Uber Driver Who Booted Kissing Women May Drive Again, Judge Says

EAST VILLAGE, NY — An Uber driver who kicked a kissing lesbian couple out of his cab and was banned by the city's Taxi and Limousine Commission should be allowed back on New York City's road, according to a judge's decision reported by the New York Post.

The June 9 incident made national headlines after video showed driver Ahmad El Boutari demand couple Alex Iovine, 26, and Emma Pitchel, 24, leave his car, calling their behavior "illegal" and "disrespectful."

The couple, who were headed from a bar in Gowanus to the East Village, said they shared a "peck" on the lips that sent the driver into a homophobic rage. Two days later, the city's Taxi and Limousine Commission suspended El Boutari's taxi license.

But a judge did not find enough evidence to support the couple's complaint.

“[The Taxi and Limousine Commission] has provided no evidence that this refusal of continued service was based on the sexual orientation of these passengers,” wrote judge Joycelyn McGeachy-Kuls in a July 9 decision, the Post reported.

“[El Boutari] credibly testified that he asked the complainants to get out of his car because their conduct violated Uber’s policy prohibiting sexual contact between passengers.”

The cabbie testified that he asked the women to stop fooling around in the back seat, claiming their behavior went beyond a quick kiss on the lips. The video backed up El Boutari's claim where he is heard saying, "I said the first time don't do it."

“It seems unlikely that [El Boutari] would notice a brief ‘peck kiss’ through his rearview mirror as he was driving in New York City. It seems unlikely that this ‘peck kiss’ alone would cause him to ask the passengers to get out of his car,” wrote McGeachy-Kuls, the newspaper reported.

“It is also unlikely that [El Boutari] would give up a fare and potentially risk receiving a bad Uber rating for something as mild as a ‘peck kiss.'”

The judge also pointed out inconsistencies in Iovine's story, noting that she initially testified that the driver was yelling and had grabbed Pichl's arm, but later acknowledged that he did not raise his voice and had not grabbed her girlfriend's arm, reported the Post.

Ultimately, the city's Taxi and Limousine Commission will decide if the driver will be allowed back on the road. The commission is reviewing McGeachy-Kuls' decision, but in the meantime El Boutari's license remains suspended.

Before the Commission makes a final decision, El Boutari will be given a chance to respond to the Office of Administrative Trials and Hearing's ruling. If the city rules against him, he can appeal the decision, a spokeswoman with the Taxi and Limousine Commission told Patch.

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