By Kris Bailey

I met Chris Nielsen, owner of Electric Cab of Austin, during my recent campaign for Austin City Council. Chris has been waging a three-year-long battle with the City of Austin over his idea for a green energy business giving pedestrians rides in low-speed electric vehicle - all on a “tips only” basis. He does not charge for these services, as the mobile marketing company generates its revenue from advertising on the sides of the vehicles.

There is no law actually prohibiting him from operating this business, but the police have determined that the lack of a law regulating a business constitutes operating in violation of a law. Nielsen’s drivers have received around 200 tickets and arrests over a law that does not exist.

The Urban Transportation Commission has recommended multiple times that the city issue Chris a permit to operate, yet the City Council refuses to act. The City of Austin does not wish this business to exist. Why?  The taxi lobby is concerned about competition, and donated $36,700 between all of the sitting members of the City Council and the Mayor. I’m not making any direct accusations against anyone here, but I will say it gives the impression that we have private businesses buying harassment of their competition.

So, I decided to drive a cart for Chris. I gave two rides on Friday night, Aug. 26. The first was to a couple of women who, when dropped off, handed me a few dollars and thanked me. I didn't charge them - they voluntarily handed me the money. At this point, three APD officers stopped me and wrote me a ticket for “operating without a permit” and “no chauffeur’s license.” I tried to explain that the permit and license did not exist, but they didn’t care. I asked multiple times if they had read the ordinances I was accused of violating, and the officers refused to cite the law I was allegedly breaking. They told me if they saw me operating again, they would arrest me.

A few minutes later, I picked up another person and gave him a ride. When I dropped him off, the officers saw him hand me $4 (again, I did not charge him) and immediately came and put me in handcuffs. I was arrested without discussion or hesitation, and taken directly to jail. It was quite the experience. I got to spend the night with a lot of the late Friday evening drunks, one of them throwing up all over the floor right next to me. I stayed in jail until I was released the next morning.

My arrest was for a law that did not exist, I have done nothing wrong, and our City Council refuses to even discuss that there could be a problem. In the meantime, a small business is being quietly bankrupted by the city with impound fees and arrests of its employees. Another driver, a 19-year-old girl, was arrested on Aug. 15 for the same non-existent charge that I was.

I'm appealing to anyone who cares about green energy, small businesses, police accountability and wasted resources, who thinks incidents like these should not happen to please write the Austin City Council members and tell them what an injustice they 'e committing. It doesn't matter where you live, the issue of governments shutting down businesses concerns everyone across this country. Contact the Mayor and the City Council here.

Kris Bailey lost his bid for Austin City Council in May. He was endorsed by Willie Nelson and Teapot Party. This blog originally appeared here.

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