775 F. Supp. 2d 439
D.R.I.2011Background
- Rhode Island Turnpike and Bridge Authority (RITBA) operates Newport and Mount Hope Bridges; toll revenue funds operations and debt service.
- The Newport Bridge toll schedule discriminates among residents vs. nonresidents, transponder types, payment methods, and usage frequency.
- Cohen, a Connecticut resident, paid nonresident tolls and seeks to represent a class of all non-RI residents who paid nonresident rates.
- The challenged toll scheme is based on residency, not on transponder type or payment method alone.
- RITBA relies on market-participant doctrine and argues the tolls should be reviewed under a flexible Evansville/Northwest Airlines framework.
- The court ultimately denies the plaintiffs’ summary judgment and grants judgment for the defendant on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the resident discount violates the dormant Commerce Clause | Cohen asserts discrimination against out-of-state motorists | RITBA claims market-participant rationale and no impermissible burden | Discrimination prong fails; tolls pass Northwest Airlines test |
| Whether the toll schedule is based on fair use and is not excessive | Tolls fund non-benefitting Mount Hope Bridge | There is a functional relationship with Mount Hope and use is fairly approximated | Toll scheme passes Evansville/Northwest Airlines criteria |
| Whether the Privileges and Immunities Clause and Equal Protection are violated | Right to travel implicated by residency-based discount | Discount is a bona fide residence rule shaping benefits for residents | Claims rejected under Soto-López and Martinez; right to travel not violated |
Key Cases Cited
- Oregon Waste Sys., Inc. v. Dep't of Envt'l Quality, 511 U.S. 93 (Supreme Court 1994) (dormant Commerce Clause discriminations; in-state vs. out-of-state burdens)
- Northwest Airlines, Inc. v. County of Kent, 510 U.S. 355 (Supreme Court 1994) (three-pronged Evansville test for tolls: use, benefit, discrimination)
- Evansville-Vanderburgh Airport Auth. Dist. v. Delta Airlines, Inc., 405 U.S. 707 (Supreme Court 1972) (Evansville framework for state charges related to facilities)
- Selevan v. N.Y. Thruway Auth., 584 F.3d 82 (2d Cir. 2009) (market-discrimination analysis for toll discounts; requires in-state interest)
- Doran v. Mass. Turnpike Auth., 348 F.3d 315 (1st Cir. 2003) (adoption of Evansville/Northwest Airlines approach to toll challenges)
- Bridgeport & Port Jefferson Steamboat Co. v. Bridgeport Port Auth., 567 F.3d 79 (2d Cir. 2009) (discussion of fair approximation and excessiveness in toll contexts)
- Auto. Club of N.Y., Inc. v. Port Auth. of N.Y. & N.J., 887 F.2d 417 (2d Cir. 1989) (functional relationship concept in toll/funding context)
- Soto-Lopez v. Attorney General of N.Y., 476 U.S. 898 (Supreme Court 1986) (right to travel as a general principle; bona fide residence clarification)
- Martinez v. Bynum, 461 U.S. 321 (Supreme Court 1983) (bona fide residence rule furthers resident services without burdening travel)