State Supreme Court asked to rule in case of woman allegedly raped by Lyft driver
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
SPRINGFIELD – The rideshare company Lyft argued before the Illinois Supreme Court Wednesday that a 2014 state law protects it from being held liable for the criminal actions of one of its drivers who allegedly raped a passenger in 2017.
The case centers on the constitutionality of the state’s first law to regulate the industry, passed in 2014, and could have implications for the separation of powers between the legislative and judicial branches.
On those points, Attorney General Kwame Raoul filed a motion to intervene on behalf of Lyft that specifically addressed constitutional concerns.
The alleged rape occurred in July 2017 in Chicago, when the plaintiff, referred to in court filings as Jane Doe, used the Lyft app on her phone to schedule a ride after a night out with friends. She was picked up by Lyft driver Angelo McCoy, and fell asleep in the back of the vehicle, according to the court filing by her lawyer, J. Timothy Eaton, of Taft Stettinius & Hollister LLP.
But, instead of driving her home safely, “McCoy drove Jane to a dark and secluded alley, woke her, zip-tied her hands, and brutally sexually assaulted her multiple times at knife point,” the legal filing alleged.
When McCoy began to drive away, Doe escaped from the back of the vehicle to safety, according to the filing, which stated McCoy “had a criminal history spanning three decades.”
Doe’s initial lawsuit, filed in Cook County Circuit Court, described eight counts of misconduct against McCoy, Lyft and Sterling Talent Solutions, which conducted the company’s background checks.
The Supreme Court was not asked to consider whether Lyft or Sterling could be held directly liable for negligence or fraud. Instead, the legal question is whether Lyft can be held “vicariously” liable for the acts committed by McCoy.
Key to the case is the 2014 Transportation Network Providers Act, passed on the final day of the General Assembly’s legislative session on Dec. 3 of that year.
According to court filings, that law was passed to regulate the nascent rideshare industry that had previously gone unregulated. Earlier in 2014, lawmakers sent a regulatory bill to then-Gov. Pat Quinn, but he vetoed it claiming that it would be overly burdensome to an emerging industry that could be beneficial to Illinoisans.
Lawmakers came back on the final day of the legislative session to approve the bill that would eventually become law, and Raoul’s legal filing quoted Rep. Mike Zalewski, D-Riverside, as calling the proposal a “half loaf” that provided less stringent regulations than the bill Quinn vetoed.
Discussion in legal filings centered on a specific provision of the Transportation Network Providers Act that states that rideshare drivers “are not common carriers, contract carriers or motor carriers, as defined by applicable State law, nor do they provide taxicab or for-hire vehicle service.”
Lyft argues that language differentiating Lyft from other “common carriers” means it is not subject to the same liability as a taxicab company – which is a common carrier, along with other modes of transportation such as airplanes and railcars.
One reason the General Assembly considered that differentiation, according to Lyft’s legal filing, is that while there’s anonymity to cab or bus drivers, Lyft passengers have all of their driver’s information, including name, picture and license plate, on their app.
“Lyft has enormous sympathy for Plaintiff, who alleges an injury no one should have to endure,” the company’s lawyers wrote in a legal filing. “As a matter of law, however, Lyft is not vicariously liable for such acts.”
“Precisely because sexual assaults are such heinous acts, they necessarily are not in service of an employer or principal and are outside the scope of employment or agency,” the lawyers wrote. “As such, Illinois law bars vicarious liability for sexual assaults committed by an employee or agent, except in narrowly-drawn circumstances.”
But Doe’s team argued that if the General Assembly wanted to grant such immunity, it should have spelled it out directly.
Doe’s court filing argued that a passenger’s safety is in the driver’s hands, whether in a cab or a Lyft, which makes that a “special” relationship which holds the driver to the “highest duty of care.”
Had Doe hailed a cab, taken the train or gotten on a bus and been raped, Eaton argued before the court Wednesday, she’d have a legal avenue for a complete remedy.
“But because Jane did what Lyft told her to do by hailing one of its cars instead of a taxicab when she had been drinking too much, she’s here today arguing for her right to be treated as more than a second class rape victim,” Eaton argued.
If the court does decide that the Transportation Network Providers Act grants immunity to rideshare companies, Doe’s team argued, then it should determine that the law is itself an unconstitutional “special” piece of legislation that favors a specific industry, and it should be struck down on those grounds.
But Lyft’s lawyers, along with Raoul, argued that such a reading of law would be incorrect, and would constitute an overreach by the court.
