Is the International Bridge breaking the law?

The following are further excerpts from a letter written to Spencer Nebel by Francis "Bud" Mansfield, a member of the JIBA board:

More from Bud Mansfield

"We cannot deliberately operate at a deficit nor can we ignore the deteriorating condition of the structure. You seem to have overlooked the reality of our present declining traffic, which along with the unsettled international status, is rapidly depleting our reserves."

"The IBA and JIBA have attempted to initiate every possible economy measure before considering raising tolls, an action which obviously would further reduce traffic."

"I am particularly disturbed by the suggestion that some 'legal ... strategy' may be implemented to force the Authority to subsidize the bus."

"The last thing that anyone needs is to throw money away by fighting a frivolous lawsuit."

"It was a disservice to give the many recipients of your letter the impression that the law requires the Authority to provide bus service when that just is not so."

"I must admit that, as a residemt of Sault Ste. Marie, I am particularly sympathetic to the continuation of the bridge bus but my reasons for support were not addressed in your letter. I (and for that matter, all of the Authority memebers) truly take our duties seriously even though we are not paid, regardless of your implications. During these troubled times, I have a hard time believing that anyone would suggest that we spend money that we don't have, simply because the amount is a small percentage of the total bridge budget."

"Regardless of what the JIBA's final action is, I can assure you that I will not support your position simply because of an implied threat. However, you can be assured that, as a member of the JIBA board, I will continue to seek methods within the requirements of my position, to fulfill all of my responsibilities, whether legal or moral."

The position of the Sault, Ontario legal department

The following are excerpts from a legal opinion drafted by Nuala Kenny, assistant city solicitor for the City of Sault Ste. Marie, Ontario:

"I have reviewed the letter provided by the Sault Ste. Marie, Michigan Manager, Spencer Nebel and the attachments thereto."

"To summarize, it is Mr. Nebel's position that the Joint International Bridge Authority is required to meet the needs of pedestrians through a reasonably priced bus system operating on the International Bridge."

"With respect, after reviewing the documents it is my opinion that Mr. Nebel's position is an overstatement of JIBA's obligations."

"Michigan Act 99, of 1954, authorizes JIBA's acquisition of a bus system from Michigan to Ontario. It does not require the acquisition."

"Similarly, the Act incorporating St. Mary's River Bridge Company lists the company's powers. It states that the company may acquire, maintain and operate buses on the International Bridge."

"Again this is not a mandatory obligation .... All of these sections are permissive and not mandatory."

"Clearly legislation relating to the Joint International Bridge Authority authorizes bus transportation. However, I do not think it is accurate to state that there is any legislative requirement for JIBA to provide bus transportation."

What JIBA is saying

The following are excerpts from a letter written to Spencer Nebel by Phillip Becker, general manager of the International Bridge Administration:

"The Joint International Bridge Authority met on February 7, 2003 and discussed the bridge bus issue."

"The board concurred with the facts and position as represented in Member Mansfield's January 16, 2003 response letter (the last two paragraphs excepted)."

"Once again it was emphasized by legal counsel for the International Bridge Administration and the St. Mary's River Bridge Company present at the meeting, that all the references to legal obligation that you cited, are in fact, to laws that make the bus operation permissive and not mandatory."

"JIBA board member James McIntyre will contact City of Sault Ste. Marie, Ontario officials to discuss subsidy options in the hope progress can be made to extend the April 1st bridge bus subsidy deadline to allow for uninterrupted bus operation."

"Once again the Joint International Bridge Authority requests the support of the City of Sault Ste. Marie, Michigan in International Bridge Adminstration efforts to facilitate uninterrupted, equitably subsidized and fairly priced bus service across the International Bridge."

What happens now?

As SooToday.com reported on March 10, the International Bridge Authority has agreed to continue subsidizing the bridge bus until June 1, as the Twin Saults and Lake Superior State University continue to seek a solution.

At the City of Sault, Michigan, Spencer Nebel remains unconvinced by any of the above.

"It remains my opinion that it was clearly the intent of the International Bridge to meet pedestrian needs as well as vehicular needs at the time the bridge was first established," he says.

"I believe there is at least a moral requirement and perhaps a legal requirement for the Bridge Authority to continue meeting this need."

Nebel believes the strongest legal argument for continuation of the bridge bus can be found in the 1955 Canadian Act to Incorporate St. Mary's River Bridge Company.

The preamble to the act describes the purpose of the new company as "constructing, maintaining and operating a bridge or tunnel" for "vehicular, pedestrian and other traffic purposes, and to do all such things as are incidental or conducive to the attainment of these objects."

Any litigation over cancellation of the bridge bus is most likely to be launched on the Canadian side of the border.

SooToday.com background articles

Bridge Bus change may be illegal, City Manager says Bridge officials to review bus currency switch Authorities back down on Bridge Bus plan Authorities review Bridge Bus schedule for 'efficiencies' Bridge bus will be axed by April 1 Sault, Michigan politicians fight to save bridge bus Bridge Authority offers to waive tolls for bus Michigan Soo may sue over bridge bus Bridge bus gets a two-month reprieve

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