Board of Appeals upholds Taxi Commission revocation of driver permit

The San Francisco Board of Appeals on a unanimous vote upheld the Taxi Commission’s decision to revoke Ishiyak Bokari’s driver’s permit, rejecting a 2003 appeal that argued the commission relied on hearsay and had applied excessive discipline.

Deputy city attorney Tom Owen told the board the Taxi Commission’s action was aimed at protecting the public. “This isn’t about punishing mister Bakari. This is about protecting the public,” Owen said, summarizing the commission’s imperative to regulate drivers who transport strangers.

Attorney Sherry Gendelman, representing Bokari, asked the board to set aside the revocation, arguing the commission’s decision rested on hearsay and that a less-disruptive sanction — probation and counseling — would be appropriate given Bokari’s court-ordered counseling and time without further incidents.

Commissioners discussed whether the administrative revocation was disproportionate to the criminal disposition. Several commissioners noted Bokari had entered a no-contest plea to a misdemeanor battery offense and that the criminal record and the police report were persuasive evidence. Commissioner Holmes (speaking in deliberations) said the no-contest plea and corroborating material supported the commission’s action.

After discussion, Commissioner Garcia moved to deny the appeal and uphold the revocation; the motion carried 5–0 with President Fung, Vice President Knox, Commissioner Albright and Commissioner Holland joining the vote. The board left in place the Taxi Commission’s revocation of Bokari’s driver’s permit; the decision does not bar Bokari from applying for a new permit in the future under the code’s standards for good moral character.