Failure to include license number on website violated agency rule.
The Taxi and Limousine Commission alleged that a taxicab driver verbally harassed a female passenger. The driver argued that his comments to the passenger were not harassment under the State Penal Law and that the Commission was infringing his First Amendment rights. ALJ Faye Lewis determined that a finding of harassment under Commission rules does not require a finding of harassment under the Penal Law. ALJ Lewis also found that, in the licensing context, the right of free speech is not absolute. Congress and states are permitted to regulate the speech of licensees as a condition of continued licensing. Taxi & Limousine Comm’n v. Awan/a S-Lawn Care (in PDF), OATH Index No. 1719/13 (May 21, 2013), adopted, Comm’r Dec. (July 8, 2013).