In a fast-paced legal tennis match, after briefly having its restraining order denied, a State Court of Appeals Commissioner issued a stay late Monday in STITA Cab’s lawsuit against the Port of Seattle.

This means that, pending any other legal maneuvering, the Port will not be able to sign a contract with Yellow Cab.

Earlier Monday, King County Superior Court Judge Steven Gonzalez denied a restraining order filed by STITA to block the Port from signing the contract with Yellow Cab.

The contract for on-demand taxi service at Sea-Tac airport won’t be awarded until the court determines if the Port acted illegally. Judge Gonzalez heard STITA’s case Feb. 4th, and issued his decision Monday afternoon.

STITA vowed to continue fighting. They immediately took the case to the State Court of Appeals, which agreed to issue a stay – meaning the Port cannot sign with Yellow Cab until the legal issues are resolved.

The commissioner is expected to consider the merits of the case this week.

“We’re thrilled with this late-breaking win,” said Jesse Buttar, STITA cab owner. “We know we have a case. We just want a fair shot at the airport contract.”

On Jan. 29, STITA filed a complaint asking the court to halt the Port from signing a contract that violates state law. STITA seeks a fair and legal proposal process in which all bidders can compete on a level playing field.

In 1989, STITA – a non-profit co-op with the greenest cab fleet in the country – was created by the Port of Seattle to exclusively serve the airport and provide reliable service to airport users. Now, after an unfair proposal process, STITA and its approximately 450 members and drivers will essentially be put out of business.

In its lawsuit, STITA contends the Port’s bidding process violated the state Airports Act because the Port discontinued its prior practice of charging fees to taxicabs based on the airport’s actual cost of services provided to the cabbies. Instead, it required bidders to commit to pay an unfair concession fee of at least 10 percent of their airport-based revenues. This violates the Airports Act, which says airport concession fees must be based upon the Airport’s actual cost of operations and be reasonable and uniform.

STITA contends the Port’s bidding process caused a predatory bidding war among taxi companies which not only was illegal but will be financially devastating to the King County taxi industry.

STITA’s lawsuit also contends that the Port’s new concession fee violates the King County Code, which requires the King County Council to set the taxi meter rate at a level that is “just and reasonable.” The Port’s new concession fee cuts directly into the county’s taxi meter rate and prevents cab operators from receiving the gross receipts that they legally are entitled to receive.

Despite notice from STITA protesting these glaring problems with the process and proposed contract, the Port of Seattle declined to re-do its flawed proposal and said it would sign an agreement with Yellow Cab. STITA had no recourse but legal action.

PREVIOUSLY:

On Monday (Feb. 8th), King County Superior Court Judge Steven Gonzales put up the first roadblock in a lawsuit filed by longtime Sea-Tac Airport vendor STITA Cab by denying its attempts to stop the Port of Seattle from signing a contract with Yellow Cab.

The exclusive taxicab contract was held by STITA for 20 years in a no-bid deal. After a harsh rebuke from the State Auditor over its contracting processes, the Port of Seattle issued a “Request for Proposal,” or RFP, for the first time last fall.

Yellow Cab won the award with a bid of $18.3 million, which is $8 million greater than the bid STITA submitted. Yellow Cab was named a defendant in the lawsuit, along with the Port of Seattle and other taxi associations.

In issuing the ruling, Judge Gonzales noted that the RFP allowed for prospective bidders to file complaints, or injunctions, to any portion of the RFP document; Gonzales said, “The Plaintiff had the opportunity to file a complaint during the process, and they did not. They only complained when they did not win the bid.”

Yellow Cab will have to expand to meet its new agreement and may add up to 150 taxis, which could mean transferring over some STITA drivers, according to company representatives.

Without ruling on the lawsuit’s merits, Gonzalez said that STITA’s request for an injunction was damaged by the fact that it waited until after the bidding process to object. Had STITA won the contract, it’s “inconceivable” they would’ve sought an injunction, he said.

