Page 1 – AFFIDAVIT OF ERICH ENGLAND

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

ETRACY REEVE, Oregon State Bar ID Number 891123 

City Attorney 

Email: Tracy.Reeve@portlandoregon.gov

J. SCOTT MOEDE, Oregon State Bar ID Number 934816 

Chief Deputy City Attorney 

Email: Scott.Moede@portlandoregon.gov

Kenneth A. McGair, Oregon State Bar ID Number 990148 

Senior Deputy City Attorney 

Email: Ken.McGair@portlandoregon.gov

Office of City Attorney 

1221 SW Fourth Avenue, Room 430 

Portland, OR 97204 

Tele: 503-823-4047 

Fax: 503-823-3089 

Of Attorneys for Plaintiff City of Portland 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

CITY OF PORTLAND, a municipal 

corporation of the State of Oregon, 

 PLAINTIFF, 

 v. 

UBER TECHNOLOGIES, INC., a Delaware 

corporation, and RASIER, LLC, its wholly 

owned subsidiary, 

 DEFENDANTS.

3:14-cv-01958-SI

AFFIDAVIT OF ERICH ENGLAND 

(In Support of Plaintiff’s Motion for Remand 

or, In the Alternative, Motion for a Temporary 

Restraining Order and Preliminary Injunction)

STATE OF OREGON) 

 ) ss. 

County of Multnomah ) 

I, ERICH ENGLAND, being first duly sworn, state: 

1. I currently am employed by the City of Portland, Oregon, in the Offstreet Parking 

and Regulatory Division of the City of Portland’s Bureau of Transportation. My job title is 

Regulatory Program Specialist. I started employment with the City in January, 2013. My job 

Case 3:14-cv-01958-SI Document 12 Filed 12/10/14 Page 1 of 4
Page 2 – AFFIDAVIT OF ERICH ENGLAND

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

duties include, but are not limited to, enforcement of Chapter 16.40 of the Portland City Code 

(Private For-Hire Transportation) and accompanying regulations. 

2. I make this affidavit in support of the City of Portland's Motion for Preliminary 

Injunction. 

3. I am aware that Uber Technologies, Inc. and /or affiliated entities (“Uber”) declared 

an intent to commence operation in Portland, Oregon, on December 5, 2014. Uber began operating 

at 5:00 p.m. on that date. I have personal knowledge that Uber began arranging, facilitating, and/or 

providing vehicular transportation for compensation the evening of December 5, 2014, within the 

City of Portland, Oregon, in conjunction with driver/partners as I personally observed its 

application and drivers operating through its uberX platform. 

4. The provisions of Chapter 16.40 require that all private for-hire companies, drivers 

and vehicles must have permits. 

5. To date, no company with the name Uber Technologies, Inc. nor Rasier, LLC has 

applied for a permit to provide vehicular transportation for compensation. 

6. To date, there have been no applications for permits for vehicles affiliated with Uber 

Technologies, Inc. nor Rasier, LLC to provide vehicular transportation for compensation. 

7. To date, no drivers have applied for permits affiliated with Uber Technologies, Inc. 

nor Rasier, LLC to provide vehicular transportation for compensation. 

8. Specifically, the requirements of Chapter 16.40 -- along with any penalties assessed 

for violations -- apply to all for-hire transportation companies, vehicles and drivers, whether legally 

and validly permitted or not. PCC 16.40.020 A. It is not a defense to any regulatory action 

(including penalties and fines) to assert that the City cannot act because the driver, company or 

vehicle does not possess a valid City-issued permit, decal or taxiplate. PCC 16.40.020 B. 

9. Specifically, under Chapter 16.40, no person may drive a for-hire transportation 

vehicle without a valid current for-hire transportation driver’s permit issued under Chapter 16.40. 

Case 3:14-cv-01958-SI Document 12 Filed 12/10/14 Page 2 of 4
Page 3 – AFFIDAVIT OF ERICH ENGLAND

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

PCC 16.40.090 A. Uber has contracted drivers to drive for-hire transportation vehicles without 

requiring such drivers to obtain valid, current for-hire transportation driver’s permits and Uber 

drivers have failed to obtain such permits. 

10. Again, Uber began illegally operating for-hire vehicular transportation for 

compensation through its uberX and/or Rasier, LLC platform in the City of Portland on the evening 

of December 5, 2014. To date, neither Uber nor any of its contracted drivers have applied for, or 

been granted any company, driver or vehicle permits to operate within the City of Portland as 

required by Chapter 16.40 of the Portland City Code. I have personally observed the following 

examples outlined in paragraphs 11-15, below. 

11. On December 6, 2014, I used smartphone and the Uber application to hail an Uber 

driver to the location of the Horse Brass Pub located at 4534 SE Belmont Street, Portland, Oregon 

97215 at approximately 9:45 p.m. 

12. The driver picked me up in a Toyota Yaris. The Yaris did not have any of the 

Chapter 16.40 required taxicab or LPT requirements posted or displayed. The license plate number 

was 033GVZ. 

13. The driver took me to the Portland Airport and I requested that I be dropped off at 

the arrivals area and the driver complied with the request. 

14. The Portland Airport address is 7000 NE Airport Way, Portland, Oregon 97218. 

The trip lasted about 20 minutes arriving shortly after 10:10 p.m. 

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Case 3:14-cv-01958-SI Document 12 Filed 12/10/14 Page 3 of 4
Page 4 – AFFIDAVIT OF ERICH ENGLAND

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

15. In addition, on Friday, December 5, 2014, I was at the Arlene Schnitzer Concert Hall 

located at 1037 SW Broadway, Portland, Oregon 97205 between 5:15 p.m. and 5:45 p.m. and was 

able to utilize the Uber application to hail an Uber driver on four occasions and on all four 

occasions, after the ride was booked, the driver cancelled. 

 s/ Erich England Erich England 

SUBSCRIBED AND SWORN TO before me this 10th day of December, 2014, by Erich 

England. 

 s/ Jody L. Thoman 

 Notary Public for Oregon 

 My commission expires: 10/29/2016 

Case 3:14-cv-01958-SI Document 12 Filed 12/10/14 Page 4 of 4