Two popular ride-share companies, Uber and Lyft, have been granted temporary restraining orders in Spokane County Superior Court that stem from public-records requests the Journal of Business filed seeking information on the fees they paid to the city of Spokane. 

Attorneys for Uber and Lyft sought the restraining orders, claiming the information is proprietary.

Judge John Cooney granted a temporary restraining order to Lyft on Feb. 26 and set a hearing for Friday, March 13, at which time Judge Cooney will make a final decision on the matter.  Court Commissioner Julie McKay, who heard a similar case filed by Uber on March 4, also granted a temporary restraining order on the basis that, “the number of rides facilitated by Uber and the amount it paid to Spokane for those rides, is propriety information exempt from public disclosure.” 

The court further found in the Uber case that “It is not in the public interest to allow the disclosure of (Uber’s) proprietary information to the public, that (Uber) would be substantially and irreparably damaged by such disclosure, and that good cause exists for proceeding with entry of a temporary restraining order.”

The court ruled that the Uber case would also be heard at the March 13 hearing. 

Essentially the same verbiage was used by Lyft attorneys in their request for a temporary restraining order.

Michael E. Kipling, an attorney with Kipling Law Group PLLC based in Seattle, was counsel for Uber, while Lyft was represented by Hailey Landrus, of Spokane-based Stamper Rubens PS. 

Uber and Lyft use smart phone apps to arrange transactions to transport passengers. Riders who want to use the apps download it to a mobile device, and sign up for the service. Riders open the app when they need a ride and typically can select from a number of available drivers who are near their location. The drivers are paid via a credit card; no cash transactions are allowed.

Uber and Lyft operate in Spokane under interim operating agreements they signed with the city in late September. 

The temporary operating agreements require Uber and Lyft to track the number of rides its drivers provide, and pay 10 cents per-ride fees quarterly, up to an annual cap of $10,000 each. The companies also are required to maintain accurate records of their drivers. 

On Feb. 20, the Journal of Business filed a public records request asking for the amount of Uber’s payment to the city under the operating agreement during the fourth quarter 2014, and the number of rides provided by Uber’s drivers for 2014 and 2015, as part of a story that ran in the Feb. 26 issue of the Journal. 

City spokeswoman Marlene Feist told the Journal on Tuesday, Feb. 24, that the city’s total compensation from both companies for fourth quarter 2014 was $2,023, but declined to disclose each company’s numbers separately. On the same day, Feist told the Journal that ride-share drivers provided 6,743 total rides per month based on 30 days per month, or 224 rides per day, in the city during the fourth quarter, but again declined to report separate information for each company.

Nathaniel Odle, assistant city attorney with the city of Spokane, declined to comment on the case, saying his office doesn’t comment on pending litigation. Neither Uber nor Lyft returned phone calls and emails by press time. 

Some Spokane cab company owners have said they’re unhappy with the ride-share companies, saying their drivers have violated the agreements with the city repeatedly by parking in taxi zones, advertising in bars and restaurants and soliciting customers on sidewalks in front of businesses.

The two San Francisco-based companies consistently have been at odds with cab companies in other cities and in a few states such as Virginia, which recently authorized the use of private vehicles for public transportation with rules governing insurance coverage, background checks, and other requirements for drivers.