Facing the impending implementation of congestion pricing by the Metropolitan Transportation Authority (MTA) in New York City on June 30, grassroots organizations and bipartisan city council members have not ceased their resistance to the congestion fees. Opponents have sued the MTA for failing to adhere to the Environmental Impact Statement (EIS) report and disregarding the impact of congestion fees on Chinatown restaurants in Lower Manhattan and individuals needing to travel into the city for medical care.
New Yorkers Against Congestion Pricing Tax (NYACT) held a press conference on May 2 outside Hop Lee Chinese Restaurant in Chinatown, accompanied by Democratic City Council Member Robert Holden and Republican Council Member David Carr. In January, Holden and Carr joined NYACT in a lawsuit against the congestion fees, demanding that the project must include an EIS covering both economic and environmental impacts, rather than solely relying on environmental assessments.
Attorney Kathryn Freed, representing NYACT, stated during the press conference that if the court takes action before June 30, it would be challenging for the MTA to enforce the congestion fees on time; even if the lawsuit is rejected, the suing party will continue to appeal. Freed pointed out, “MTA’s announcement to collect congestion fees by June 30 is intended to restrict speech and make everyone believe that the sole purpose is to impose congestion fees.”
Councilman Holden, in an interview with Epoch Times, expressed, “There will be more legal actions to come. I won’t speculate on whether the court will reject the lawsuit, but congestion fees are a serious issue for New York City, especially a fatal blow to Manhattan, where zero-dollar purchases are already rampant.”
Holden noted that conducting an EIS would take 18 months, more time-consuming and costly than an Environmental Assessment (EA), but it would provide a clear outcome of potential consequences, including the pollution that congestion fees may cause in administrative districts outside of Manhattan.
Representing the Middle Village district in Queens, Holden indicated that 95% of voters in his constituency are against congestion fees, especially elderly individuals needing medical care in Manhattan. He emphasized that while he could afford the fees, not everyone can bear the burden; stating, “Congestion fees should be levied on those entering New York City, while city residents should be completely exempt.”
MTA announced last Friday, April 26, that starting midnight on June 30, vehicles entering south of 60th Street in Manhattan would be subject to the “pioneering” congestion fees, expected to generate $15 billion to improve the city’s subway system, with 80% allocated for NYC transit improvements.
Councilman Carr highlighted that MTA’s failure to implement an EIS is inappropriate, as environmental assessments are considered secondary compared to the standards required by the lawsuit. Carr further stated that Staten Island voters were shocked by MTA’s assertion claiming the absence of transit deserts in New York City, deeming the agency’s statements out of touch and lacking credibility.
Rep. Vito Fossella from Staten Island, along with NYC Teachers Union, sued MTA earlier in January, joined by New Jersey Governor and Fort Lee officials challenging MTA.
Congresswoman Nicole Malliotakis from Staten Island and Congressman Josh Gottheimer from New Jersey jointly introduced bipartisan legislation (H.R.8121) on May 24, prohibiting the implementation of congestion pricing in New York City.
Despite the federal approval and MTA’s rebuttal on the incomplete environmental review process, emphasizing the necessity of sufficient funds for public transit to address worsening street congestion and air pollution problems, local New Yorkers opposing congestion fees also fear the post-implementation economic impacts.
Susan Lee, chairperson of NYACT, expressed concerns that enforcing congestion fees on June 30 would stifle small businesses, severely damage their operations, and increase the cost of daily goods and services for all New Yorkers, whether they use public transit, cycle, walk, drive, or use ridesharing services.
Lee stated that holding the press conference outside Hop Lee was meaningful to her as she grew up dining there with her family, witnessing the historic restaurant’s struggles after the 9/11 attacks, Hurricane Sandy, and pandemics. She emphasized, “When these pillars supporting Chinatown’s century-old small businesses crumble, Chinatown will cease to exist.”
Democratic district leader Justin Yu and Italian-American lawyer Edward Cuccia were present that day, advocating for businesses in Chinatown and Little Italy.
District leader Justin Yu highlighted that Chinatown has lost a significant amount of population over the past 21 years, and local residents cannot sustain the neighborhood’s economy. As the restaurant industry is impacted by congestion fees, costs will be shifted onto consumers.