Hempstead congestion pricing lawsuit latest challenge to MTA's tolling plan

Hours after his town filed a federal lawsuit against the Metropolitan Transportation Authority and the Federal Highway Administration looking to stop the MTA's Central Business District Tolling program, Hempstead Town Supervisor Donald X. Clavin Jr. joined lawmakers outside Hempstead Town Hall, decrying congestion pricing as a “cash grab” targeting Long Island residents.

“What has not been taken into account is the impact on the suburban communities,” said Clavin, a Republican who heads the largest township in the United States. “I've been dealing with the MTA since the 1990s. For some reason … they think once you cross the Queens border into Nassau, everyone is wealthy, everyone has got endless resources of revenue. I can just tell everybody, firsthand, people are at a breaking point.”

Federal highway officials said they do not comment on pending litigation. While not commenting on the lawsuit, MTA officials provided a statement from Long Island Rail Road president Robert Free, who suggested Hempstead Town officials previously stood in the way of other transportation improvements with benefits to their residents.

“This lawsuit is coming from the people that were against Main Line Third Track,” said Free, referencing the $2.6 billion effort to increase track capacity between Floral Park and Hicksville by 50%. “Think about that. I think everyone would agree Main Line Third Track was a resounding success.”

Hempstead Town alleges that the MTA and FHA did not follow proper procedures in enacting congestion pricing. The suit becomes the latest of many challenging the MTA congestion pricing plan, which aims to charge most vehicles $15 for driving below 60th Street in Manhattan during peak hours. Trucks, and vehicles without E-ZPass, would pay more.

A pair of lawsuits filed by the State of New Jersey and the mayor of Fort Lee, New Jersey, are the furthest along, with oral arguments having been made in court last month. MTA officials have said they expect a resolution of those suits before their targeted implementation date for the new tolls, June 30.

Another suit filed by the Staten Island borough president and the United Federation of Teachers is awaiting a May 17 hearing. Two other suits filed by Rockland County and a group of residents from Manhattan's Lower East Side are also pending. 

Clavin said he has been in contact with other elected officials from Long Island, and predicted more suits would be forthcoming. “I hope we are the start of a tidal wave of litigation against the MTA,” Clavin said. 

A spokesman for Nassau County Executive Bruce Blakeman did not respond to a request for comment.

Michael Martino, spokesman for Suffolk County Executive Edward P. Romaine, said “County Executive Romaine has always been against congestion pricing and that stance has not changed.”

Apparently misinterpreting U.S. Census data included in the town's lawsuit, Clavin said more than 700,000 Nassau residents commute to and from Manhattan yearly. The suit says there are nearly 700,000 workers in Nassau County, 30% of whom commute to work by car, although not necessarily to and from Manhattan.

According to the MTA's environmental assessment, fewer than 14,000 Nassau residents commute to Manhattan's central business district by car each day.

Clavin said the new toll revenue “isn't coming back” to help Long Island commuters. Under state law, 10% of the toll revenue must be invested in the Long Island Rail Road. 

D'Esposito said Long Islanders can't be expected to take mass transit into Manhattan because of the high crime rate in the system. “People are scared to utilize public transportation,” D'Esposito said. “That’s why nobody’s riding the subway or the buses. They don’t want to start their day by getting thrown in front of a train.”

Despite a series of high-profile safety incidents in 2024, crime has dropped throughout the transit system through the first four months of the year, as compared with the same period last year, as ridership has increased, according to MTA and NYPD statistics.

Congestion pricing supporters say the measure is needed to address crippling traffic in Manhattan, while also improving air quality and generating $1 billion annually to be invested in transit.

Lisa Daglian, executive director of the MTA's Permanent Citizens Advisory Committee, which includes the LIRR Commuter Council, called Hempstead's lawsuit “disappointing, but not fully unexpected.” She expressed confidence that the MTA will prevail in the New Jersey lawsuits, and that those court decisions will hurt the other suits’ chances of success.

“I think there’s a lot of spaghetti that’s going to be thrown at a lot of walls,” Daglian said. “And we’re hopeful that none of it sticks.”

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.