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E-Z Pass is Too Easy on In State Residents

By Calvin Massey

  The New York Times reports on constitutional challenges to  the practice of giving in-state residents a break on tolls rung up through E-Z pass.  In-state residents using E-Z Pass get charged a lesser amount than out-of-staters equipped with the same device.  This is too easy.  The practice is facially discriminatory and thus must be jusitified by the state's prrof that it has a legitimate objective that cannot be accomplished by any less discriminatory alternative.  Why is it legitimate to give a price break to frequent users of the same toll facility?  This amounts to saying the toll is really burdensome to commuters, so we want to give them a partial exemption.  But commuters are almost certain to be in-state residents, and the out-of-state commuter is denied the break, so this objective looks like naked protectionism for local interests.  Even if it is legitimate, the state could offer special transponders to any frequent user of a facility.  I am unimpressed with the states' claim that the practice is valid.  

Full post as published by The Faculty Lounge on April 02, 2009 (boomark / email).