TBO.com - TBO is Tampa Bay Online

The Injustice Express: Train To Nowhere

ADVERTISEMENT

By THOMAS S. EDWARDS, JR.

The Tampa Tribune

Published: July 7, 2008

Commuter rail has the potential to be an alternative to the rising gas prices and roadway congestion. Just because the CSX bill did not survive the 2008 legislative session does not mean that the idea of commuter rail has to die along with it. However, any plan devised must be fair to all Floridians, not just wealthy corporations.

The people of Florida deserve a commuter rail. But they also deserve justice if something goes wrong. The CSX proposal of the 2008 session did not offer justice to the citizens of Florida. Instead, it stripped them of their right to an open government, their hard-earned tax dollars, and their ability to hold a for-profit, billion-dollar corporation accountable for wrongdoing. Under the original proposal, CSX lined its own pockets with the dollars of Florida's taxpayers and got protection from wrongdoing at the expense of innocent victims and citizens.

Certain details of the deal between the Florida Department of Transportation (FDOT) and the CSX Corporation (such as the liability provisions whereby the citizens of the state of Florida would cover CSX for the vast majority of potential claims in the corridor) were conveniently hidden until the 2008 legislative session. When the sunshine was finally cast on this deal and many state legislators were finally informed of its details, there was understandable caution.

How can Floridians expect to put their good faith, and their tax dollars, into a plan when the details were hatched under a cloak of concealment?

This deal also had a hefty price tag attached to it. It was recently unveiled that the total price to the taxpayer for this project was going to amount to a staggering $1.26 billion, including $432 million for the rail and subsequent improvements to it, $214 million for five grade separations along the S-line, and $615 million for "capital costs" coming from state and federal funds. And this was merely to use the tracks for 12 hours a day. CSX would still be using them for the other 12 hours - oftentimes, while the commuter rail uses the tracks too! On top of it all - we the taxpayer get to pay to maintain the rail lines that CSX damages with its heavy freight trains.

Yet we know and understand that commuter rail will come at a cost. The Florida Justice Association would just rather not have that cost come at the expense of justice, and the language within the CSX proposal was particularly alarming to us.

We knew the trouble and the cost the taxpayer would carry, once words such as "indemnity" and "immunity" were put into the bill at CSX's request. The Florida Justice Association was never opposed to a commuter rail as much as it was to the cowering of CSX attempting to avoid their obligation to operate safely and protect the innocent lives of Floridians.The deal was to give CSX, a for-profit, Fortune 500 Corporation with revenues above $2.7 billion, complete indemnity from fault. CSX insisted upon this. They also wanted to establish "sovereign immunity" for the private-for-profit corporations working in the railway corridor. Under the indemnity provisions, the citizens of Florida were required to pick up the tab for all passenger injuries, all injured people present in the corridor and all injured people crossing the corridor. CSX only had to pay for the injuries of two people and CSX's own crewmembers. What CSX wanted was to be absolved from all responsibility for running a safe railroad operation. They wanted to have it so that no one could hold them responsible for their own negligence. CSX wanted profits at the expense of Florida's taxpayers, who would pay into a multimillion dollar a year insurance policy on behalf of CSX.

"Approximately every two hours somewhere in the United States, a vehicle and train collide at a highway-rail intersection," according to the CSX Web site. Should we endanger the citizens of Florida with this staggering statistic, especially considering the tons of hazardous chemicals being transported alongside the passenger trains? In recent years, CSX reduced its spending on safety programs. CSX had 3,500 safety violations cited by the Federal Railroad Association last year alone, 74 train accidents, 96 highway-rail incidents, and 20 deaths thus far reported in 2008, all of which being anything but devastating to CSX. Their first quarter earnings were up 63 percent from last year.

And these are merely the safety regulations they were caught breaking, leaving the question as to how many others may still be unchecked.
CSX needs to accept responsibility for its own actions. The Florida Justice Association is not opposed to commuter rail. We just want it to be good for taxpayers, fair for Floridians, and we don't want innocent citizens put at risk.

Thomas S. Edwards Jr. of Jacksonville is president of The Florida Justice Association.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT