Pedicabs on a Manhattan street. Credit: Molly Kaszuba
A pedicab driver refused to stop and dragged a Park Officer approximately 40-60 feet on his pedicab. On May 9, 2018, Bent Greenberg, a pedicab driver, was stopped by two Park officers for soliciting customers in a prohibited area outside Tavern on the Green, Central Park at 67th Street, Manhattan. Officer Moye approached Greenberg and asked for his identification papers. Greenberg told the officers he was leaving and began peddling. Officer Moye tried to stop Greenberg, but Greenberg accelerated in Officer Moye’s direction, nearly hit her, and fled. Officer Moye grabbed the metal bar on the back of the pedicab to stop Greenberg, but Greenberg continued pedaling. Officer Moye’s radio got tangled in the back wheel and she lost her footing, fell, and was dragged on the pavement for 40 to 60 feet until another Parks officer caught up and stopped Greenberg. The Parks officers served Greenberg with a summons, charging him with endangering another person and operating the pedicab in a reckless manner.
OATH Hearing Officer L. Fieber decided in favor of the Parks officers and upheld the summons. At the hearing, Greenberg had testified that he was not soliciting customers and that he had witnessed the Parks officers constantly badger other pedicab drivers. Greenberg also testified that Parks Officer Moye asked him what he was doing there and that he told her he was leaving. Greenberg denied that Officer Moye asked for his ID and testified that he wore earplugs to protect his hearing and never heard Officer Moye ask him to stop. Greenberg claimed that he pedaled past Officer Moye and did not know anything was wrong until he felt a lag and turned around, saw Officer Moye, and stopped.
OATH Hearing Officer Fieber credited the Parks officer’s testimony, found that the pedicab driver was reckless, and that he had endangered Officer Moye when Greenberg fled from the Parks officers. OATH Appeals Board affirmed Hearing Officer Fieber’s decision in part, and dismissed in part. OATH Appeals Board agreed with Hearing Officer Fieber’s finding that Greenberg had operated his pedicab in a manner that endangered another person and imposed a penalty of $500. OATH Appeals Board reversed the summons for operating the pedicab in a reckless manner because it was duplicative: there was no difference in facts for endangering another person and recklessness.
DPR v. Greenberg, OATH Appeals No. 1901011 (Sept. 26, 2019). CITYADMIN
By: Vestina Sinkeviciute (Vestina is a New York Law School student, Class of 2022.)