Can a taxi license be revoked based on arrest alone?

I went to college, and practiced law, with Dan Ackman, an outstanding New York lawyer who represents taxi drivers in a variety of contexts.  One of his cases, pending in the Southern District of New York, Nnebe v. Daus, challenges the TLC’s alleged practice of automatic license suspension a upon arrest for a felony or specified misdemeanor, and automatic revocation upon conviction, even if the charges had no temporal, physical or logical relationship to driving a cab.  The Second Circuit previously held that automatic revocation was constitutional, but directed a trial on whether the post-deprivation hearing was sufficient.  The case was remanded, tried, and is now pending a decision before Judge Sullivan.  The case has important implications for collateral consequences; mere arrests should not be the basis for any important decision, other than an inquiry into the actual facts, and even a conviction for an unrelated offense should not be the basis for  license revocation.

Gabriel "Jack" Chin

Professor of Law at the UC Davis School of Law, Jack is one of the leading academic authorities on collateral consequences. He served as reporter for the Uniform Collateral Consequences of Conviction Act, and the ABA Standards on Collateral Sanctions and Discretionary Disqualification.

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