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April 21, 2014

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Economic conditions, lack of evidence leads to high court’s denial of handicap-accommodating cabs

The Nevada Supreme Court has rejected the appeal of a taxicab company that wanted to operate 40 handicap-accommodating vehicles in Las Vegas.

The court Thursday upheld the decision of the Nevada Taxicab Authority to deny the application of HandiCab LLC. Eight other cab companies protested the plan.

HandiCab said the needs of the disabled were not being met in Las Vegas and wanted 40 medallions to be placed on its vehicles equipped specially to accommodate customers with handicaps. But the company conceded that only 10-30 percent of its riders would be handicapped.

The Taxicab Authority denied the application partly because HandiCab failed to show that existing companies could not meet the needs of the disabled.

The court said the Taxicab Authority “balanced the entry of a new market participant with the financial viability of current competitors and the needs of the public.” It noted that 40 additional cabs were not needed due to the economic downturn.

The court said the Taxicab Authority correctly interpreted the law and that HandiCab “failed to carry its evidentiary burden.”

HandiCab had previously appealed the decision without success to the Nevada Transportation Commission and to the Clark County District Court.

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