Seniors' bus passes valid until Nov. 17
By Mike Leidemann
Advertiser Transportation Writer
City officials yesterday said they will honor more than 16,000 outstanding bus passes for senior citizens and disabled riders until Nov. 17, two days later than planned.
The decision came hours after a federal judge issued a temporary restraining order requiring the city to honor the passes of five riders who sued the city saying that revocation of the old passes amounted to a breach of contract.
U.S. District Judge Helen Gillmor granted the request for the restraining order yesterday, allowing more time to consider an argument that the riders could suffer irreparable harm if forced to buy new, more expensive passes.
City officials began issuing the new passes and offering credit for unused portions of the old passes in late August after the City Council approved bus fare increases for most riders.
More than 29,000 senior citizens and disabled riders have purchased new passes or identification cards, and the city continues to issue new passes at a rate of about 500 a day, officials said yesterday. That could leave more than 16,000 current bus pass holders who have not bought the new passes, city officials said.
Attorney Jack Schweigert, representing the bus riders in the federal court case, said he'll seek a more far-reaching preliminary injunction when Gillmor hears new arguments in the case Nov. 17, when the temporary order expires.
"The city should take the high road and extend all the passes until the end of November or risk a huge damage award and legal fees if we ultimately prevail," he said.
City Transportation Services Director Cheryl Soon said extending implementation of the higher fares for senior and disabled riders from the planned Nov. 15 startup to Nov. 17 would not be a significant problem.
"We can take a wait-and-see attitude, but we'll continue to sell the new bus passes until then," she said.
City officials said the riders are not hurt financially because they are being compensated for the unused portion of the passes. An old pass cost $25 for two years; the new passes cost $30 for one year. The $1.04 monthly difference is either being refunded or credited toward the purchase of a new pass.
Schweigert said Gillmor, by granting the temporary restraining order, indicated that she was concerned that the riders might suffer irreparable harm if the city ordinance authorizing the fare increase precludes them from recovering damages in state court.
Legally, the ruling only applies to the five plaintiffs in the case — not all the outstanding bus pass holders or those who have purchased new passes.
"We do not believe that the order will require the city to halt the issuance of new passes or the processing of refunds for existing bus passes," city Deputy Corporation Counsel Gregory Swartz said.
Reach Mike Leidemann at 525-5460 or mleidemann@honoluluadvertiser.com.
