Western Railroad Discussion > Handcars get Federal Injunction to keep operating.

Hey guys,

I know a lot of you follow our Handcar business in Monterey County.  US Northern District Court issued a preliminary injunction to allow our business, the Museum of Handcar Technology to keep operating over the Monterey Branch Line while our civil rights lawsuit proceeds through the courts.  In addition, the court dismissed a motion by the Transportation Agency of Monterey County to have our lawsuit thrown out. While TAMC can proceed through the unlawful detainer process, the order prohibits them from evicting us as long as the federal order is in place.  We also have a separate action against the California Transportation Commission concerning the illegality of removing a railroad purchased with voter approved state proposition 116 money that was intended for rail.  For now the Monterey Branch Line survives while the Surf bus road is stuck in troubled financial and legal waters.  

If you want to read some interesting reading visit our handcar web site and read through the preliminary injunction:
https://handcar.com/wp-content/uploads/2025/04/MHCT-Order-Granting-Preliminary-Injunction-in-Part.pdf

For those willing to read through the entire document you will feel for what Mason and I have been through the past year with this agency.  The judge is not a pushover and it means a lot to us to see a judge systematically sort through evidence and see through the bull.

 

Todd Clark
Canyon Country, CA
Trainorders.com

YAY! So happy for you guys!

Fight the power, man!

JG

Read it.  
Take aways.....
1.   Injunction against TAMC granted due to their refusal to grant a lease to the city, mostly based on desire for retaliation against the Handcar museum.    TAMC claimed that lease needed to be terminated bc constrution of busway was imminent.   Investigation showed that that funding and construction was not imminent, and recordings of TAMC members revealed that they were indeed retaliating against the Handcar museum, for giving the TAMC a hard time, and showing that the funds for their bus project were intended, in writing, for a rail project.

2. The injunction can still be lifted, if /when the TAMC can show that funding for the busway is in place and that construction is imminent.

3. Still to be discussed, but not on the table yet...can the Monterey Branch be used for a bus line.    the TAMC and its backers will say that the intent of the original funding was for transfortation, and that it can be shifted from "rail" to "Bus" .    The TAMC could also apply to the state for separate funding for a bus way, with the original funding to be returned to the state, and the state forking over new monies.   Whether or not this can be done without voter approval, IDK. 

4. if todd and mason had not intervened to hold the TAMC's feet to the fire on the written letter of the original rail funding proposition, the rail would be out by now, and the busway a done deal.    Not following the law on the local level is pretty common.  If no one objects, the parttime officials at the local level just do what they want.   Many times they dont even know the law. 
It takes a lot of effort to take the local officials to court and make them face the law, so cudos to Todd and Mason.

5. At this point, the best thing that could happen would be
   a) governor newsome decides to step aside and take his foot off the scale.
   b) some of the TAMC members leave and new folks come in.
   c) Upon revisiting the busway request, if funded and shovel ready, the court decides that the busway is not enough in the public's interest, to warrant causing harm to the handcar museum. 

Good Luck Todd and Mason.



Edited 1 time(s). Last edit at 04/15/25 22:08 by pdt.

Congrats on your victory.  Keep on trucking as we're all rooting for you.

Nick Tharalson,
Marion, IA



Edited 1 time(s). Last edit at 04/16/25 07:34 by ntharalson.

Good for you Todd! I passed through Marina on Sunday and was looking to see if the operation was open. 

Keep up the good fight!!!

Dave

kilroydiver Wrote:
-------------------------------------------------------
> Good for you Todd! I passed through Marina on
> Sunday and was looking to see if the operation was
> open. 

We have been only open on Saturdays because of staffing shortages. I did not want to hire any staff considering our precarious situation that has been resolved for the time being. We'll start opening on Sundays soon.  Our Saturdays have been sold out solid for the past month. 

 

Todd Clark
Canyon Country, CA
Trainorders.com

Bravo!  
Keep up the fight!

Glad to hear the good news!

