Board of Appeals adopts letter urging SFMTA to preserve independent review of taxi-permit appeals

The Board of Appeals voted unanimously on Jan. 4 to adopt and send a revised letter to the San Francisco Municipal Transportation Agency urging the agency to retain the Board as an independent forum for taxi-permit appeals.

Vice President Jose Lopez introduced the draft, saying the board wanted to call attention to the public benefits of an independent appeals body and to address concerns raised in recent cases about hearing-officer communications and whether equitable defenses were being considered. "Issues related to administrative equity should be considered," Lopez said, referencing requests from appellants and the public.

Several commissioners suggested clarifying the letter's language about "equitable principles" so it does not imply the board substitutes law for equity; Commissioner Trezvina urged keeping the focus on independent review, public participation and procedure. Commissioner Lemberg recommended naming specific equitable defenses (estoppel, waiver, unclean hands, laches) as examples; commissioners agreed the list need not be exhaustive.

Members of the taxi community called into the meeting. Mary Maguire, a taxi driver, said MTA reforms have disadvantaged senior and disabled medallion holders who lack digital access and urged the board to preserve appeal rights. Marcelo Fonseca and Carl McMurdo, medallion holders, urged the board to push back against an August 2022 city-attorney opinion and to protect due-process rights for taxi-permit holders.

The board adopted the letter as revised and directed Executive Director Julie Rosenberg to send it to SFMTA Director Tomlin, cc'ing the Mayor and the Board of Supervisors.

The letter asks SFMTA to explain factors that would justify removing taxi appeals from the Board of Appeals and to preserve procedural protections and independent review; it also invites further dialogue between agencies.