News & Events
Transportation Company shut out of Port of Miami gets $3.54 million
MARCH 17, 2010 | DAILY BUSINESS REVIEW
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The jury found Florida Transportation Services, a non-union company, was unfairly denied a permit in 2003, 2004 and 2005 to operate in the Port of Miami. The reason given to the company: “lack of need,” according to the 2005 complaint.
The Southeast Florida Employers Port Association represents nine unionized companies whose workers belong to the International Longshoremen’s Association.
“In the trial, it was significant because FTS was non-union,” said Miami attorney Mark Journey. “It made its cost lower so it could be more competitive with other stevedores who had union affiliations.”
Journey represents Florida Transportation Services along with Coffey Burlington partner Jeffrey Crockett and Miami solo practitioner Carmen Rodriguez.
The verdict for Florida Transportation follows a 2008 ruling by U.S. District Judge Adalberto Jordan who found a county ordinance governing stevedores was unconstitutional because it interfered with interstate commerce.
A self-review system in the ordinance created an oligopoly that perpetuated a “protectionist scheme” by guaranteeing work for nine existing stevedore companies while keeping others out, the judge ruled.
“The county cannot remove its port facility from the national stevedore market any more than Texas can remove its oil refineries or California can block off its wineries or Michigan can monopolize its auto industry,” Jordan wrote.
The ruling set the stage for the 10-day trial this month to determine damages. The issue for the county turned to mitigating the damages claim rather than fighting the allegation that Miami-Dade violated the dormant commerce clause.
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