ACLU has issues with new rule for taxicabs

Wednesday, Dec. 22, 2004 | 11 a.m.

CARSON CITY -- The American Civil Liberties Union of Nevada is asking a legislative committee to look at a new regulation that the ACLU says would allow taxicab companies in the Las Vegas area to eavesdrop on the conversations of passengers.

"This is a violation of the privacy of passengers," says Allen Lichtenstein, a Las Vegas lawyer for ACLU. The regulation adopted by the Taxicab Authority "infringes on a basic right," he said.

But Yvette Moore, administrator of the Nevada Taxicab Authority, said the regulation adopted Oct. 26 requires only photographs of passengers, as a safety measure to protect drivers.

Lichtenstein, in a letter request this week, said Tuesday he wants to see a legislative committee tell the taxicab authority it has exceeded its authority.

Lorne Malkiewich, director of the Legislative Counsel Bureau, said Tuesday that he is trying to set up a meeting of the subcommittee that reviews the regulations of state agencies to make sure they are within the law.

Malkiewich said the subcommittee will probably meet after the first of the year. The subcommittee will examine whether the agency had the authority to adopt the regulation and whether it is consistent with the intent of the Legislature, he said.

Moore insists there is nothing in the proposed regulation that would require cab companies installing sound equipment. But, she added, there is no law that would prevent taxicab companies from putting in these units.

One clause in the new taxicab regulation says, "Nothing in this regulation is intended to, nor shall it preclude, a certificate holder from employing additional safety methods or devices."

Lichtenstein said the taxicab administration is allowing this to proceed and he wants the legislative subcommittee to speak out with a clear voice against the sound equipment. Some cab companies, he said are already going ahead with the installation.

Moore said the regulation requires a number of still or video photos of the passengers. And it is "well tested" that a person gives up his right to privacy when he enters a public place. She said casinos, convenience stores and banks all photograph customers.

The proposed regulation requires the companies to place signs on the windows of the right and left rear doors of the cab to tell passengers that a security camera is installed and all occupants will be photographed and may be video and audio recorded. The sign must be in both English and Spanish.

When any door of the taxicab is opened, there must be at least 10 still images or 10 seconds of video images recorded. After any door is closed there must be an additional 10 still images or 10 seconds of video recorded within the first 60 seconds of the closure.

The video system must be equipped with a switch that provides the cabbie with a way to turn on the camera in an emergency.

The regulation would give investigators of the taxicab authority the authorization to retrieve the pictures or video.