Fox v. Regional Transportation Authority

68 F. Supp. 3d 951, 2014 U.S. Dist. LEXIS 133208, 2014 WL 4783021
CourtDistrict Court, N.D. Illinois
DecidedSeptember 23, 2014
DocketCase No. 12 CV 5124
StatusPublished

This text of 68 F. Supp. 3d 951 (Fox v. Regional Transportation Authority) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fox v. Regional Transportation Authority, 68 F. Supp. 3d 951, 2014 U.S. Dist. LEXIS 133208, 2014 WL 4783021 (N.D. Ill. 2014).

Opinion

MEMORANDUM OPINION & ORDER

JOAN B. GOTTSCHALL, United States District Judge

Plaintiffs Joan Fox and Nick Farina bring this action on behalf of themselves and all similarly situated individuals against the Illinois Regional Transportation Authority (RTA), the Commuter Rail Board, and the Northeast Illinois Regional Commuter Railroad Corporation (the latter two defendants sometimes do business under the name “Metra” and, for simplicity, the court will refer to all defendants by that name). Plaintiffs allege that Metra violated a provision of the Federal Transit Act, 49 U.S.C. § 5307(c)(1)(D), that conditions a transportation operator’s federal funding on the operator’s agreement not to charge certain people (seniors, disabled passengers, arid Medicare recipients) more than half of the “peak-hour” fare during “non-peak” hours. Plaintiffs bring three claims: (1) a federal claim under 42 U.S.C. § 1983 alleging a violation of § 5307(c)(1)(D); (2) a state-law claim for restitution, and (3) a state-law claim for breach of contract. Metra moves for summary judgment, arguing, among other things, that plaintiffs’ federal claim must be dismissed because § 5307(c)(1)(D) does not contain a private right of action. For the reasons explained below, Metra’s motion is granted.

I. Background

A. 49 U.S.C. § 5307(c)(1)(D)

As an operator of public transportation in the Chicago metropolitan area, Metra receives federal funds pursuant to the Federal Transit Act, 49 U.S.C. §§ 5301-5340. Section 5307(c)(1)(D) of the Act conditions a transportation operator’s receipt of federal funds as follows:

(c) Grant recipient requirements. — A recipient may receive a grant in a fiscal year only if—
(1) the recipient ... submits_a certification for that fiscal year that the recipient ...
(D) will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50. percent of the peak hour fare will be charged for any—
(i) senior;
(ii) individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or perma[954]*954nent disability ..., cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(iii) individual presenting a Medicare card....

49 U.S.C. § 5307(c)(1)(D) (the court will refer to this provision as the “half-fare provision”).

Section 5307(f) provides for a triennial review whereby the Secretary of Transportation “shall review and evaluate ... the extent to which [a recipient’s] program activities are consistent with the activities proposed under subsection (c) [including the half-fare provision].... ” 49 U.S.C. § 5307(f)(2). If the Secretary’s review reveals deficiencies in a transportation operator’s compliance with the half-fare provision, § 5307 authorizes the Secretary'to “take appropriate action ... including making an appropriate adjustment in the amount of a grant or withdrawing the grant.” 49 U.S.C. § 5307(f)(3). The Secretary is also empowered under the Act to “sue,” to “enforce a right conferred on the Secretary by law or agreement,” and to “issue regulations as necessary to carry out the purposes of [the Act].” 49 U.S.C. §§ 5334(a)(2), (3), (11).8

The Secretary of Transportation has promulgated regulations implementing § 5307(c)(1)(D). Section 609.23 of title 49 of the Code of Federal Regulations, titled “Reduced Fare,” states:

Applicants for financial assistance under section 5307 of the Federal transit laws ... must, as a condition to receiving such assistance, give satisfactory assurances ... that the rates charged elderly and handicapped persons during non-peak hours for transportation ... will not exceed one-half of the rates generally applicable to other persons at peak hours....

49 C.F.R. § 609.23.

B. Plaintiffs’ Claims

Plaintiffs Joan Fox and Nick Farina are seniors who allege that they purchased Metra monthly or ten-ride passes and paid fares that exceeded 50 percent of the highest fares charged to other riders who purchased the same passes. They allege that Metra violated 49 U.S.C. § 5307(c)(1)(D) and 49 C.F.R. § 609.23 by “eharg[ing] and collecting] ... fares [from] Plaintiffs ... [that] were higher ... than the ... [amount] • mandated ... [by] § 5307(c)(1)(D)....” (Compl. ¶34, ECF No. 57.) They bring a federal claim under 42 U.S.C. § 1983, alleging that Metra deprived them of rights secured to them by § 5307(c)(1)(D). They also bring state-law claims for restitution and breach of contract.

Metra argues that (1) there is no private right of action under § 5307(c)(1)(D); (2) even if there were a private right of action, § 5307(c)(1)(D) does not apply to monthly pass or ten-ride tickets; (3) in any event, Metra did not charge more than half-fare; (4) plaintiffs’ breach of contract claim fails because the tickets were not contracts; (5) a five-year statute of limitations bars any claims based on tickets purchased more than five years from the filing of this action; and (6) RTA is not a proper defendant.

The court has original jurisdiction over plaintiffs’ federal claim under 28 U.S.C. §§ 1331 and 1343(a)(3). The court may exercise supplemental jurisdiction over the state-law claims under 28 U.S.C. § 1367(a).

II. Legal Standard

Summary judgment is appropriate when the movant shows there is no genuine dispute as to any material fact and the mov-ant is entitled to judgment as a matter of [955]*955law. Fed. R. Civ. P. 56; Smith v. Hope Sch., 560 F.3d 694

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Bluebook (online)
68 F. Supp. 3d 951, 2014 U.S. Dist. LEXIS 133208, 2014 WL 4783021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-regional-transportation-authority-ilnd-2014.