...Title
Protecting the Public from Sexual Assaults Associated With Uber, Lyft, and Taxi’s. (Mayor)
...Recommendations
Direct the City Attorney and City Manager to:
1. After consultation and outreach with local survivor support organizations and law enforcement agencies, return to Council for consideration of a proposed ordinance that would require all taxi companies and ride-share companies (aka, “transportation network companies,” or TNC’s) made aware of the occurrence of a sexual assault associated with their operations, to immediately:
a. Inform survivors in clear, simple language, of
(1) contact information for survivor support organizations in their area;
(2) the phone number, email, and any other information that will expedite reporting of the incident to the sexual assault investigations unit (SAIU) of the San Jose Police Department;
(3) a description of their rights as survivors, including their right to choose whether or not to respond to questions from police investigators;
(4) the fact that there cannot be any criminal investigation, arrest, adjudication, restraining order, or sanction of the assailant without the survivor’s independent communication with law enforcement;
(5) their eligibility for a free SART medical examination of their injuries; and
(6) an explanation that the timing of the SART exam is critical to preserve evidence of assault, and to protect their health.
b. Notify law enforcement of the assault allegation, and of contact information of the survivor, alleged assailant, and non-victim witnesses.
2. Determine whether state law wholly or partly preempts the enactment of an ordinance consistent with the requirements of Paragraph 1, supra, to generally apply to all transportation carriers, including taxis, transit agencies, and TNC’s.
a. Specifically, determine whether the City could impose such requirements pursuant to its existing police powers to regulate TNC’s and other transportation carriers to protect publ...
Click here for full text