Six weeks after Gov. Kathy Hochul announced she would “indefinitely pause” the rollout of congestion pricing in New York City, a new lawsuit claims the MTA made cuts to bus service that will only be reversed if the tolling plan is implemented.  

Public Advocate Jumaane Williams, three TWU Local 100 leaders and an 82-year-old bus rider from Brooklyn filed a suit Wednesday alleging the MTA and New York City Transit cut service along bus routes in Brooklyn, Manhattan and the Bronx earlier this month.

The lawsuit says the cuts began without public notice and claims the agencies “intend to keep in place, and potentially expand [them]” until congestion pricing rolls out, “if ever.”

The suit is seeking a temporary restraining order that would force the MTA to reverse the alleged service cuts.

“These are significant reductions during the course of the day, which have led to, and which will continue to cause greater passenger waiting time, and more crowded buses,” the lawsuit says. “These cuts in service are occurring contrary to pronouncements of the MTA that the failure to implement the congestion pricing plan will affect only its capital budget and that there will be no cuts in service.”

If it is successful, the suit would also require a process of notification and hearings before any additional cuts move forward. 

TWU Local 100 president Richard Davis was one of the three leaders from the union — which represents around 41,000 New York City public transit workers — who filed the lawsuit.  

Responding to request for comment on the suit, MTA communications director Tim Minton took aim at Davis.

“Richie Davis is the same guy that criticized the NYPD while police officers were delivering a dramatic reduction in subway crime, and who is now getting in the way of a capital budget that would put $4 billion more in work in TWU members' pockets,” Minton said in a statement.

“Last year, under Governor Hochul's leadership — and with no support from this plaintiff — the MTA successfully fought for an operating budget that closed a $3 billion deficit and protected jobs and service,” Minton added. “But apparently now it's silly season and some union leaders need that explained in court.”

In his own statement, City Comptroller Brad Lander said his office is leading the legal effort against the MTA, adding that the lawsuit “is the first stop along our legal suit journey.”

“For years, elected officials at the city, state, and federal levels fought to enact congestion pricing and remain committed to moving forward on the implementation of this transformative policy to alleviate gridlock, unlock capital dollars for accessibility and modern signals, and reduce carbon emissions for cleaner air,” Lander said. “We expect our coalition to make more announcements concerning litigation in the coming weeks.”

Williams, meanwhile, called the suit “a first step in addressing the harm caused by Governor Hochul and the MTA’s cancellation of congestion pricing and the revenue it would raise.”

“Without adequate notice or process, the MTA is cutting budgets and cutting corners, leaving New Yorkers stranded on our streets and abandoning requirements as abruptly as a governor abandoned this program,” he said in a statement.  

Also Thursday, for the first time publicly,  Hochul suggested looking at a modified tolling structure as one alternative to the current congestion pricing plan.

“Well, London started at 5 pounds, not $15, so there [are] price factors. I’m not saying that’s the path to go, but it may be. I want to reserve all my options,” she said.

But if Hochul does plan to implement congestion pricing with a different tolling scheme, she needs to do it before Jan. 20. That’s when a new presidential administration could come in and possibly get rid of congestion pricing altogether.