Should Voters Decide on Commuter Tax? Fenty Thinks So

WASHINGTON (AP) - Attempts to impose a commuter tax in the nation's capital have taken a new turn.

An appeals court rejected the District of Columbia's efforts earlier this month, but D.C. Council member Adrian Fenty introduced legislation Tuesday to hold a referendum on the matter.

Fenty, D-Ward 4, said if district voters approve, it would amend the city charter, removing the commuter tax restriction Congress put in when it granted the city home rule in 1973.

"Citizens have the right to vote to change the charter," said Fenty, who is also running for mayor in next year's primary. But he acknowledged if the referendum passes, it still must be sent to Congress for approval - like all district laws - before it is enacted.

Even so, Fenty believes there is value placing the issue before Congress. He said lawmakers would think twice before rejecting an idea passed by thousands of district voters.

"Can you imagine letting citizens vote in Baghdad and not D.C.?" Fenty asked. "You can't celebrate democracy in another country at the same time it's being rejected at home."

An estimated 500,000 workers pour into the city each weekday, then return to homes elsewhere. Most commute to the Virginia and Maryland suburbs, though some travel as far as West Virginia and Pennsylvania. Commuter tax proponents argue city residents must unfairly pay more taxes to cover the costs of services commuters use.

On Nov. 4, the U.S. Court of Appeals unanimously upheld a lower court's decision to throw out a case challenging the congressional ban on a D.C. commuter tax. Both courts cited Congress's authority over the District of Columbia.

Mayor Tony Williams, who was a party to the suit, favors a commuter tax, but his spokeswoman, Sharon Gang, said the mayor has serious concerns with Fenty's approach. Williams has said his administration is looking at its options.

Nine of 13 D.C. Council members support the measure. If approved, the goal is to have it on the ballot in November 2006.

(Copyright 2005 by The Associated Press. All Rights Reserved.)