Because the technology allowing rideshare companies to operate – namely the app that includes the driver’s identifiable information – the industry is substantially different than existing transportation methods and it’s within the scope of the legislature’s constitutional authority to regulate it differently.
Because lawmakers had a rational basis to act the way they did, Raoul’s team argued, it would be an overreach by the court to read outside the scope of what the General Assembly wrote in the law.
Concerns about process
If the court determines not to rule in Doe’s favor on the previous arguments, Doe’s legal team asked it to reject the law by rejecting a process that the General Assembly has used on countless occasions to pass major legislation, from abortion law changes to state budgets, on a last-minute basis.
By law, a bill must be read three times on the House and Senate floor before it can be called for a vote in order to encourage further debate.
But the passage of a bill can be quickened if one chamber takes a bill that already passed the other and files a substantial amendment with new bill language that replaces everything that has already passed the other chamber.
That’s the process that was used when lawmakers approved the rideshare regulations, leading Doe’s team to contend it was passed in violation of constitutional requirements because it was filed as an amendment to a bill that originally pertained to the regulation of public accountants.
But the state constitution also states that the speaker of the House and Senate president must sign each bill to “certify that the procedural requirements for passage have been met,” a process known as the enrolled bill doctrine. So, according to Raoul’s team, it is up to the legislature’s discretion, not the court’s, to determine whether the process was sufficient.
“If there was ever an instance for this court to change its precedent on the enrolled bill doctrine and the three readings rule, this is not it,” Caleb Rush, assistant attorney general, said upon questioning by Chief Justice Anne Burke.
That’s because, he said, the bill’s predecessor, which was vetoed by Quinn, was subject to substantive and lengthy debate, meaning it was not rushed through.
“There may have been a technical violation of the three readings rule, but it wasn’t – the legislature in these circumstances wasn’t acting in disregard of the purpose and spirit of that rule,” he said.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Smooch from a pooch
Spread the loveMutts of the Midway volunteer John Shaker smiles as he gets a smooch from Burt, a 5-year-old American Pit Bull/Boston Terrier mix. Shaker works as a transporter, driving dogs to and from veterinarian appointments. The 37-pound Burt was rescued by the non-profit Mutts of the Midway from a shelter in Texas. For several…
Here’s a sure sign of spring
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hi everyone. How have you been surviving January? This is one month I always hope flies by. If the sun is out, the temperatures are, or feel like they are in the subzero range. If it’s cloudy, which is most…
Justice swears in new police officer
Spread the loveBy Carol McGowan The Justice Village Board approved the recommendation of the Justice Fire and Police Commission to hire Police Officer Kady Sassenger at its January 10 meeting. Her move from the Coal City Police Department to Justice is considered a lateral move, which means the officer transfers from one department to another…
Medeisis promoted to fire battalion chief in Bridgeview
Spread the loveBy Steve Metsch The Bridgeview Fire Department has a new battalion chief. Michael Medeisis, 55, was promoted from the rank of lieutenant at the Jan. 5 meeting of the Bridgeview Village Board. “Hey, hot diggity dog, we’ve got a great guy (promoted),” village Trustee Michael Pticek said. Trustee James Cecott said the promotion…
Retired village employee appointed to Lyons ZBA
Spread the loveBy Steve Metsch The Karasek family has a long history of working for the village of Lyons dating back decades. And that history is getting a new chapter. Steven Karasek, 60, who two years ago retired after 36 years in the public works department, has been appointed by Mayor Christopher Getty to serve…
Walker teacher Eva Manzke honored by farm bureau
Spread the loveBy Carol McGowan School District 104 teacher Eva Manzke was recently honored by the Cook County Farm Bureau for her work with teaching students about agriculture. Students at Walker Elementary in Bedford Park, and Manzke herself were surprised when Principal Amanda Venegonia said they were gathered to honor Manzke, as she had been…
Moraine Valley’s Tom Diaz earns All-Conference honors
Spread the loveBy Carol McGowan Tom Diaz is a freshman at Moraine Valley Community College, and is making big strides with their cross country team. Diaz is also a 2021 graduate of Argo Community High School, and is the first Argonaut to earn All Region honors while pursuing his cross country career. MVCC’s Men’s an&…
