Judge Dismisses Portsmouth's Suit Over Sakonnet Tolls

United States District Court Judge Ronald R. Lagueux has dismissed the town of Portsmouth’s lawsuit against the Rhode Island Turnpike and Bridge Authority asking the court to declare tolls on the Sakonnet River Bridge illegal and repay the town for a portion of the tolls collected before June 30, when tolling stopped.

Lagueux concluded that the issue was moot since members of the Rhode Island General Assembly eliminated the tolls in their most recent legislative session and “the Court holds that there is no reasonable expectation that RITBA will attempt to impose tolls on the Bridge when this litigation is terminated.”

In a 15-page ruling, Lagueux said that the issue of tolls on the bridge “was fought and resolved in the political arena, [Portsmouth’s] effort to solve the dispute through legal channels has been a side-show, although it has cost all parties involved, including the Court, significant time and resources.”

The town had asked the court for a ruling declaring tolls on the bridge illegal -- mainly as insurance to prevent the possibility of tolls coming back sometime in the future. Tolls would have a negative ripple effect by increasing the cost of living and doing business in Newport County and the East bay, in addition to violating the Freedom From Tolls provision in the Constitution, the town argued.

But because the issue was resolved politically, Lagueux said, the court could not issue an advisory opinion after the fact, which he said is exactly what an injunction declaring tolls illegal would be.

Lagueux also noted the Tax Injunction Act would “likely serve to prevent the court from interfering with the State of Rhode Island’s efforts to impose taxes to support its governmental function.”

The town also failed to show it would suffer “irreparable harm” if the state imposed tolls, the judge concluded, since the state represents the public’s interest and the loss of millions in revenue harms the state -- and the public.

In balancing who suffers the most harm, Lagueux said the town “failed to show that it would suffer irreparable” harm if the state imposed tolls “prior to a trial on the merits of its claims.”

On the other hand, the state stood to lose an estimated $4 million of revenue if it was unable to charge tolls during the busy tourist season months of July and August.

The Sakonnet River Bridge opened with no tolls in September 2012 to replace the 1956-built former bridge. Legislation allowing RITBA to impose tolls led to the design of an overhead gantry and toll collection system that turned on in July 2013 -- to much opposition and a public outcry.

The town’s original lawsuit was filed in April of 2013.

Read the full ruling HERE.