As we reported Feb. 1st:

In its lawsuit, STITA claimed that the Port’s bidding process violated the state Airports Act, because the Port discontinued its prior practice of charging fees to taxicabs based on the airport’s actual cost of services provided to the cabbies. Instead, it required bidders to commit to pay an unfair concession fee of at least 10 percent of their airport-based revenues. This violates the Airports Act, which says airport concession fees must be based upon the Airport’s actual cost of operations and be reasonable and uniform.

STITA contends the Port’s bidding process caused a “predatory bidding war among taxi companies which not only was illegal but will be financially devastating to the King County taxi industry.”

STITA has 216 cabs, 450 drivers, and claims to have brought in $10.58 million to the Port between 2004 and 2008.

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In the lawsuit, STITA contends that the Port’s bidding process violated the state Airports Act, because the Port discontinued its prior practice of charging fees to taxicabs based on the airport’s actual cost of services provided to the cabbies. Instead, it required bidders to commit to pay an unfair concession fee of at least 10 percent of their airport-based revenues. This violates the Airports Act, which says airport concession fees must be based upon the Airport’s actual cost of operations and be reasonable and uniform.

STITA has 216 cabs, 450 drivers, and claims to have brought in $10.58 million to the Port between 2004 and 2008.

According to a press release sent to us by STITA:

On Friday, STITA filed a complaint asking the court to halt the Port from signing a contract that violates state law. STITA seeks a fair and legal proposal process in which all bidders can compete on a level playing field.

“If you think it’s difficult to hail a cab in Seattle now, wait to see what will happen if STITA cabs are put out of business,” said Jesse Buttar, STITA cab owner. “We’re trying to make sure that doesn’t happen. We’re asking the Port to reconsider and allow us to fairly compete for the airport contract. We’re sorry this has come to legal action, but we STITA members are ready to fight against what we feel was an unfair process by the Port of Seattle.”

In 1989, STITA – a non-profit co-op with the greenest cab fleet in the country – was created by the Port of Seattle to exclusively serve the airport and provide reliable service to airport users. Now, after an unfair proposal process, STITA and its approximately 450 members and drivers will essentially be put out of business.

“People tell us to go work for Yellow, but we can’t,” said Kanwarjit Bassi, who followed in his father’s footsteps and drives a STITA cab. “We don’t have Seattle for-hire licenses and it’s nearly impossible to get one. We were prevented from expanding service outside of the airport by the Port and now it’s telling us to go away. But, there’s nowhere to go.”

In its lawsuit, STITA contends the Port’s bidding process violated the state Airports Act because the Port discontinued its prior practice of charging fees to taxicabs based on the airport’s actual cost of services provided to the cabbies. Instead, it required bidders to commit to pay an unfair concession fee of at least 10 percent of their airport-based revenues. This violates the Airports Act, which says airport concession fees must be based upon the Airport’s actual cost of operations and be reasonable and uniform.

STITA contends the Port’s bidding process caused a predatory bidding war among taxi companies which not only was illegal but will be financially devastating to the King County taxi industry.

STITA’s lawsuit also contends that the Port’s new concession fee violates the King County Code, which requires the King County Council to set the taxi meter rate at a level that is “just and reasonable.” The Port’s new concession fee cuts directly into the county’s taxi meter rate and prevents cab operators from receiving the gross receipts that they legally are entitled to receive.

“I’ve driven a cab for 35 years – mostly seven days a week,” said Patty Stephens. “It wasn’t an easy living, but at the end of the day I barely made enough to feed my family. And I could take care of sick children or go to their soccer games without getting fired. It’s the only life we know; my daughter and son both drive a cab too. We’re all out of jobs if STITA loses this contract.”

Despite notice from STITA protesting these glaring problems with the process and proposed contract, the Port of Seattle declined to re-do its flawed proposal and said it would sign an agreement with Yellow Cab. STITA had no recourse but legal action.

STITA’s complaint will go before a King County judge on Thursday.

STITA BY THE NUMBERS:

• Cabs: 216
• Owner-Operators: 283
• Total number of drivers, including owner-operators: approximately 450
• Founded: 1989 as non-profit association

Declining trips in 2009 do not reflect new light rail service to the airport and how it will likely decrease future cab demand.

