Judge Rules: Vision Zero Law Unconstitutional

A Vision Zero law that Mayor de Blasio used to arrest Bus Operators is unconstitutional, a Queens judge has ruled.

Echoing the arguments TWU Local 100 has made for more than a year, Judge Gia L. Morris on Friday dismissed criminal charges that police levied against school Bus Operator Isaac Sanson. Sanson’s school bus fatally struck a pedestrian at a Queens‘ intersection in December 2014.  He was charged under the “Right of Way” law for allegedly failing to drive with “due care.” But that’s too vague a standard for a criminal charge, and wrongly put the burden of proof on the defendant, Morris ruled. The vague “due care” is more suitable for a civil case, Morris wrote in the decision.

The decision sets a very important precedent for future cases. "Judge Morris clearly, forcefully and correctly ruled that Bill de Blasio essentially trampled on the Constitution, and on the rights of hard working, conscientious MTA Bus Operators,” Local 100 President John Samuelsen said. “The judge has validated TWU Local 100’s objection to these wrongful arrests in the aftermath of accidents."

TWU Local 100’s campaign against the arresting of bus operators under Vision Zero included a federal lawsuit, full-page ads in major newspapers and job actions that slowed down bus service.