Braintree Uber and Lyft Ban Suspended

How can there be a punishment when the mechanism to enforce it does not exist? That is the concern Town Clerk James Casey expressed about Braintree’s ban on transportation network companies (TNC) like Uber and Lyft during a Board of Licensing Commissioners meeting.

During an update on a cease and desist letter to be delivered to drivers using Uber and Lyft to pick up customers, the board voted Tuesday to delay the issuance of the letter after Casey said he has not sent the letter out and is unsure a ban would be enforced.

“I will not issue a letter on something I’m not sure how to administrate,” Casey said, admitting that he has been unable to think of a way the town could enforce a cease and desist order on drivers for TNCs.

With the cease and desist order temporarily halted, Uber and Lyft drivers remain free to pick up passengers in Braintree.

Building Inspector Russ Forsberg, who voted to against halting the ban, said the administration and enforcement of the ban are secondary.

“You don’t have the authority to decide if something goes out. It is your job to go with the vote of the board,” Forsberg told Casey.

Casey also said he has met with Mayor Joseph Sullivan and acting Town Solicitor Carolyn Murray to discuss a draft of regulations and ordinances for TNCs that would be ready in 7-10 days. If approved by the commissioners, the regulations would be sent to the town council, referred to the ordinance and rules subcommittee, before returning to the full council for a full vote.

The news is an unwelcome development for the Braintree taxi industry. Braintree Best Taxi owner Greg Najjar initially requested the cease and desist letter in April.

Jenifer Pinkham, an attorney representing Braintree Best Taxi, accused the board of bowing to political pressure during the meeting, an accusation denied by Casey.

“I think that subsequent to the last vote there have been private meetings and board members are feeling pressure to reconsider their position,” Pinkham said after the meeting.

The suspension of the ban is a reversal of a decision in May to issue a cease and desist letter to any TNC driver operating in Braintree that was not in compliance with local rules and regulations for pickup services.

The board will pick up the issue again at their next meeting in August.