and some value in return what was the value that you expected or well worth what i guess my question is property that's that's the question is if the  was because the rocket was flooded with new cars two crews were people right correct ok relief work had flooded the market with new cars to transport people by increasing the cap on without even from six hundred to six thousand and you still have a case this who do well and in that particular case it would be less of a case because your exploitation your expectation as to what you are going to get the value you're going to get you would expect that at some point i would argue and concede that at some point you would expect that the city may increase the number of cars available rahway i arrived would you expect plated slightly differently broad based fill half to get the fingerprinting of individual drivers they still have to get their vehicles inspected on a more regular basis and one of the biggest expenses is the carrying of insurance is they have time that newark has allowed a different industry to come in to be really great related or probably from your perspective essentially i were regulated so it's not a rebel playing field in terms of competition us the prices etc that are given to the department of transportation are confidential so any time they want to completely put my clients out of business we could start advertising saying course you thirty dollars to take argument your insertion that you're being treated unfairly and on that front though you have to show that this city's differential treatment is irrational there's no without your pointed out very strongly in your briefing nobody's nobody's suggesting that they were they are being treated differently they certainly are being treated differently what it wanted to speak go to the difference is that relationship we're now being governed by the street according to choose a different issue but with regard to the state more specifically the only information that is provided by the law that is required to be provided is a picture of the driver the license plate number not even the fare not even a prearranged fare if you compare that to taxis in a taxi you know what the wage because it's regulated let's face it we're talking about newark actually most of it taxis are dealing with the airport at the airport you have somebody with pakistan and they tell you exactly what the ferries going to big well you know the use of the train station owners correct but majority of the work is be done from the airport and quite honestly the way that the statute now breaks tam with regard however it also sneak greenman also says that the terms of the agreement are meant to whatever the state says now the state will a says that that we are is nothing in the this case or somehow affect our ability to address the issue you've raised because you've painted on the city of new york's regulatory approach and and there are no koori because the state law that's been paid ten million dollars over seven years whether they're using the state law home choose whether they're using this agreement they're getting paid for something and what are they getting paid they're getting paid for an access agreement a airport which is not owned by the city of newark is in fact owned and regulated by the port authority and they claim this home and just second this is so is your position on the on the  it doesn't it doesn't even matter what the exact contours of the city's regulation or agreement on are there still some kind of an agreement that allowing them to function in a way that different from the cab is reducing the value of the dalliance absolutely absolutely and be treated separately when there is no legitimate separate separation between the two of them i see my time whatever the regulatory regime was from the city of new ark is just no longer in force i mean is the city saying hey we're out of it now or are you not saying that because if you're saying we read it album that that makes for an interesting question  actually about is whether or not we have any regulations that are directly want to be preempted by this as relates to t v and scenes and i think the only discussion that's been had from the city to national t v is even by way of agreement there's no regulation outside of what we're talking about connection with happen even conceded i believe that if there's a six hundred seventy that's where i'm always going to be six hundred cap and that doesn't mean that there's not going to be other participants in the market so if the market fluctuates or contracts based on there being market entrants or there's competition and then there's unfair competition and it does seem a little odd to have the function is basically the same there are certain differences between t and cs and cab certainly the basic function is you've got a service you tell them to price their service that way the taxi cabs are not free to say i tell you what based on the number of cabs in the area here i'll take you for this much money and negotiate a contract rate you have set i heard your opponent say when he was standing up here mr weatherley or if i heard right said you can't rely on that because that's a distinction that's created by the regulatory story that the only reason that there's a difference perhaps in the way  make a statement about price but on the taxicab side it's not a function of technology it's a function regulation ice cap companies were for you to do it and they want it in a free and open market maybe a cab companies would say a connection with the price for regulating the price and i think that's what you're saying maybe unfair but what i'm saying is that it's a function of the information that's available to the person that's getting to the car and i think that's what the second circuit is right or they're saying that before you get in won't i hear them saying no no the major reason we can't is that acknowledge it since we're told we can't do that and so it's a barrier for you to listen to them when they say that's the station because they're making u don't know who you're getting into the cab with so i think that it's important for the city to have regulations such that we know we can try to gauge the safety for the folks there and see things crafts so you're saying that somebody is safer getting into it because they saw customer gets in the back seat and doesn't rate the work of at the back seat is a customer who needed to reject that car and get out of the cabin and take say i'll take the next one absolutely absolutely they are entitled to do that and the information record right do you know where that information is available to the customer currently provides that information what we're talking about with regard to the state will which is now in effect terms and conditions of this agreement shall govern so now we're talking about the state law what are they required to provide there only required to provide a picture of the driver and the license plate number of the vehicle that's is that unconstitutional oh um that is not a part of our brief but i am arguing is the new work law pursuant to what they say once there was a state law be incorporated the  supersedes agreement or prevents you from pursuing your claims here all right that's correct and i think that the key is following the money as long as new york is getting the money there is not a superseding gone down sixty seventy percent per year and the value that he can sell the medallion it's gone down over fifty percent to me real numbers would be so the value at this they were five hundred bason a couple of years ago we can sell for less than two hundred fifty thousand up i go back to the penn central taking score those standards it's basically do you have a reasonable investment back expectation they had an investment back expectation did to them by the if you call it with and this is really important and it's somewhat common hooted but it's important if you're caught with the person that you're giving the other six hundred to is number one you're not subject to the same co same way i would say if you have less of a case they certainly had a value that was given to them by the city or very city expectation of holding on to the inherent value to them that would deleon that's perfectly parallel that determination as to whether or not that was valid value was beyond the expectation was in minneapolis that's a case right and they lost because the judge in the way said in that case you don't have an exclusive right you got  medallions essentially be increasing the number of medallions because that's essentially by a lot of who brought it up they were increasing the number of medallions second you're controlling our price they don't oh well of these costs so you're create you give us something we painted we pay every year for our right to do that and now i'm right you're doing is you're allowing a competition to come in you're doing this you digitally but there's a political pressure being brought to bear just the curiosity somebody got in the cities getting seven million dollars over ten million dollars over seven years i don't know i guess but  issue tickets on but will the tickets if they were issued by the port authority they then they didn't go to the municipality to determine whether what the outcome of those tickets are and we think it's all got in exchange for a million