Court Refuses to Delay Switch

Cab Coalition Sought a Stay Until Lawsuit Ruling Is Made

The D.C. Court of Appeals refused yesterday to delay the switch to time-and-distance taxi meters that takes effect today.

A three-judge panel denied a request by a group of District cabdrivers seeking a temporary stay until the court rules on the group's lawsuit seeking to block the changeover from the zone system used to calculate fares.

On Friday, the D.C. Coalition of Cab Drivers, Companies and Associations filed an appeal with the court after a D.C. Superior Court judge ruled that Mayor Adrian M. Fenty (D) had the authority to order the change to meters.

The decision came a day before the start date for requiring city cabs to be equipped with time-and-distance meters, a dramatic departure from the city's 70-year-old system of zone charges. Many drivers have balked at installing the meters, which cost $300 to $500, much of a week's pay. So the city is offering a 30-day grace period before drivers without meters face fines of $1,000.

In its decision, the appellate court said the cab association did not demonstrate a "likelihood of success" in convincing the court that Superior Court Judge Brook Hedge erred in her decision last week. Hedge ruled that Fenty was following the law when he decided to ditch zones and order meters in all the city's taxis.

The appellate judge panel also said the drivers failed to prove that they would be "irreparably harmed" without a stay. The decision was signed by appeals court associate judges Noel Anketell Kramer and Stephen H. Glickman and Senior Judge Frank Q. Nebeker.

The taxi group's attorney, Jeffrey O'Toole, declined to comment on yesterday's decision.

The group is awaiting a final decision from the appeals court. It is asking the court to overturn Fenty's meter decision, although yesterday's ruling said the city can still require the cabs to install the meters until the court rules on the appeal. That decision is expected in three to four weeks.

Passengers are facing confusion over the next 30 days, as some cabs will have the meters and others will be charging under the zone system. Hedge acknowledged last week that there could be some "disruption" over the next month but said that would be true of any change.