Current per-trip fee paid to Port for airport pickup:

• $3.05 in 2009;
• $1.80 in 2010.

Current STITA contract ends August 31, 2010.

Revenues to Port:

• STITA, 2004 – 2008: $10.58 million

Number of on-demand taxi trips at Sea-Tac Airport

• 2004: 578,259
• 2005: 639,751
• 2006: 648,275
• 2007: 732,694
• 2008: 740,867
• 2009: 676,010 (estimate)

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Members of the Seattle-Tacoma International Taxi Association (STITA) will rally against the Port of Seattle Monday, Feb. 1st beginning at Noon, in an effort to heighten awareness of the Port’s decision to change cab companies at Sea-Tac Airport after 20 years.

According to a press release:

STITA has no choice but to take its case to court to prevent the Port of Seattle from signing a contract with a competitor on Tuesday.

In December, the Port of Seattle Commission awarded a new five-year contract to Yellow Cab.

Now, more than 450 families face the loss of their businesses and livelihoods (while the contract is awarded to a big business monopoly, Yellow Cab).

STITA is a non-profit co-op of 216 cabs owned by 283 people. STITA was formed 20 years ago to solve a problem – the failure of for-profit taxi companies to provide safe, reliable taxi cab service at the airport.

Here’s info on the rally:

WHAT: Members of the Seattle-Tacoma International Taxi Association (STITA) will make an important announcement and take questions from reporters.

WHEN: Noon, Monday, Feb. 1st.

WHERE: South side of the King County Courthouse in downtown Seattle, 3rd and Jefferson St. (the corner of the park)

INFO: Attorney Michael Goldfarb will discuss the legal case against the Port, and cab drivers and their families will be available to discuss the devastating impact of the Port’s flawed decision.

From STITA’s website:

STITA was formed 20 years ago by the Port of Seattle primarily to service in-bound passengers to SeaTac and residents of King County. STITA prides itself on providing excellent service. We have nearly 200 taxis in our owner-operated fleet. At STITA, diversity is embraced and our cab drivers are very proud of the fact that they work for an organization whose owners represent a broad range of cultural backgrounds including: Indian, East African, Pakistani, Somali, Filipino, Ethiopian, Iranian, and Bangladeshi. Many may not know that STITA is a not-for-profit association comprised of over 145 minority-owned businesses, meaning that STITA is governed by a Board of Directors and does not have a single owner or leasing agent. Because our cabs are owner operated, STITA takes customer service very seriously.

At the Port of Seattle’s request, several years ago STITA stopped driving traditional gasoline powered vehicles and now has one of the most environmentally friendly taxi fleets in the world. We operate both hybrids (40 vehicles) and compressed natural gasoline taxis (120 vehicles). The use of CNG has resulted in a significant reduction of air pollutants.

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Here’s what they’d like you to know:

Come see the beautiful classrooms, gardens and playgrounds, meet the teachers, and learn about Montessori programs for children ages one through twelve.

All are welcome!

Three Tree Montessori is located in Burien at 220 SW 160th, near Sylvester Middle School. More info at their website here.

[Would you like to have a “Blogvertorial” story, Ad and/or Event Listing like this on a popular, fast-growing website seen by thousands of interested Local Readers every month? Email us for more info, or check out our Advertise page!]

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by Ralph Nichols

In a victory for private property rights, the SeaTac City Council voted unanimously on Tuesday, Jan. 26th to rescind their earlier condemnation of the “Park-N-Fly” business at 17400 International Boulevard.

The paid parking lot – easily recognizable by its landmark sign, a vertical blue and gold key, across the street from Sound Transit’s light rail station at Sea-Tac International Airport – is the focus of ongoing negotiations over development of a proposed city center there.

Council members voted last Sept. 22 to condemn the property in an eminent domain action. Had the condemnation proceeded, it was anticipated that the SeaTac would sell the land to a private developer who then would build a parking garage and a city center complex.

“We are very pleased that the city council reconsidered its earlier action and upheld the Constitution and respect for private property,” John Houlihan Jr., an attorney for James and Doris Cassan, owners of Park-N-Fly, said following the action. “The Cassans look forward to continuing their long-standing business.”

