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Board upholds taxi commission's permanent revocation of driver Jacob Bretholtz's permit, 3-1

San Francisco Board of Appeals · October 3, 2007
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Summary

After hearing testimony and police evidence about a December incident and prior behavior, the Board of Appeals denied Jacob Bretholtz's appeal and upheld the Taxi Commission's permanent bar on issuing him a taxi permit by a 3-1 vote.

The San Francisco Board of Appeals denied the appeal of Jacob Bretholtz and upheld the Taxi Commission's decision to permanently bar him from receiving a taxi permit, voting 3-1 on the motion to deny the appeal.

Taxi Commission representatives told the board their deputy director conducted an undercover response-time survey on Dec. 5 that led to an altercation in a café and a series of subsequent threatening phone calls and visits. Taxi Commission Executive Director Heidi Machin described the December incident and said it was part of "a string of incidents" that led the commission to recommend revocation. Sergeant Ron Reynolds of the SFPD testified he led an investigation, described multiple prior incidents and said Bretholtz's behavior raised concerns for public safety.

Jacob Bretholtz, a disabled Vietnam veteran, disputed the account, saying he believed he was being scammed during a staged survey and that he repeatedly asked the surveyor for identification. Bretholtz told the board, "I did absolutely nothing to deserve this," and said some prior matters against him had been dismissed.

In deliberations commissioners emphasized the seriousness of the taxi commission's concerns and prior incidents. Commissioner Michael Garcia moved to deny the appeal and uphold the commission's decision; the motion passed 3-1 (President Knox dissenting). The board's action affirms the Taxi Commission's administrative finding and preserves its permanent bar on issuing Bretholtz a permit; the decision is administrative and distinct from any criminal process.