A commission said a taxi service can be offered

By Ramelle Bintz
rbintz@doorcountyadvocate.com

Visitors to Washington Island who don't want to take their cars across Death's Door on the ferry may be able to find a new transportation option next year.

The Wisconsin Commissioner of Railroads issued a final order Oct. 15 settling a dispute over passenger transportation and access between the Washington Island Ferry and the Washington Island Shuttle.

The commission ruled the ferry line must provide one taxi stall on its depot grounds for the shuttle service in exchange for reasonable compensation.

The decision is the result of a complaint filed in July 2008 by Keith Mann, owner of Mann's Mercantile and his taxi service, the Washington Island Shuttle. The Commissioner of Railroads has jurisdiction over water carriers.

Mann filed four complaints against the Washington Island Ferry alleging unreasonable rates, service and practices.

"The Washington Island Ferry Line has and continues to unreasonably discriminate against the Washington Island Shuttle LLC subjecting it to undue and unreasonable disadvantage by denying access to its depot grounds while allowing such access to the Cherry Train Tours," the ruling concluded. "Such practices harm the public convenience and impairs service to the general public."

The Washington Island Ferry recently purchased the Cherry Train Tours, which has operated from the ferry terminal since 1963. It provides a narrated tour and no unscheduled stops. Former Cherry Train Tours owner Ed Livingston, told the commission he considered operating a shuttle service but did not do so because it would compete against himself.

Mann alleged he loses some cab or shuttle customers because he cannot station his vehicle within the terminal dock. Visitors who do not bring their cars on the ferry and might want to use a cab must call from the Welcome Center, which is out of view of the ferry dock, to arrange a pick up. The shuttle is parked at Mann's Mercantile in the downtown area about three miles away.

"Our season is just about over. Our operation has been totally by phone call," Mann said. "I'm just happy the main complaint we went in for was decided in our favor."

Two of his complaints regarding the handling of UPS packages were dismissed and two others were the subjects of a hearing on May 7 by commission examiner Douglas Wood in Sturgeon Bay. He issued a finding Aug. 3 saying the ferry should allow access to the shuttle and wrote that he observed, "Relations between the principal parties are less than entirely cordial. The Office of the Commission of Railroads expects that the parties will implement this order in good faith. Failure to do so may result in modification of the order."

During a 30-day comment period ending Sept. 3, the ferry line, represented by attorney Randy Nesbitt, asked that comment be stricken from the record. But the commissioner said the statement was both accurate and pertinent.

Dick Purinton, president of the Washington Island, did not return a call for comment. Mann said he left a message for Purinton but as yet has not heard from him and no fees have been agreed upon. In 2007, the Cherry Train paid a lease fee to the ferry line of $675 per month from May through October.

Nesbitt asked for the order to be changed to allow Mann only non-exclusive access because there may be other potential taxi services that would want to use the depot grounds. He also asked that the shuttle be limited to a 12-passenger vehicle rather than a van with "under 16-person occupancy" because a commercial driver's license is required for a vehicle designed to transport a driver plus 15 or more passengers. Mann said his van holds 15 passengers, including the driver.

The commissioner amended the order specifying Mann's vehicle needs to transport the driver and 14 or fewer passengers. It gave Mann exclusive use, saying there was no evidence that anyone else wants to give taxi service on the island.

On the remaining complaint, the commissioner ruled in favor of the ferry on providing adequate facilities and equipment to store and handle Mann's and all other freight. Mann said he would not appeal the decision. The issue with UPS delivering packages on the island is still in negotiations with that carrier, he said.