[5/26/04]The owner of a cab company shut down by tighter rules has filed a second suit against the City of Vicksburg.

Bill Williams, who owns Red Top Taxi Service, 1001 Avenue D, added the case in Warren County Chancery Court to one he filed a year ago in federal court.

Williams asks for an injunction against city rules he argues were unfairly developed and applied.

Vicksburg’s attorneys have responded that the same matter is already being considered by a federal judge, so Williams’ complaint in the state court should be dismissed.

“It’s my position, on behalf of the city, that it’s the same case,” City Prosecutor Bobby Robinson said.

Neither Williams nor his attorney, Harry J. Rosenthal of Jackson, was available.

The city revoked Red Top’s registration as a cab company in early June 2003, saying it was one of two operators not meeting standards that include safety checks and proof of insurance.

Municipal law gives cities the power to license vehicles for hire, and it is illegal to charge people for rides without a city franchise. The city sent Red Top a June 3 letter revoking the company’s operating certificate.

The permit of Rocket Cab, 2825 E. Main St., was also revoked.

Williams filed his federal suit on May 30, 2003, and the city responded with a motion to dismiss the suit within a month, court records show.

Williams filed a response to the city’s motion on Jan. 15. The case has been assigned to Judge David Bramlette, and remains pending.

City rules had required Vicksburg cab companies to post $5,000 bonds for property damage or insurance claims. New rules raised insurance to a minimum of $75,000 for injury or death and $150,000 for each accident for damage to property.

Williams’ suit claims that the city unconstitutionally “failed to grandfather'” his business when it raised standards. It also says the city failed to publish proposed ordinances “in the manner necessary to allow existing business owners to have an input as to the needs or requirements for the operation of a taxi cab business.”

The city, in its response filed by Robinson, denies both claims.

The complaint asks a temporary injunction allowing Red Top to continue to operate and to hold a hearing to consider making the injunction permanent.

A call to the phone number listed for Red Top reached a recorded message saying the number had been disconnected.

One company, J&B, met the new standards, which also include painting all cars in a fleet uniformly and charging meter-based instead of zoned fares.