Selevan, et al. v. New York Thruway Authority, et al.

Plaintiffs are motorists who use the Grand Island Bridge but, because they are not residents of Grand Island, did not qualify for the lowest toll rate. Plaintiffs sought a judgment declaring that the toll discount policies violated the dormant Commerce Clause as well as the constitutional right to travel that courts have located in the Privileges and Immunities and Equal Protection Clauses of the Fourteenth Amendment, both in violation of 42 U.S.C. 1983. On appeal, plaintiffs challenged the November 28, 2011 Memorandum Decision and Order of the district court, among other things, that granted judgment in favor of defendants. The court held that plaintiffs have standing under Article III, the toll policy at issue was a minor restriction on travel and did not involve “invidious distinctions” that would require strict scrutiny analysis pursuant to the Fourteenth Amendment; the district court correctly used, in the alternative, the three-part test set forth in Northwest Airlines, Inc. v. County of Kent, to evaluate both plaintiffs’ right-to-travel and dormant Commerce Clause claims; and the Grand Island Bridge toll scheme was based on “some fair approximation of use” of the bridges; was not “excessive in relation to the benefits” it conferred; and did not “discriminate against interstate commerce.” Accordingly, the court affirmed the judgment.

Selevan, et al. v. New York Thruway Authority, et al.