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BRIDGEPORT AND PORT JEFFERSON STEAMBOAT CO. v. BRIDGEPORT PORT AUTHORITY

Docket No. 08-3886-cv.

567 F.3d 79 (2009)

BRIDGEPORT AND PORT JEFFERSON STEAMBOAT COMPANY, Frank C. Zahradka, and D & D Wholesale Flowers, Inc., Plaintiffs-Appellees, v. BRIDGEPORT PORT AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 29, 2009.

Attorney(s) appearing for the Case

Timothy F. Noelker, St. Louis, Mo., (James W. Erwin, Ryan K. Manger, Thompson Coburn LLP, St. Louis, Mo.; Richard L. Rose, Everett E. Newton, Murtha Cullina LLP, Stamford, Conn., on the brief), for Defendant-Appellant.

Martin Domb, New York, N.Y. (Jeremy A. Shure, Jordan M. Smith, Akerman Senterfitt LLP, New York, N.Y.; Jonathan S. Bowman, Stewart I. Edelstein, Cohen and Wolf, P.C., Bridgeport, Conn., on the brief), for Plaintiffs-Appellees.

(Steven E. Bers, Whiteford, Taylor & Preston LLP, Baltimore, Md. for amicus curiae Nat'l Ass'n of Passenger Vessel Owners, Inc., in support of Plaintiffs-Appellees.)

Before: NEWMAN and SACK, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns the constitutionality of a fee imposed on passengers traveling by ferry from Bridgeport, Connecticut, across Long Island Sound to Port Jefferson, New York. The fee is alleged to violate the Commerce Clause, the constitutional right to travel, and the rarely litigated Tonnage Clause, as well as federal and state statutes. The Defendant-Appellant Bridgeport Port Authority (...

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