Assembly Member: Holiday Subway Discounts Illegal

By JEREMY SMERD, Special to the Sun | December 6, 2005

Some might call him a Scrooge, but an Assembly member who oversees the Metropolitan Transportation Authority said yesterday that the $50 million plan to provide discounts on subway and train fares during the holidays is illegal.

"Ho, ho, ho. Holiday pass. Lovely, lovely. Illegal," Richard Brodsky, chairman of the Committee on Corporations, Authorities, and Commissions, said during a public hearing yesterday.

Mr. Brodsky cited section 1266.3 of the law governing public authorities, which states that any change in fare - be it a discount or an increase - requires both board approval and a public hearing preceded by a 30-day notification period.

After the hearing, the MTA's chairman, Peter Kalikow, defended the authority's handling of the free discount, saying of Mr. Brodsky: "I think he's wrong, but we'll check."

MTA officials have said neither a public hearing nor a board vote was necessary because the fare changes are temporary. The MTA in October announced the plan to reduce the $2 base fare by half on weekends between Thanksgiving and the New Year, as well as a host of other discounts. There was no period for public comment, but at the behest of Mr. Kalikow the board voted on the measure in November. It was approved by a vote of 12-2.

Mr. Brodsky said he did not necessarily disapprove of the discounts but said he was disturbed the MTA felt it did not have to follow the letter of the law because the fare discounts benefit riders.

"The authorities have been out of control and breaking the law for too many years not to notice when they do it again," he said. "Not just Tuesdays and Thursdays, they have to abide by the law all week long."

Mr. Brodsky said he will not mount any legal challenge to the discount program, which has given riders $1 subway fares on weekends, extra days on unlimited MetroCards, and free off-peak rides on the commuter rails since Thanksgiving. Plans by the MTA to offer discounts next year will face greater scrutiny.

"They're on notice," Mr. Brodsky said.