July 9, 2013

80's Pop Song Makes It Into Supreme Court Decision

American Trucking Association, Inc v. City of Los Angeles, No. 11–798 (U.S. June 13, 2013).

The issue before the Supreme Court was whether certain requirements implemented by the Port of Los Angeles (CA) were pre-empted by federal law, the Federal Aviation Administration Authorization Act of 1994.  The local regulation required a company to affix a placard on each truck with a phone number for reporting concerns, and to submit a plan listing off-street parking locations for each truck  The Supreme Court held that the the federal law pre-empted the local regulation.

What has this got to do with music?  In delivering the opinion of the Court, Justice Kagen wrote (at p. 2 of the slip opinion):
...a company may transport cargo at the Port in exchange for complying with various requirements. The two directly at issue here compel the company to (1) affix a placard on each truck with a phone number for reporting environmental or safety concerns (You’ve seen the type: “How am I driving? 213–867–5309”) and (2) submit a plan listing off-street parking locations for each truck when not in service.  [Emphasis added].

That phone number, of course, is from Tommy Tutone's classic 1980s one-hit wonder "867-5309/Jenny".