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(Transportation-News.com, June 23, 2013 ) Dallas, TX -- There are currently efforts to rehaul the regulations that govern limousine and taxi businesses, which are gaining a spotlight in recent weeks. What is less noticed is the legislation that brought cabbies into state regulatory oversight requires moving companies to attain licensure in order to work.
In March, the Kentucky state law that allows the companies to block new competitors for entering into the market was spotlighted by news companies. At the time, the laws that allowed the maneuver was considered a revamp of a licensing and the process to attain. Pacific Foundation, a free-market advocate group, looked to take legal action against Wildcat Moving over their blocking of competition.
A bill was eventually a blocking of the law that allowed for an amendment in the licensing process occurred. The Kentucky House of Representatives was simply unable to gain the needed push, but the new Wildcat case appears to be a strong move against the blocking law.
Wildcat sued Kentucky over its right to the licensing process. The state returned by charging Raleigh Bruner with continuing operation of a 36-employee company without proper licensing or permission. Wildcat Moving sued for an injunction and won.
The case now stands as a possible hole in the dyke which will allow of other moving companies to make moves to compete in the state.
Judge Danny Reeves, who sided with the moving company was applauded by Timothy Sandefur, who is the attorney for Pacific Legal Foundation. Sandefur said of the ruling: “Over at least the last five years, the only groups to file protests to new applicants have been existing moving companies.”
He continued by stating: “The Sixth Circuit has held that “protecting a discrete interest group from economic competition is not a legitimate governmental purpose.” Id. At 224. And it appears
that the notice, protest, and hearing procedure in the statutes—both facially and as applied—operate solely to protect existing moving companies from outside economic competition. The Defendants have admitted that they know of no instance where, upon a protest by an existing moving company, a new applicant has been granted a certificate. For these reasons and for
others asserted during oral argument, Wildcat has shown a likelihood of success on the merits.”
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Source: EmailWire.Com 
Source: EmailWire.com
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