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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
Satisfied Customers: 1106
Experience:  Contract questions and Incorporation questions answered.
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I know someone who is banned from riding public buses in their

Resolved Question:

I know someone who is banned from riding public buses in their city, because of a minor incident that happened well over a year ago.
-No one was injured or hurt, or arrested, and no one pressed any charges.
-Yet the franchise bus co. in the city still prohibits this person from riding on the bus.
QUESTION IS:Even if hypothetically, someone did do something wrong, or was even a excon, which is not true at all here, can some one be banned forever, from freedom of transportation or is this a basic civil rights, or constitutional rights violation?
-I t seems to me that if they did something wrong, the bus company should have called the police, or pressed charges, and if tried in court, be punished accordingly, but to ban someone forever, is a presumtuous conviction far more severe than what might have been at most a misdeamenor?
-What action can be taken to remedy this.
Submitted: 2 years ago.
Category: Business Law
Expert:  Attorney Arcadier replied 2 years ago.

Attorney Arcadier :

We do not have a right to public transportation. Therefore, we can be banned from its use without due process. Of course, if the denial is based in discrimination based on age, gender, race, ethnic background or a disability, then that is actionable.


 

Customer:

How can you ban someone from public service, wheras other people are not. Isn't this discriminator right there?

Customer:

Who determines what is sufficient cause to ban someone from transportation or not? They can say this for the slightest contrived reason without recourse. That means someone effectively can't live in the town or city.

Customer:

What statute gives anyone this power?

Attorney Arcadier :

Discrimination is legal iunless it is based on age, gender, race, ethnic background religion or disability. Whoever is in charge determines banning someone. Its not that a statute gives them the power, it is that a statute does not prevent them from doing it.


 

Customer:

-Then, can they be sued in court for discriminate, inequitable, or friviolous actions, which presumably then is with malicious?

Customer:

-This party is also a senior citizen and needs transportation to get around.

Attorney Arcadier :

They can be sued if the discrimination is based on age.


 

Customer:

Otherwise, how does someone get around; Private taxi or cab in exorbitantly expensive, especially for someone who is retired, and on minimum or low income?

Customer:

-Age might be a factor, but a blatant punitive action is beyond all reason action to begin with, whether age is or isn't relevant.

Customer:

Would you sentence someone for life for spitting on the sidewalk, if nothing prevents them?

Customer:

-Isn't this inequitable?Can they be sued in Civil Court? Would bringing a doctor's letter be substantial reason to relent?

Attorney Arcadier :

It is not a matter of what I would do as I do not make laws or policies. They can only be sued based on the criteria I stated above. Do you have a final question?

Attorney Arcadier :
Customer:

-to clarify what you are saying; So in effect someone can be effectively forced to move from an entire city in the united states, because someone more or less arbitrary and incongruently severe punishment makes it impossible to function in the community, and largely without recourse, unless based on certain narrow issues.?

Customer:

So, if they can only be sued on Civil rights for race, relligion...etc. even though nothing prohibits them from using such power, does this mean there are no limits to what punitive actions they can do?

Customer:

This is not private property where trespassing is illegal.

Customer:

This is something basic, that people need to get around, to survive in their everyday activities. How does this public franchise allow them to take away someone's freedom of movement.? AND THIS IS NOT ME THAT IS INVOLVED IN THIS SITUATION, BUT SOMEONE I KNOW.

Attorney Arcadier : I am sorry the law is the way it is. And I am sorry you are finding it hard to accept. But they can do whatever they want so long as they dont violate your rights. And, Americans do not have a right to public transportation.
Customer:

If sued in court, if they have unlimited power outside of criteria you mentioned, on what basis could the judge reduce this, even though it is inequatible.? Do they have to prove a reason to do this in Court, or can give any reason, without proof?

Customer:

Furthermore, everybody pays taxes, and those taxes help support the public transportation franchise, that is a privilege given to them. What duties do they have to the public? Are they accountable for their actions, behavior...rude, nasty or insulting behavior..etc?

Attorney Arcadier : Burden of prove is on plaintiff to proof all the elements of the claim. Therefore, if the claim is based on age, the aggrieved person must prove that the motivating reason for the action was age. Judge can't reduce anything. Judge must follow law. If you dont like a law or want a law you can contact a congressman. The division of transportation is accountable to the state legislature.
Customer:

And the plantiff here pays those taxes.

