Selevan v. New York Thruway Authority (NYTA)
2013 U.S. App. LEXIS 6140
| 2d Cir. | 2013Background
- Grand Island, NY is islanded in the Niagara River and linked to the mainland by the Grand Island Bridge, operated by NYTA.
- Toll rates: general passenger $1.00, commuter $0.28, Grand Island resident $0.09; residents may prepay for a 20-trip commuter bundle to qualify for the discount.
- Plaintiffs, residents of Nassau County and Ontario, Canada, sue on behalf of a putative class challenging the discount policy as unconstitutional.
- District Court granted summary judgment for NYTA and denied class certification; this appeal followed.
- This court previously held the case survived dismissal and remanded to apply Northwest Airlines three-part test; ultimate issues concern right to travel and dormant Commerce Clause.
- The court ultimately affirms the District Court’s ruling that the toll scheme passes Northwest Airlines and does not violate the Constitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue | Selevan asserts concrete injury from higher tolls due to policy. | NYTA claims no injury; CFO affidavit shows negligible impact and no broad effect. | Plaintiffs have Article III standing. |
| Strict scrutiny for right to travel | Right to travel is a fundamental right requiring strict scrutiny. | Toll policy is a minor travel restriction, not a penalty. | Strict scrutiny not required; policy is a minor restriction. |
| Northwest Airlines three-part test | Northwest Airlines test should govern right-to-travel and dormantly burdens. | Test should apply and show the policy satisfies all three factors. | Three-part Northwest Airlines test applies; toll scheme passes. |
| Discrimination against interstate commerce | Policy favors in-state Grand Island residents, harming out-of-state interests. | No in-state favoritism shown and no discrimination established. | No discriminatory impact; conclusion remains under Northwest Airlines analysis. |
Key Cases Cited
- Northwest Airlines, Inc. v. County of Kent, 510 U.S. 355 (U.S. 1994) (three-part test for fees on state facilities: use, reasonableness, not discrimination)
- Evansville-Vanderburgh Airport Authority District v. Delta Airlines, Inc., 405 U.S. 707 (U.S. 1972) (fees for state facilities may reflect public expenditures; not every difference is a penalty)
- Saenz v. Roe, 526 U.S. 489 (U.S. 1999) (right to travel within the United States as a constitutional protection)
- Williams v. Town of Greenburgh, 535 F.3d 71 (2d Cir. 2008) (recognition of the right to travel within circuit jurisprudence)
- Selevan v. N.Y. Thruway Auth., 584 F.3d 82 (2d Cir. 2009) (remand to apply Northwest Airlines test; toll policy analyzed under three-part test)