RI's Truck Tolls Blocked By Federal Judge

RHODE ISLAND — A federal judge ruled Wednesday that Rhode Island's truck tolls violate the U.S. Constitution and barred the state from collecting or charging them.

In a 91-page decision, U.S. District Judge William Smith ruled the tolling program violated the U.S. Constitution's commerce clause. Smith said Rhode Island is "permanently enjoined from charging or collecting tolls" and enforcing nonpayment penalties, beginning Friday.

"Because RhodeWorks fails to fairly apportion its tolls among bridge users based on a fair approximation of their use of the bridges, was enacted with a discriminatory purpose, and is
discriminatory in effect, the statute’s tolling regime is unconstitutional under the dormant Commerce Clause of the United States Constitution," Smith wrote in his ruling.

Gov. Dan McKee's administration said the governor is reviewing the court decision, but he does not support tolling passenger vehicles.

"We want to very clear: the Governor and his Administration do not support and would not implement a tolling program on passenger vehicles," Matt Sheaff, a spokesman for McKee , said in a statement. "As this ruling has just come out, our team is reviewing the decision and evaluating next steps."

The decision was the latest saga in a battle between Rhode Island and the trucking industry and creates questions for how the state will make up the funding source. The lawsuit came about when the American Trucking Associations (ATA), Cumberland Farms and transportation joined together in an effort to get rid of the tax.

"We told Rhode Islands leaders from the start that their crazy scheme was not only discriminatory, but illegal," ATA President Chris Spear said in a statement. "We're pleased the court agreed. To any state looking to target our industry, you better bring your A-game … because we're not rolling over."

Since 2018, much of the toll funding through RhodeWorks has gone towards state roads and bridges, which have consistently ranked among the worst in the U.S.

A Rhode Island Department of Transportation spokesperson told the Boston Globe the state has collected more than $101 million from the tolling program since its inception in 2018.