Summit native marks decade with the Harlem Globetrotters
Spread the loveBy Carol McGowan Saul White Jr., better known as Flip White to basketball fans, has been with the famed Harlem Globetrotters for just over 10 years, and has no intention of stopping the entertainment he provides for his fans. White, who grew up in Summit, attended Wharton School and Graves Junior High (now…
A heavenly sound
Spread the love In what is arguably the most ornate and beautiful house of worship on the Southwest Side—St. Joseph Church in Back of the Yards–the Polonijna Orkiestra Chicago played liturgical music selections last Sunday. Founded in 2011, the orchestra is designed to teach young musicians Polish music and culture. St. Joseph parishioner Konrad Pawelek…
Crime images spark outrage in Gage Park
Spread the loveRobbed at gunpoint in his own garage By Tim Hadac Home-security camera images of a 48-year-old Gage Park man being robbed at gunpoint in his own garage outraged a number of Southwest Siders this week. Images showed the man driving his car down the alley in the 5500 block of South Richmond at…
Neighbors
Oak Lawn Fourth of July festivities
Spread the loveCelebrate Independence Day at the Village of Oak Lawn’s annual Fourth of July Parade at 4 p.m. on Saturday, June 29! This cherished community event brings together families, friends, and neighbors to honor the spirit of freedom and patriotism. Parade will step off at 95th Street and Lacrosse and head west on 95th…
District 230 names Director of Safety and Security
Spread the loveFrom staff reports The Consolidated High School District 230 Board of Education approved Dr. Mary Pat Carr as the district’s first Director of Security. She will move from her current position as Assistant Principal of Activities at Stagg High School to the Administrative Center on July 1. Her duties as Director of Safety…
Worth Public Library kicks off summer reading program
Spread the loveBy Kelly White Patrons at the Worth Public Library welcomed in the summer season earlier this month. The library, 6917 W. 111th St., hosted its annual celebration on June 1 to bring patrons of all ages out to sign up for its summer reading program. “We love any excuse to celebrate reading with…
Fire knocks out Orland’s UFC Gym
Spread the loveFrom staff reports A fire last Thursday afternoon practically destroyed an Orland Park gym and knocked out neighboring businesses, as well. Orland Park firefighters received a call at 2:31 p.m. June 20 for a reported fire in the UFC Gym located at 66 Orland Square Drive Unit C. Multiple 911 calls were received for a…
Chicago Ridge Fire Chief Bonnar retires
Spread the loveStarted his 50-year career as Orland Park cadet By Dermot Connolly Chicago Ridge Fire Chief William Bonnar officially announced his retirement from a nearly 50-year career at the June 18 Village Board meeting. Mayor Jack Lind made the announcement “with great regret,” joking that “he doesn’t have the age to retire but he…
Stagg tabs Allee Hernandez to guide girls hoops
Spread the loveBy Randy Whalen Correspondent Allee Hernandez has accrued many years of basketball experience as a player and as an assistant coach. She will soon embark on a new experience as a head coach at Stagg, where she will be the Chargers first new head coach in 16 seasons. She succeeds Bill Turner, who…
Shepard’s yearbook wins national recognition
Spread the loveBy Kelly White Shepard High School students have worked tirelessly to create a yearbook for this academic year that was nationally recognized. The high school, 13049 S. Ridgeland Ave. in Palos Heights, was chosen as a Yearbook Excellence Contest recipient from Walsworth Publishing Company, a family-owned printing company based out of Marceline, Missouri.…
Hickory Hills man charged in grandfather’s murder
Spread the loveBy Nuha Abdessalam A 32-year-old Hickory Hills man has been charged with first-degree murder in the June 21 death of his 90-year-old grandfather. Dean J. Faulk was charged on June 22 with the June 21 murder of Dean L. Faulk. Police said they responded to a call at 9:45 a.m. June 21 at…
Orland Park Public Library kicks off summer
Spread the loveBy Kelly White Summer is nearly here and the Orland Park Public Library is ready for it. On June 8, the library, 14921 S. Ravinia Ave., hosted its second annual Summer Reading Challenge Kick-Off event themed, Read, Renew, Repeat. “There are multiple interpretations to this theme,” Jackie Boyd, Communications Manager at the Orland…
llinois VFW names Porfirio Senator of the Year
Spread the loveIllinois Veterans of Foreign Wars recently selected state Senator Mike Porfirio as the Senator of the Year. “I’m deeply honored to receive this prestigious award from the Illinois VFW,” said Porfirio (D-Lyons Township). “I am committed to ensuring our veterans receive the protections, care and dignity they deserve. This recognition is a testament…