Doris Cassan added that they now “will continue to pursue with the city what will make a first-class project.” This will be a mixed use development including some combination of a hotel, retail, office space and possibly some multi-family housing in addition to parking.

Councilman Rick Forschler said prior to the vote the earlier condemnation of the Cassan’s property was “a misuse of eminent domain.” He noted that while the council said it wanted to take the property for a “public use,” that use actually would have been a sale of the land to a developer who would build a private parking garage there.

“The Cassans are committed to making this a first-class development,” said Councilman Tony Anderson in support of rescinding the condemnation. He also appealed to both parties to “continue their negotiations (for development of the site) in good faith.”

And Councilwoman Mia Gregerson said she would vote to rescind because “the city and property owners are working together for a development that works.”

Councilman Ralph Shape, who defended the condemnation action at the council’s Jan. 12 meeting, offered no comment before voting to repeal it.

Council members approved the condemnation ordinance last year because they “believed it was in the best interests of the city,” said Councilman Gene Fisher, who introduced the ordinance to rescind at the earlier meeting.

“Because of conversations going on (since the original action) between the city and property owners … working together for development that works,” condemnation of the Cassan property is not appropriate and he could not support it, Fisher declared.

However, he noted that ordinance repeals condemnation without prejudice, which would allow the city to invoke that action in the future “if parking needs increase and negotiations with the property owners stall.”

Earlier in the meeting, Scott Roberts, property rights director with the Freedom Foundation, told council members there is a need for eminent domain reform in Washington and urged the lawmakers to act with that in mind.

“You know the difference between right and wrong,” Roberts added, and rescinding condemnation of the Cassan property “certainly is right.”

Companion bills to limit the use of eminent domain in Washington, introduced at the request of Attorney General Rob McKenna, currently are before the Legislature.

Doris Cassan summarized their plans for the property and urged the council to allow Park-N-Fly to remain in private hands and be developed privately by them.

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The King County Sheriff’s Department announced Tuesday (Jan. 19th) that they have arrested two men they allege committed numerous “takeover” robberies, including the Jan. 13th one of the Silver Dollar Casino in SeaTac.

The men were alleged to be involved in robberies of casinos, a bank, and a check cashing business in SeaTac, Renton, Shoreline, Lynnwood and Snohomish County.

According to Sgt. John Urquhart, during these takeover robberies, the men would typically wear masks and gloves, as well as often carrying shotguns in each hand. These types of crimes are dramatic, and are considered especially dangerous to victims, witnesses and bystanders.

The two bad guys were arrested Friday morning (Jan. 15th) around 1:45am, after a Shoreline patrol sergeant noticed a suspicious vehicle parked near two casinos on N. 167th. He pulled in behind the car and the driver quickly drove off. A short pursuit ensued until the sergeant used a PIT maneuver and the car was stopped near NE 163rd and Ashworth. The driver took off running and the passenger was taken into custody. The arrested man is 46 years old from Seattle.

The driver initially escaped, but evidence recovered led detectives to believe these two were involved in numerous armed robberies.

After further investigation, the second man was arrested at his home in Edmonds late Friday afternoon. He is 34 years old.

Detectives from at least four jurisdictions were looking for these two armed robbers who “takeover” the business being robbed.

Takeover-style robberies are considered especially dangerous to victims, witnesses, and bystanders. These robbers are considered armed and dangerous!

In some of the robberies one of the suspects carries a shotgun in one hand and a shotgun the other.

Robbery Details: Both robbers wore masks and gloves. A puffy black jacket was worn in several of the robberies. One of the robbers fires his gun into the air during two of the robberies.

Here’s the dates and locations of the robberies:

• October 26th 1:40pm. Check to Cash in Renton on Rainier Ave South. A shotgun and pistol were displayed.
• October 29th 3:00pm. Bank of America in Lynnwood along SW 196th. One suspect has guns in both hands, a shotgun and pistol. The other man is armed “only” with a pistol. A shot is fired as they exit the bank.
• November 13th 6:30am. Goldie’s Casino in Shoreline. Only one suspect inside the casino, armed with a shotgun and pistol. He robs the casino’s cash cage and gets into a waiting vehicle driven by another suspect. A shot is fired as he flees the area.
• December 2nd 7:00pm. Royal Casino, Snohomish County, along SR99. Lone robber armed with a shotgun and pistol.
• January 13th 5:00am. Silver Dollar Casino, City of SeaTac along International Blvd. Two suspects, one armed with a shotgun and pistol, the other with a pistol.

