The Arlington Chamber of Commerce wants to see a speedy end to the county’s HOT lanes lawsuit, arguing that the cost of suing to stop the construction of high-occupancy toll lanes is damaging the county’s reputation and hurting efforts to improve transportation on busy interstates. Chamber President Rich Doud said the lawsuit could undermine efforts to relieve traffic congestion in Arlington, damage the county’s relationship with the private sector and drive up the HOT lanes project’s cost as the lawsuit drags on. The chamber includes ending the lawsuit on its list of public policy priorities for 2011.
The county spent more than $1 million on the lawsuit since filing it in August 2009, helping create a $1.2 million shortfall in the county’s legal budget, according to County Attorney Stephen MacIsaac.
“We find it kind of bizarre that the county has taken the actions that they have,” Doud said. “As far as I can tell, they don’t have many friends agreeing with them on this from outside Arlington, and I guess counting us, not many friends inside Arlington, either.”
Arlington is challenging state and federal transportation agencies’ decision to build high-occupancy-toll lanes on Interstates 95 and 395 without doing the customary environmental impact study. Arguing that pollution from the project would harm minority residents living near the roadways, the county charged four Virginia and federal transportation officials with “blatant and intentional” neglect of federal and state anti-discrimination laws.
U.S. Transportation Secretary Ray LaHood, Federal Highway Administrator Victor Mendez, former Virginia Transportation Secretary Pierce Homer and FHA program manager Edward Sundra are all named in the lawsuit in both their official capacities and as individuals. Civil rights lawsuits must be levied against named individuals, Arlington’s attorney said, though business leaders object to it.
“It’s over and above a normal challenge process when you include individuals on a suit in their individual capacity,” said Doud. “We just don’t think that’s right. To us, it’s an unethical decision.”
County officials defend the lawsuit, arguing that the benefits of winning the case and renegotiating the HOT lanes plans would be worthwhile.
“We are actively working with the state, and would look forward to a resolution,” said Arlington Board Chairman Jay Fisette. “In the end, the cost to Arlington of fixing the problems generated by the current design of the HOT lanes project would likely dwarf these legal costs.”