Attorney Arcadier : Plaintiff is the person who files the lawsuit.
Customer:

Outside of proving one of those criteria, the action is still punitive. Are you saying that the franchise can invoke any punishment, whether extemely punitive or not, because there is no law preventing it? Then, there is no relief available in bringing this to Court..such as being banned for e.g. 3 months, a year, 5 years.?The punishment is arbitray and severe.

Attorney Arcadier : Yes, can invoke any punishment (except battery, false imprisonment, etc)
Customer:

This is indefinite and forever, where the plantiff can't survive under these conditions and is effectively excommunicated from the community...severe winter, storms, heat...How does some some one survive then?

Attorney Arcadier : Thats an issue to discuss with your congressman
Customer:

This in not me. I live in New York. Where there is no such ban, even thought there are thousands of excons living here.

Customer:

Why such disproprotionate actions in different communities.

Attorney Arcadier : My answers are not based for you specifically, I mean you, anyone, any american. To change the process, you must begin with the congressperson.
Customer:

-So, to clarify, you are saying that the franchise can claim without proof, and invoke any punishment, however severe and inequitable, and the burden of proof is on the victim/plantiff and not the franchise.?

Customer:

-Is there any court to mitigate or reverse this...equity court. ?

Customer:

- and the franchise doesn't even have to even state any facts-never mind proof for it..except perhaps vague general accusations? Can they even claim they have proof, but not show it..to the judge?

Customer:

-NOW we are specifically talking about the State of Missouri.

Customer:

Does the law as you describe it to me apply in that State, or is it more liberal, or have more recourse?

Attorney Arcadier : Correct on how you clarify. No court of equity. In Court, the parties present whatever evidence they want to present. The answer is the same for all states.
Customer:

-what court should one bring it to then?

Customer:

or could one bring it to?

Attorney Arcadier : If you have a discrimination case, you can bring it in Federal Court.
Customer:

That assumes that the complaint is based solely on critera as you mentioned..right?

Customer:

What about State/City Court?

Attorney Arcadier : You would be suing under the ADEA which is a federal law. If you file in State Court, it will be removed to Federal Court. Only two systems of jurisprudence, federal and state.
Customer:

Is ADEA American Discrmination Employment Act?

Customer:

-In other words, there is no other basis to sue in State or Federal Court?

Attorney Arcadier : Can sue in state and federal court for age discrimination
Customer:

So, effectively, my friend has to move out of this Missouri city, or perhaps the entire State of Missouri. If he is banned in one City, is he banned in the entire State, especially there is no arrest and no charges, except what the Franchise says?

Attorney Arcadier : Its up to the franchise
Customer:

-No, I mean if that franchise is not in a different City?

Customer:

Do they still have the power to blacklist someone anywhere in the State?

Attorney Arcadier : If company operates many franchises in many cities, it can chose to make it applicable to all.
Customer:

-So, in Court, Can plantiff argue, to show what punitive actions were taken against other people, and attempt to show that action taken was extremely inequatible to milder actions against others, or would that stand anyway, even if it was true?

Customer:

And summon those other actions, or can Franchise simply refuse to show?

Attorney Arcadier : Your questions have exceeded the scope of your initial question. You need to accept answer at this time and submit another question if you wish.
Customer:

I think that the question is what recourse does one have in this situation includes this?

Attorney Arcadier : And I answered it 15 different ways. No recourse.
Customer:

So, I assume, inequity is permissable?

Customer:

-Respectively, What area of law do you specialize in, if any?

Attorney Arcadier : Discrimination and civil rights.
Customer:

Ok. Any other references, suggestions to follow up on?

Attorney Arcadier : No.
Customer:

I did not rate bad service-I don't know where that came from.

Customer:

I am simply unhappy with the law as quoted. I find it hard to believe this can be in the USA.

Attorney Arcadier : I think you can rerate. If you rate anything less than average, I will not get credit for my 1000 word responses.
Customer:

But Attorney Arcadier repliend to all my questions, except perhaps directly to equatible summons.

Attorney Arcadier, Attorney
Category: Business Law
Satisfied Customers: 1106
Experience: Contract questions and Incorporation questions answered.
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