Riders sue to stop
pass cancellationSeniors must replace their bus passes
under a new fee structure
Five bus riders want the federal court to derail the city's plan to cancel unexpired passes as it implements a new fare structure.
U.S. District Judge Helen Gilmor set an 11 a.m. Wednesday hearing on the request for a temporary restraining order against the cancellation.
Mayor Jeremy Harris extended the expiration date yesterday as the Department for Transportation Services struggles to meet the demand for passes.
Senior citizens and disabled people may use their old passes until Nov. 15, and the city will offer more hours of operation at centers, which have already processed more than 22,000 new passes for seniors and disabled persons.
The suit filed yesterday claims that each existing pass is a contractual agreement that obligates the city to provide unlimited number of rides through its duration, at least through October 2004.
The city is reimbursing riders for part of the cost of the unexpired passes, but plaintiffs' attorney Jack Schweigert said that "for all of them it is the principle.
"By the swoop of a pen, a contract for two years was cut down to one year. How dare they?"
The plaintiffs are James Comb, Charles Canipe, Guy Howard, Charlie Luce and Richard Morse.
Schweigert said his clients are either senior citizens or disabled persons "who have no other choice of transportation. They rely on the bus. It could have been 50 plaintiffs, so many people are so mad. It is not a good spirit on the part of city. They are taking a high-handed approach."
The suit also claims the riders' constitutional right to due process was violated.
City spokeswoman Carol Costa said, "We believe the bus passes are not a contract, but are mere licenses to ride the bus that can be revoked."
Costa said that is the same response city attorneys made to a claim by Kekoa Kaapu in a state court suit filed days before his death on Oct. 15.
The former city councilman charged that the City Council failed to provide proper notices and hearings before passing the ordinance that sets new rules for bus fares. Kaapu's suit also asked the city to honor all unexpired senior bus passes.
"The ordinance calls for issuing new passes at a new rate," Costa said. "It's the law."
The ordinance was passed quickly to help end the month-long strike by drivers and other employees of Oahu Transit Services Inc., which operates the city buses.
Under the previous system, a senior citizen or disabled person would pay $25 for a pass good for two years. To receive a refund for the unused portion of that pass, a rider must file a refund application. Forms are available at satellite city halls.
The new fare schedule provides passes at $30 for one year for senior or disabled riders. Those riders may also qualify for a $5 monthly pass or a $1-per-ride charge if they purchase a $10 photo identification card, good for four years.
Schweigert said the ideal resolution for the suit would be to honor the old passes until their expiration date. The suit also calls for reimbursement of attorney fees.
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Shuttles to bus pass centers
The city has extended service at bus pass application processing centers.
Free shuttle buses will operate Monday for people planning to use the Koko Head District Park processing center. Catch the shuttle at the Hawaii Kai Park-and-Ride or Hawaii Kai Library. The park center will be open from 8:30 a.m. to 4:30 p.m. Monday only.
Free shuttles will operate Thursday between Kapolei Transit Center and Kapolei Hale, where the processing center will open from 8:30 a.m. to 4:30 p.m.
The Neal Blaisdell Center processing office will be open from 9 a.m. to 1 p.m. for the next three Saturdays. It is open from 7 a.m. to 3 p.m. weekdays through Nov. 15.
Passes are available at the Waianae Neighborhood Community Center from 8:30 a.m. to 3:30 p.m. Wednesday.
Senior citizens and disabled riders may continue to use old passes through Nov. 15.
