Teamsters’ Rally Draws 450 Outside SF Courthouse

The Teamsters Union argued in the 9th Circuit Court of Appeals February 12 that the Bush administration broke the law when it opened the borders to trucks from Mexico in September. Before the hearing, 450 Teamsters and supporters rallied outside the courthouse. They waved “Keep U.S. Highways Safe” and “NAFTA Kills” signs as seven Teamster trucks circled the block, blaring their air horns. Passing cars, trucks and buses honked their horns in support.

The Teamsters, represented by Altshuler Berzon LLP, had filed for an emergency injunction to prevent a pilot program that allowed the southern border to be opened to long-haul trucks from starting in August. The request was denied but the lawsuit was allowed to proceed. Congress had set safety requirements for the pilot program—including upgrading inspection facilities, computer databases and state enforcement capacity—but the requirements have not been met, according to the Transportation Department’s own inspector general.

The Transportation Department nonetheless opened the border as part of a pilot program on September 6. A handful of trucking companies are now participating in the program. Congress passed another law in December that cut off funds for the program. The Teamsters argued in court that Transportation Secretary Mary Peters broke the law when she announced she would not close the border.
“The ink hadn’t even dried on the action taken by Congress when Mary Peters authorized this pilot cross-border trucking program,” said Chuck Mack, Teamsters Vice President. “Its amazing what the Bush administration is trying to get away with in the last few months they have left in office.”
“NAFTA Kills”

A family member of victims of an accident caused by a Mexican truck spoke at the rally. David Jennings lost his mother, father and son after the truck suffered a catastrophic drive train failure—something that could have been prevented had the truck been properly inspected at the San Diego border station.

“NAFTA has already compromised our jobs,” he said from the flatbed truck parked outside the court. “NAFTA has already compromised our environment. Now it’s being pushed to compromise our lives.
“I can tell you that the only reason President Bush, Mary Peters and their cohorts are pushing this agenda is because of big money and, most importantly, because none of them have felt the deep pain that those of us who have lost a loved one as a result of an accident with an unsafe Mexican truck,” Jennings said. “I can assure you that if they had, they would not and could not allow this to happen!”

Sierra Club Deputy Executive Director Bruce Hamilton.

Also speaking at the rally was Bruce Hamilton, the Deputy Executive Director of the Sierra Club, the country’s oldest and largest grassroots environmental organization, which joined the lawsuit. Hamilton noted that, “More than 80 percent of commercial trucks in Mexico have engines over ten years old, and most were manufactured before 1993 regulations took effect. On average, trucks registered in Mexico spew 150 percent more smog-forming pollution and 200 percent more particulate matter than U.S. trucks. Particulate matter causes increases in cancer, a range of respiratory illnesses and premature death. According to the Commission for Environmental Cooperation, this pollution is making children sick along the U.S.-Mexico border.”

Hamilton pointed out that trucks registered in Mexico are currently limited to a 20-mile buffer zone in the United States. He said the Sierra Club supports Mexico’s efforts to address its environmental regulations and enforcement but the United States should not welcome polluting trucks into our communities. “Congress agrees, but the Bush Administration continues to run roughshod over U.S. laws, threatening our children’s health and our environment,” he said. “The Bush administration is trying to ignore the impacts of tens of thousands of polluting trucks on millions of Americans. The concentration of NAFTA factories and traffic along the U.S./Mexico border means that many cities are already out of Clean Air Act compliance, and this truck program would only make things worse.
“Until Congress can assure that any vehicles entering the United States meet the same environmental and safety requirements as domestic vehicles, we must oppose this program. Truly fair and responsible trade—and the nation’s health and well being—require no less.”

Tony Gonzalez, Secretary-Treasurer of Teamsters Local 890 in Salinas, said that Mexican truckers oppose the program as well. “They fear it will destroy the trucking industry there,” he said.
The Teamsters now awaits a decision from the Court of Appeals on the legality of the Bush administration’s cross-border truck pilot program. The three-judge panel questioned attorneys for the Teamsters, the U.S. Department of Transportation and the Owner-Operators Independent Drivers Association, who joined the Teamsters in the lawsuit.

“I’m counting on the judges to prevent the Bush administration from shredding the Constitution and endangering the driving public with this reckless, lawless pilot program,” said Teamsters General President James Hoffa.