Lawsuit Says TriMet’s Decision to Ban Cash on Buses Was Made Illegally

The lawsuit asks the court to bar the agency from collecting any fares, since it won’t take cash.

(Wesley Lapointe)

A new lawsuit alleges TriMet broke broke state laws and the transit agency's own rules by deciding behind closed doors to ban cash fares in order to stem the spread of COVID-19.

Portland lawyer and activist Alan Kessler filed the lawsuit in Multnomah County Circuit Court on April 10.

"TriMet did not notify the public, interested persons, or the news media that the private meeting would occur, or that the question of a cash ban would be discussed," the complaint says. "TriMet has not made any minutes available for the private meeting."

The lawsuit, first reported by The Oregonian, says TriMet's failure to hold a public meeting in an accessible location, or provide notice of the meeting, violates state law. It also argues that because the decision was made improperly, the policy change itself is invalid.

"TriMet's refusal to accept fare in the form of cash is unlawful as violations of its code and policies," the lawsuit says.

The lawsuit asks the court to void TriMet's cash ban altogether, and to declare that since TriMet isn't properly collecting fares, it can't charge anything at all. Kessler asks the court waive all transit fees during the COVID-19 pandemic. (That's something transportation justice activists want anyway.)

TriMet decided to ban cash fares on buses in part to reduce bus drivers' exposure to passengers as they pay. Kessler argues that hasn't happened.

"TriMet's unlawful method of attempting to change its fare collection rules has resulted and is resulting in more contact between operators and confused riders," the complaint says, "and is more damaging to public health than either following code or waiving all fare."

TriMet spokeswoman Roberta Altstadt told WW the agency cannot comment on pending litigation.

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