Tuesday, August 28, 2012

BarCycle Saved?

In somewhat of a surprise, the BarCycle WAS talked about today at the Taxi Commission meeting. The Commission's Council informed the Commission that his opinion is that the Taxi Commission does not have the authority over the BarCycle. There was some discussion whether the BarCycle fell under the "pedicab" distinction. A pedicab is a non-motorized vehicle that transports people through Flintstones era technology. (That is not an official definition, but you get the picture.) Council said that because the BarCycle was not around when authority over pedicabs was transferred from the Streets Department to the Taxi Commission, the Taxi Commission did not have authority over it.

Commission members Tucci and Hamilton were not in attendance at the meeting.

No official word on what happens now, but the assumption is that as long as the BarCycle can get its business license back, it is ready to roll.

An update will be made to this post when more information is available. **Update** According to this piece from the RFT, Dan hopes to be back in business by this weekend.

After 3 months of being wrongfully shelved, at least this is one hurdle less for the BarCycle.

**Update** Here's the email from Taxi Commission Executive Director Ron Klein to Phyllis Young that led to the email saying the BarCycle meeting was cancelled.

Alderwoman Young: On Saturday I received an email from my General Counsel Thomas McCarthy regarding STL Barcycle. Mr. Lloyd has obtained Counsel, Nicholas G. Frey, who has written a letter to Mr. McCarthy. In said letter he cites some specific language that is included in the State Statue that empowers the MTC. Specifically section 67-1809. This language is the same language that the Bar Owners in Soulard are arguing in Circuit Court that we do not regulate anything over 8 passengers.  While it is the MTC’s position that we are enforcing City Ordinance not State law regarding the Bar Shuttles and they do fall under our purview. What is crystal clear as cited by Mr. Frey is the language that says we can only regulate “MOTORIZED VEHICLES”.  It is the opinion of the McCarthy Leonard Law Firm that we clearly do not have the Authority to License the STL Barcycle as the current law stands. There is no Ordinance to Cover this type vehicle either. This language actually effects more than the Barcycle.  There will be no further action taken by the Taxi Commission on STL Barcycle. If you can please inform your constituents so they do not waste time appearing at the commission for a hearing we will not hold. Mr. McCarthy has informed Mr. Frey of this. Chairman Hamilton is currently out of the City. He wants me to inform you he will be contacting you regarding this matter soon. Sorry: Ron Klein
Nice to see the Commission knows the statues that govern it so well. Why this couldn't have been taken care of in June we will probably never know.