TAXI DRIVERS TAKE AIRPORT TO COURT OVER LICENSING RULES

Taxi drivers at Manchester Airport are seeking a court order to stop
the airport authority from instituting a new licensing program that
requires drug tests and criminal background checks.

The drivers say the airport has been making rules about what they must
wear, and how they must look and must smell, and it has to stop.

"We're not against drug testing or licensing, but we want to protect
our legal rights," said Mo Grenier, whose business is called A Great
State Airport Service. "We're independent contractors out here, we
don't work for the airport . . . but they're just dictating policy and
we have no recourse. We thought we should stand up for our rights."

The drivers were notified May 1 that they must obtain a cab driver's
license from the airport by June 1 or they will not be allowed to
operate at the airport.

The $80 annual fee will be waived for the first year if drivers apply
by May 24. The fee covers the cost of an initial drug test for the
license. A minimum of 50 percent of the drivers will be tested "at
random" every year.

Only taxi drivers who are on the line in front of the airport will
need licenses. Limousine drivers who pick up and drop off passengers
by reservation don't need them, according to Airport Director Kevin
Dillon.

Dillon said the airport is simply instituting the same requirements
that taxi drivers within the city of Manchester must comply with.

"It's an on-demand system," Dillon said, meaning that customers have
to take the first cab in the line. "Our passengers have a right to
expect drivers who are free from drug use and who have had a criminal
background check.

"Anybody driving a taxi here will be required to undergo a five-year
criminal background check as well as a urinalysis that will be testing
for illegal drugs. We feel it is the prudent thing to do."

Some cab operators don't agree.

"I don't need the government coming in and telling me who I'm going to
hire," said Bertrand Dupuis, who operates Bertrand Dupuis
Transportation.

He said the airport is discriminating against taxis by not requiring
drug tests and background checks for people who drive limousines,
airport shuttles and buses.

Referring to the rules the airport imposes on taxi drivers, Dupuis
said, "We need an answer to find out whether, constitutionally, they
really have a right to do all this."

Airport rules do not allow cabbies to wear clothes with holes,
sleeveless or collarless shirts, cutoff slacks or open-toed shoes.
Drivers also must exercise good hygiene and may not smoke while
passengers are in the car. And drivers "shall control offensive
interior vehicle odors," the rules state.

Twelve cab outfits have signed onto the suit filed in Hillsborough
County Superior Court by attorneys Gary Lenehan and William Quinn.

Judge Carol Ann Conboy on May 10 refused to grant an immediate
injunction and has set a hearing for May 26 on whether to temporarily
hold up the licensing program while the matter is being litigated.

The lawyers for the taxi drivers contend the rules subject the cabbies
to unreasonable searches in violation of the state and federal
constitutions. They also say the rules represent an impermissible
restraint of trade under New Hampshire law.

Mike Saunders, who operates Blue Sky Transportation, says the airport
makes life difficult for the cab drivers. "They built this parking
garage and that hurts business. Now they're charging more fees."

Saunders said, "We're not really employees of the airport, we're just
independent contractors who work out here. Our attitude is, 'we'd like
to put a stop to this because it may lead to other things.'"