For Mark M. Seaman, a two-minute “hurtful” encounter with a homophobic taxicab driver has turned into a six-year quest for justice. But after last week’s public hearing at the Philadelphia Commission on Human Relations, he sees light at the end of the tunnel.
Seaman’s PCHR complaint against PHL Taxi Co. has been pending for six years. But Seaman remains undaunted.
“At least there’s evidence that the gears are turning,” Seaman said after the hearing. “I’ll fight for another six years if I have to, because it still feels like it happened yesterday. I still haven’t gotten an apology.”
In December 2009, Seaman and his then-boyfriend entered a taxicab identified as “PHL Taxi” at the Philadelphia International Airport for a ride to Center City. According to Seaman, after he kissed his boyfriend inside the cab, the driver said: “You can’t do that in here.” Seaman asked, “What is it we’re doing wrong?” The driver replied, “We don’t need to talk about it. You just need to get out.”
Before the men could shut the door behind them, the cabbie sped away. “He couldn’t get away from us quick enough,” Seaman said.
In July 2010, the driver was fined $100 by the Philadelphia Parking Authority for non-provision of services without a valid reason. But Seaman also wants PHL Taxi Co. held accountable.
At the Dec. 16 hearing, PCHR officials said they’re trying to determine whether PHL breached its obligations under the city’s Fair Practices Ordinance.
PHL manager James Walker said the company did not.
Walker acknowledged that PHL — a dispatch-service company that employs dispatchers, not taxi drivers — provided dispatch services to the driver during the general time period of the Seaman incident, but said he hasn’t seen proof the driver did anything wrong. To the contrary, Walker said, the driver may have acted prudently to prevent a potentially volatile situation.
“I think the driver did the right thing in saying, ‘Let me let you out and you get another cab,’” Walker testified.
He said the matter already was investigated by the Philadelphia Parking Authority, which regulates taxi and limousine services in the city. He indicated the PCHR was exceeding its authority, noting the PPA directly oversees PHL.
“We can’t do anything unless the PPA says it’s OK,” Walker said.
He also characterized Seaman’s PCHR complaint as “frivolous.” Seaman was visibly offended by that characterization.
Outside the hearing room, Walker said the driver no longer utilizes PHL’s dispatch services, but he believes the man still drives a cab in the city.
Seaman didn’t testify during the hearing because it was focused on the narrow issue of PHL’s obligation under the Fair Practices Ordinance.
Ronda B. Goldfein, an attorney for Seaman, said PHL shouldn’t hide behind “complicated business relationships” to avoid compliance with the ordinance. She reminded commissioners that the driver was operating a vehicle clearly identified on its exterior as a PHL taxi.
Goldfein said PHL was acting as an agent of the driver and the “medallion” owner. A medallion is a PPA certificate authorizing a taxi to operate in the city.
“I say PHL was an agent of the medallion owner, and arguably was also an agent of the driver,” Goldfein said after the hearing. “PHL was providing a service to both the driver and the medallion owner. You can make an argument they’re all agents of one another.”
PCHR commissioners Regina Austin, Sarah E. Ricks and Wei Chen presided at the hour-long hearing. At its conclusion, Austin said both sides have 30 days to file additional paperwork.
Austin said another public hearing may be held to take testimony on the facts of the incident, or the commissioners could just rely on a transcript of the PPA proceeding.
Seaman said any money he might receive in compensation for his ordeal would be donated to the AIDS Law Project of Pennsylvania. Goldfein serves as executive director of the law project.
“In honor of Ronda’s dedication to the LGBT community, and to ensure something like this doesn’t happen again, I can’t think of a more fitting cause,” he said.
Goldfein said representing Seaman is in keeping with the law project’s mission.
“We have a singular focus, which is HIV/AIDS. But we don’t have blinders on to other issues that affect the community. All Mark is trying to do is ensure people who arrive in Philadelphia aren’t tossed from cabs, simply because of who they are.”
Seaman, 32, now lives in D.C., where he directs development and communications for an Iraqi refugee organization. He vowed to return to Philadelphia if there’s a follow-up hearing.
“I love coming to Philadelphia,” Seaman concluded. “I just wish it were under different circumstances.”
Rue Landau, PCHR executive director, said legal and administrative events forced a delay in the case, but noted the agency takes the matter seriously.
“That delay does not reflect a lack of importance of the case to our agency,” Landau said. “The PCHR is committed to enforcing and administering the Fair Practices Ordinance fairly and thoroughly.”