In addition, other area robberies may be related but have not yet been linked.

Formal charges are expected later this week.

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On a drizzly Thursday morning (Jan. 14th), officials from Sea-Tac Airport demonstrated some brand new toys – a new, advanced bird tracking system with real-time displays of bird activity on and around the airport – and Photographer Francis Zera got lucky and was invited onto the actual runway.

In partnership with University of Illinois researchers and the Federal Aviation Administration, Sea-Tac is the first airport in the country to begin the use of this technology, which will allow wildlife management staff to access live data as they patrol the airfield to minimize bird hazards.

Sea-Tac Airport has been the demonstration site for avian radar research since 2007, and in fact currently has three avian radars installed, two on the top of the airport’s office building and one in the middle of the airfield between two runways (see photos below for details).

“Sea-Tac is a leader in the evaluation of this technology,” said Dr. Edwin Herricks, the leader of the University of Illinois research program, a professor of civil and environmental engineering. “I don’t know where this program would be without the input and real-life evaluation efforts by the staff and support from the Port of Seattle.”

Through the FAA-designated Center of Excellence for Airport Technology (CEAT) at the University of Illinois, the latest milestone in the research program builds on equipment from Accipiter Radar Inc. that provides geographic displays of bird activity on Google Earth™ maps.

“This technology will give us situational awareness of the entire airfield day or night – it will be like wearing a huge pair of binoculars,” said Steve Osmek, Sea-Tac Airport’s wildlife biologist. “Rather than depending only on what we can see from our particular location, we’ll be able to know if there are bird issues anywhere around the airfield so we can respond quickly and appropriately.”

Here’s Francis Zera’s Photo Slideshow:

Click to View Francis Zera’s Photo Slideshow

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by Ralph Nichols

After beginning a condemnation process in September to seize ownership of a private parking lot on International Boulevard – for the private development of an envisioned city center – the SeaTac City Council appears ready to reverse course.

SeaTac council members entertained at their Jan. 12 meeting an ordinance, introduced by Deputy Mayor Gene Fisher, to rescind the earlier condemnation action against Park-N-Fly surface parking lot, which James and Doris Cassan have operated for almost 50 years.

Action on the ordinance to stop legal proceedings to condemn the Cassan’s property was delayed, however, when Councilman Ralph Shape, who supports condemnation, requested that it be held for consideration until the next council meeting.

Under council rules, that automatically ended discussion of Fisher’s proposed ordinance, which was moved to the agenda for the council’s Jan. 26 meeting.

John Houlihan Jr., an attorney representing the Cassans, later told The B-Town Blog that they “are hopeful that the council at its next meeting will take up the ordinance and repeal condemnation” of their property.

Meanwhile, companion bills to protect private property by restricting the use of eminent domain were introduced in the Legislature Monday – SB 6200 by Sen. Michael Carrell, R-Lakewood, and HB 2425 by Rep. Jay Rodne, R-North Bend – at the request of State Attorney General Rob McKenna.

They provide that private property may be taken by a public entity only for public use, that no public entity may take private property for economic development, and that that taking private property by a public entity for economic development or tax revenue enhancement does not constitute a public use.

SeaTac’s 2010 budget includes funding for the city’s lobbyist to oppose this proposed legislation in Olympia.

Houlihan said he believes the two bills address the use of eminent domain as applied by SeaTac in its earlier action to condemn the Park-N-Fly property. They also would amend the Community Redevelopment Act to prevent potential abuses through eminent domain to remedy “blight” through “condemnation.”

Earlier in their Jan. 12 meeting, following a public hearing, council members voted 6-1 to continue until May 15 a moratorium on development permits in the city’s proposed entertainment district.

