City attorney anticipates a drawn-out legal challenge
Gretna's plan to cite railroad companies who allow rail cars to block city streets has angered railroad officials who are threatening to sue the city if it enforces the new rules.
Cars and pedestrians pour onto 4th Street in Gretna after a long train finally finishes bisecting the city. Gretna Police will start ticketing trains that block public streets for more than 10 minutes.But city officials have defiantly promised that tickets are coming soon.
The council unanimously approved Councilwoman Belinda Constant's request Wednesday to have the Gretna Police Department begin ticketing New Orleans Gulf Coast Railroad officials if rail cars block a public street for more than 10 minutes. In April, the council passed an ordinance establishing new guidelines for railroads, but the city held off on issuing citations while it tried to discuss problems with officials. Railroad officials contend the city lacks the authority to issue citations because of federal protections.
But Constant said Wednesday the time for discussion is over because railroad companies are not taking the city's concerns about potential public safety problems seriously. She said she has received complaints from residents who have had access to their neighborhoods blocked for as much as 30 minutes, which could impede help in an emergency.
"I believe we need to act on that law that was passed by this council," Constant said.
Police Chief Arthur Lawson said his officers can begin handing out the citations.
"We've got plenty of ticket books," he said.
However City Attorney Mark Morgan warned the council to prepare for possibly a drawn-out fight from Gulf Coast railroad. Morgan, who craafted the new ordinance said at the time he was confident the city was on sound legal footing because of its unique public safety issues.
In November 2009, a house on Governor Hall Street was destroyed by fire after a train blocked firefighters from getting to the scene.
Wednesday night, Morgan said he stood behind his legal opinion, but emphasized it wouldn't stop the railroads from challenging the city's ordinance in court.
"They're big boys and they have deep pockets," he said.
Mayor Ronnie Harris suggested that the city consider more meetings with railroad officials to see whether a court battle could be avoided.
Councilman Vincent Cox III said the city should post a billboard with the telephone number of senior railroad officials and encourage residents to contact them when residents are blocked by a train. Cox said that the city has taken the same action in the past, and it helped created some compromise.
Allen Powell II can be reached at apowell@timespicayune.com or 504.826.3793.