Larry

Mason is literally a poster child for what you can accomplish with a mechanical engineering degree from CalPoly Pomona.  These posters are hanging throughout the campus hallways.
 

Todd Clark
Canyon Country, CA
Trainorders.com

---

You know what would be cool is if one of the investigative news shows like "60 Minutes" picked up this story.  Media attention to this story would be great!

I say 'Bravo!' to both of you.

-John

When you give a little government agency a little power, it goes to their heads.    Have seen it, and spoken up to it several times. 
Besides, who needs another under-used bus route with electric vehicles?
Congratulations on standing up to them.

 

The bigger problem I see is the lack of local journalism to hold agencies in check. I spent a considerable amount of efforts investigating the past practices of Monterey County Government and my takeaway is the citizens use to be much more involved keeping the government in check. There was constant reporting in the local press whenever agencies crossed the line and people paid attention, specifically newspaper publishing. With the downfall of local journalism these agencies go unchecked.

Todd Clark
Canyon Country, CA
Trainorders.com

webmaster Wrote:
-------------------------------------------------------
> Mason is literally a poster child for what you can
> accomplish with a mechanical engineering degree
> from CalPoly Pomona.  These posters are hanging
> throughout the campus hallways.
>
Good for Mason (and his Dad).  Hats off to Mason for getting a fine education and putting it to good use long before graduation!  I join the crowd here on TO who are rooting for you.

JCL

This has been a very intriguing saga Todd! Good for you and others who are fighting those politicians who think they can just do as they please and not care how they spend our taxpayer money that WE pay.
Things seem to be turning around against them all over the country lately.
In Southern California, the LA times reporters (and editor) have done an about face from thier usual liberal leanings and cover ups.
They are publishing a deep investigation into why none of LA city government has answered any questions about who is responsible for all the bad decisions leading up the fire disaster.
Things also seem to be turning around for the better in San Francisco too.
Hope this trend catches on for you guys and your story here, would be a great "David vs Goliath" story for some reporter or publication to do!

Jim Baker
Riverside, CA



Edited 1 time(s). Last edit at 04/16/25 09:56 by RailRat.

Cheering for you and Mason! Hoping for continued success!
You are absolutely correct about the slow death of local journalism and a corresponding increase in local government to operate without any real checks and balances. 

webmaster Wrote:
-------------------------------------------------------
> The bigger problem I see is the lack of local
> journalism to hold agencies in check. I spent a
> considerable amount of efforts investigating the
> past practices of Monterey County Government and
> my takeaway is the citizens use to be much more
> involved keeping the government in check. 

And because The Fourth Estate has been weakened and not just at the local level, they can't use their power to protect small groups and individuals, hence TAMC's brash attempt at retaliation against you, not fearing bad media publicity.

I'm happy to see that you can continue your handcar operation. Great job fighting back. Don't think the fight is over, but whatever happens, I'm waiting to laugh at the busway project if they dare to go forward with it.

webmaster Wrote:
-------------------------------------------------------
> The bigger problem I see is the lack of local
> journalism to hold agencies in check. I spent a
> considerable amount of efforts investigating the
> past practices of Monterey County Government and
> my takeaway is the citizens use to be much more
> involved keeping the government in check. There
> was constant reporting in the local press whenever
> agencies crossed the line and people paid
> attention, specifically newspaper publishing. With
> the downfall of local journalism these agencies go
> unchecked.

My feeling is that, in general, today's America is looking at the news like it's a F@#%#$g Netflix series.

So happy for you all that things are turning out this way. Well done, and kudos for fighting the fight.

And your comments on the demise of local journalism are spot on. I worked for some time for a major media company with a fleet of smaller local newspapers, and I managed their IT resources. I saw at close hand what a constructive difference they made to their communities. Several of the properties I supported were in California, although none in your business' area. They would have been all over this story and seen right through the bureaucracy's efforts.

Congrats again for the success of your efforts.

MC

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