Fisher argued for leaving in place that moratorium, which was imposed by city council in November, so a newly appointed ad hoc committee, which has yet to meet, can have time to review zoning in this area and propose changes to accommodate new development.

Initial reaction to Fisher’s proposed ordinance during the meeting indicates that on Jan. 26 the condemnation of the Cassan property may be rescinded by at least five votes. In addition to Fisher, Mayor Terry Anderson and Council members Tony Anderson, Rick Forschler and Pam Fernald indicated their support for reversing the prior action.

Shape argued that the council was bending to pressure from a public relations campaign orchestrated by the Cassans, and claimed they have taken no action to develop their Park-N-Fly property for an extended time.

But Houlihan disagreed, telling The B-Town Blog that most recently they submitted an application for a design revision in December.

The Cassans paid over $10 million in 2007 when they converted a long-term lease into ownership of the property. Before initiating the eminent domain process, the city offered them $8.6 million for the parking lot.

They have filed with the city plans for mixed use development of their property at 17400 International Blvd., including retail and a hotel.

The city, however, wants to build a parking garage on the parking lot site, and encourage private development of a city center entertainment district north of S. 176th St. and just east of Sound Transit’s airport light rail station.

Here’s a video report on this case, produced by the Evergreen Freedom Foundation:

And another one from Fox News:

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Our friends at our latest Advertiser – Matt Griffin YMCA (located right here in SeaTac) – are excited to announce that their upcoming Open House is coming this Saturday, Jan. 16th from 10am to 1pm, with lots of games, demos, tours and specials.

If you haven’t had a chance to see their brand new facility – this is your chance!

There will be games, cooking and Zumba demonstrations, tours, and fun activities for the whole family.

Have you made a commitment to yourself to get in shape in the new year? Join Matt Griffin YMCA before January 31st and save up to $125 in join fees! There is no better time to start taking better care of yourself!

Here are the details:

WHAT: Matt Griffin YMCA Open House

WHEN: Saturday, January 16th from 10am – 1pm

WHERE: Matt Griffin YMCA, 3595 South 188th in SeaTac

INFO: Everyone is Welcome!

More info on the Matt Griffin YMCA is available at their website.

[Would you like to have a “Blogvertorial” story, event listing and/or Ad like this on a popular, fast-growing website with thousands of interested Local Readers every month? Email us for more info!]

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by Gina Bourdage

Most days being in your undies in public would be the nightmare we just woke up from.

Today is not that day.

After a frenzied Internet campaign via Facebook, the NYC group Improv Everywhere convinced people nationwide, myself included, to ride public transit today in their skivvies.

I have had that little voice in the back of my head ask me numerous times “What the heck are you thinking?!” and to be completely honest I have tried to talk myself out of participating.

In hindsight of the type of year 2009 turned out to be, most of us could use a little more light-hearted humor in 2010.

According to the Improv Everywhere website, “not taking life too seriously” is exactly the reason behind the nationwide “No Pants!” rides on buses, trains and subways all over the country today.

So relax, take a deep breath, drop trou and enjoy life…

Yep, actually getting out of the car and taking off the pants without the little voice telling me i am officially crazy was impossible. If it weren’t for the other twenty or so fellow pantsless participants I might turn and run. It is a little odd with children pointing “Hey mommy?!” but thank goodness everyone is “decent” and there’s nothing here you wouldn’t see on a beach.

After the first stop half the train is pants free. Who knew it was so easy to get people to rock their undies in public?

Oh boy this went to another level when i just saw a pantsless family.

I am impressed with the level that we, the pantsless mob, have pulled this off. Never have I seen so many strangers be so friendly with a smile and supportive silent acknowledgment that there really is something bigger going on here.

The confused and bewildered looks of the unsuspecting other riders is worth all the initial butterflies.

I encourage everyone to be a part of something that brings people together the way this has.

Here are some pics of the event (more to come so keep checking back!):

Here are some pics sent in by Readers “xtina” and “hollywood,” who added:

“The ride was great…So much fun we got off and on at different spots … ending at Westlake and walked to Fox Sports Bar where we enjoyed a cold one in our undies… Way fun”

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