Unequal Treatment

All Three Portsmouth River Crossings Tolled Creating a Toll Wall

Currently, Portsmouth has no tolls on its river crossings. However, a new tunnel needs to be built to accommodate increased traffic flow, and the State of Virginia has decided to place tolls on all three river crossings in Portsmouth to pay for it. As a result of these tolls, Portsmouth, a predominantly minority City , according to the 2010 census, will be effectively segregated from Norfolk and beyond to Virginia Beach.

Virginia Seems to be in Non-compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 12898 As It Pertains to Federal Assistance to Highways?http://www.fhwa.dot.gov/environment/environmental_justice/overview/

As I understand it, both the Downtown and Midtown Tunnels have received federal funds or assistance. As such, Virginia should abide by the above Civil Rights requirements. I contend that the required Environmental Assessment to be incomplete and misleading as the tolls and EZ Pass administration fees create the disparate impact on minorities, low income populations, and woman with specific religious concerns.

The Environmental Assessment Downtown Midtown Tunnels Appendix A stated that all of the Portsmouth to Norfolk, Elizabeth River crossings would employ EZ Pass with no toll booths. I spoke with a VDOT representative who explained that the cars that did not have an EZ pass would have a picture taken of their license plate. As I understand it, people not having EZ Pass to include: those below the poverty level (lacking funds or means to pay for multiple uses in advance by credit card, money orders, and like means as they likely do not have a credit card), Canadians, and visitors from western states would receive a bill from EZ Pass with an extra “administrative” processing fee. I received a reply to my email requesting information as to toll and EZ Pass costs and obtained the following.

“For motorists who do not have an EZ Pass transponder, a video photograph will be taken of the vehicles license plate and the owner of the vehicle will receive an invoice in the mail for the toll and a toll recovery fee, which according to Virginia statute, cannot exceed twice that of the base toll rate. So, for example, if you receive an invoice in the mail for a non-peak toll of $1.59, the amount due cannot exceed $4.67 ($1.59 toll plus the toll recovery cost).”

Drivers with no EZ Pass to include: Portsmouth citizens as well as distant driving tourists would potentially have to pay $9.34 round-trip. They would be burdened with exposure of a fine or incarceration if they did not receive the toll/processing fee bill in the mail or failed to respond with payment in a timely manner. All of this places an undue burden resulting in disparate impact on Portsmouth’s poor, underserved, and substantial minorities.

Additionally, the Environmental Assessment failed to address the toll’s potential to “wall out” business from our already fragile downtown economy. The tolls will isolate Portsmouth effectively creating a major barrier to trade. As such our businesses are likely to be severely harmed by the imposition of these tolls and processing fees as both are deterrents to making the crossing into Portsmouth from Virginia Beach and Norfolk. I believe the state and private partnership may be potentially responsible for this harm if tolls are allowed to go into effect. Portsmouth is a city with very limited financial means to fight the segregationist discrimination being thrust upon it.

Tolls Create a Separate, Harmfully Unequal, Barrier to Trade that Will Negatively Impact Portsmouth

The imposition of tolls on the minority Portsmouth population will result in segregation that goes beyond separate but equal as it embraces the 1940s mentality of separate and harmfully unequal. My recent search for available jobs on Craigslist showed approximately 1000 jobs in Norfolk compared to only 225 jobs in Portsmouth. Our citizens will be denied job opportunities available in other cities because the extra $900-$1000. per year in commuter tolls will make it more difficult, if not impossible, for some to attain or retain work beyond the “Unequal, Segregationist, Isolationist Toll Wall.” Furthermore, these tolls will potentially result in downtown business closings, lost jobs, decreased residential and business real estate values, resulting in decreased taxes for the city.

Unprecedented Policies

The Downtown Tunnel has already been paid for by tolls. This is the only transportation facility in the state that will “charge a toll without adding any capacity for more vehicles.” (Virginian Pilot 1/24/20`2 p.1) The Midtown Tunnel toll will be put into effect before the tunnel is even completed. This too is a first for the state.

The new Gilmerton Bridge, currently being built between Norfolk and Chesapeake, will have no tolls. This further supports the notion that Portsmouth is being treated unequally and unfairly by the state. I believe this is occurring because the city does not have the resources to oppose the injustice precisely because it is a minority city with a substantial underserved, poor population.

Discrimination Related to Gender, Religious Beliefs, and Access to Medical Care

The imposition of tolls on all river crossings extends discrimination to female “Portsmouthians” preferring maternity delivery procedures in a non-Catholic hospital and as such speaks to discrimination based upon religion (non-Catholic religious orientation) and gender (women with childbirth concerns.) Women who are concerned about delivering a baby in a hospital with Catholic values, choosing the life of the baby over the life of the mother if such a choice must be made, should be able to select a non-sectarian hospital, such as Norfolk Sentara located through the tunnel in Norfolk, instead of Maryview Hospital, the only hospital in Portsmouth, without penalty of tunnel or bridge tolls.

In conclusion, placing tolls on all three river crossings between Portsmouth and Norfolk may well be racially segregationist, harmfully unequal, and from a gender/religious standpoint, potentially discriminatory.

Potential State Liability for Discriminatory, Segregationist, Isolationist Practices?

As a lay, concerned citizen, I believe the city, affected citizens, and businesses should be eligible for compensation from damages should the tolls go into effect. The state should have had the foresight to allocate money for this necessary project prior to the current long, deep recession.

The cost of this error should not be borne by Portsmouth’s minority, underserved, and/or poor citizenry.