swampoodle.
  • From Mike DeBonis:

    "Linton said Friday that he’s seeking legal counsel on the the Uber service from the District’s attorney general. We’ll update with comment from Uber when I get it."

    Intimidate first, seek legal counsel afterward? Great plan!
  • mirrorballdc
    Step 1 Intimidate driver
    Step 2 Seek legal counsel
    Step 3 ????
    Step 4 Profit!
  • DCTransplant
    Step 5? Answer # 5?
  • wizzyliz
    Fundraiser!
  • I agree with the comment John Porter made. How about a sting on U St at 2AM when cab drivers refuse to take me to upper NW and drive off to pick up a group of drunk girls on the corner?
    Or, how about a sting for when cab drivers force me to bribe them to take me to Crystal City late at night on weekends when they literally turn their off their meters.
  • If you find a police officer, they will usually give the driver a mouthful for not doing what their suppose to do.  Also, never tell a cab driver where you're going until you are in the vehicle.
  • BombaySplashVermouth
    I was not on any corner at 2am. I don't do that anymore.
    well, sort of not often, and not last year either.
  • DCUnionGuy
    Running late work this morning, i was in a cab w/ a broken meter, no driver ID dispalyed anywhere and a nasty shake when he went over 30mph. 

    Obviously, we must destroy Uber!
  • "
    Really? Fine the driver $1,135 instead of fighting Uber?"

    Since it seems Uber is beyond their reach, based on the definitions in the DCR, this is probably their strategy - starve out the company by making drivers afraid to ally with them.
  • Yeah, and if he's in the wrong he'll be slapped with an illegal restraint of trade lawsuit.
  • Under the River
    DC Government restricts trade all the time.
  • Joan Arkham
    Jeez, what a racket. In the 1920's Chicago sense.
  • CJ_Scudworth
    DCTC enforcement vehicles

    What the hell are those?

    http://i.telegraph.co.uk/multi...
  • Sgt_HulkasToe
    They look just like MPD cars but they have the letters DCTC on the rear quarter panels.
  • DCUnionGuy
    Oh good, the Taxi Commish got to play policeman this morning.  Linton was probably fully erect when the deal went down.

    It's still a violation, but there's a long damn way between not having proof of insurance vs not having insurance at all.  One of them is a serious matter, the other is a garden variety fuckup.
  • PelosiLoveChild
    Taxi Mayor Gray approves
  • I don't have a problem with this. If I'm getting a town-car, that should be a different type of arrangement than a per mile fare and a flat-hour-rate makes more sense. Uber is trying to appear as the Park Place of taxi's when it is, in fact, pure Baltic Avenue. Now if you'll excuse me, I'm late for the Short Line Railroad.
  • lobotomist
    I hate you.
  • Thanks! Why and what do I owe you?
  • lobotomist
    What?
  • What's hard about this?

    Why? Why do you hate me?

    What? What do I owe you for hating me? Surely there's a charge involved. I'll only pay you by the mile, though, not by the hour.
  • lobotomist
    whatever
  • If the DC Taxicab Commissioner spent this much time policing his own drivers (and issuing them citations) there would be no need for Uber.
  • But apparently they forgot to cross the t's.
  • 80p
    Really? Fine the driver $1,135 instead of fighting Uber? Way to endear yourself with the public, Taxi Commission.
  • You are an excellent tactician, Gary. You let your second in command attack, while you look for weakness.

    http://3.bp.blogspot.com/_vKkO...
  • Benamara was cited for charging for mileage and distance without a D.C. taxi license and for not having proper proof of insurance. Both carry fines of $500. The DCTC officers also called a tow truck, for which Benamara will be charged an additional $75 to $100, as well as a daily impound fee of $35.

    I am shocked, shocked to see a DC Taxicab Commissioner pull a total b*tch move like this.
  • Under the River
    A S S H O L E
  • DCTransplant
    x10
  • So... good thing they're checking on the "legit" taxi industry in town...
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