Williamsburg, NY – TLC Apologizes After Issuing Erroneous Summons To Employee Of Brooklyn Kosher Supermarket

Williamsburg, NY – Four days after ticketing a Brooklyn man for using his car as an illegal taxi and impounding his the vehicle, the Taxi and Limousine Commission has withdrawn the summons and is apologizing to the two men involved in the incident.

Paulino Rodriguez, an employee of All Fresh Supermarket in Williamsburg, had gone with his boss Mayer Kohn to pick up bananas from a nearby wholesaler when the incident occurred on December 4th.

Watch Below:Mr. Kohn of All Fresh Supermarket, and employee Mr. Pauline Rodriguez speak to VIN News about their encounter with the TLC.

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Kohn told VIN News that he typically would have sent Rodriguez alone to buy the bananas but he wanted to see the fruit for himself since recent banana shipments have been of varying quality.

The two went together to Pepe’s Tropical Fruit on Throop Street, where Kohn decided to buy just a single case of bananas. Rodriguez loaded the produce into his car while Kohn remained inside to pay for his purchase and as the two began their trip back to All Fresh when they noticed flashing lights in the rear view mirror.

“They pulled us over and didn’t identify themselves as TLC,” Kohn told VIN News. “They looked like regular police they showed us a badge and said that the mayor had them looking for stolen vehicles and they asked the driver to step out of the car.”

Kohn acknowledged that he had not been sitting in the front seat of Rodriguez’s car when the two were pulled over.

“He had a lot of papers on the front seat,” said Kohn. “He was doing me a favor and I didn’t want to tell him to move the papers for me.”

According to both Kohn and Rodriguez, the TLC agents searched the car and told Rodriguez that he was being issued a summons for operating an illegal taxi and that Kohn had been observed hailing Rodriguez down outside the fruit store.

“It is a lie that they say that I waved with my hand,” said Kohn. “He was waiting for me outside and I just went right outside into the car.”

Both men said that TLC agents refused to believe that Rodriguez was a long time employee of All Fresh and were not interested in seeing Rodriguez’s pay stubs, which were in his car and would prove his employment. Rodriguez was issued a $2000 summons and his car was towed by the TLC.

While agents told Rodriguez that pleading guilty on the spot would be reduce the fine to $1,000 he refused the offer, electing to wait for the December 16th court date to prove his innocence.

A CBS news report that broke the story on Friday afternoon gave Kohn the opportunity to speak out publicly about the incident and after reviewing the facts, a TLC spokesperson told VIN News that the original violation is being retracted.

“We have determined that there is sufficient reason to withdraw the summons and release Mr. Rodriguez’ vehicle at no expense, and we will be reaching out to notify him of this,” said TLC Spokesman Allan J. Fromberg in a statement released to VIN News.

“We sincerely apologize for any inconvenience experienced by Mr. Rodriguez and Mr. Kohn, and while the overwhelming vast majority of enforcement actions taken by our officers are appropriate and upheld whenever challenged, we will continue to endeavor to ensure that the potential for such misunderstandings is kept to the absolute minimum.”

Fromberg noted that incidents of this nature are rare and that the TLC plays an important role in public safety on a daily basis.

“TLC Inspectors do a difficult and sometimes dangerous job, protecting the public from illegal operators whose reckless behavior sometimes ends in tragedy,” said Fromberg. “Aside from unlicensed drivers posing the risk of death and injury to pedestrians and other drivers, these vehicles have inadequate insurance, inadequate inspections, among other issues.”

According to Fromberg, agents are often forced to make split second decisions, a process that can occasionally result in erroneous summonses being issued and that the agency is working hard to ensure that any possible errors are addressed swiftly.

“Considering the unavoidable challenges these highly-trained and experienced officers face in the field making on-the-spot determinations about these violations, the TLC implemented an internal review process several months ago to ensure that possible misunderstandings are found and addressed prior to a hearing.”

Assemblyman Dov Hikind was quick to praise the TLC for its actions this morning.

“It is a lesson for all us: civilians, professional, agents and the rest of the world,” said Hikind. “We are not perfect. Sometimes we make mistakes and when we do we say we were wrong. I give the TLC credit for doing the right thing here.”

This incident marks the second time in six months that members of Brooklyn’s Jewish community have encountered difficulties with TLC agents. An incident six months ago, where TLC agents ticketed a Chesed driver who was taking passengers to area hospitals, prompted meeting between the TLC, members of various communal organizations and elected officials to prevent similar incidents, as previously reported on VIN News.

“We have really developed a great relationship with the TLC and we put protocols in place and they have been working beautifully,” said Hikind. “There have been a lot of improvements since that time and in this case, the TLC has done the right thing and I commend them for it.”

The Office of Public Advocate Letitia James intervened in Mr. Rodriguez’ case.

In a statement released to VIN News, James, said “My office was able to successfully assist Mr. Rodriguez, but there are other drivers out there who were unfairly forced to pay exhorbitant fines,”

“Our city cannot target certain groups for unwarranted violations. My office will stand with erroneously-fined drivers, and I hope that TLC will instruct their agents to act ethically as they perform their duties.” said James.