Judge Likely to Lift Ban on MTA Fare Hike : Courts: Jurist says he would rescind order as bias suit proceeds, but doesn’t say when. He would let the bus fees reach $1.35.

A federal judge said Thursday that he is leaning toward letting bus fares rise from $1.10 to $1.35 and retaining monthly bus passes--but at a higher price--while a lawsuit alleging that the Metropolitan Transportation Authority discriminates against poor and minority riders proceeds to trial.

In a case that is being watched closely by the nation’s transit agencies, Judge Terry J. Hatter Jr. indicated that he would lift the court order he issued Sept. 1 blocking the first fare increase in Los Angeles in six years--but he did not specify when.

“It would be my intention . . . to allow the fares to go to $1.35,” Hatter said. He said that he is also inclined to retain monthly passes but at a higher price of $60 or $65.

The passes, now $42, are popular because they save riders from fumbling for exact change and allow unlimited boardings. The MTA is also seeking to raise the fare on the Long Beach-to-Los Angeles Blue Line trolley from $1.10 to $2.35.

Hatter cited new information provided by the MTA that there are “extensive outlets” available for the purchase of 90-cent tokens, which can be used by riders in lieu of paying the higher fare. Tokens are available at 425 outlets, according to the MTA.

An attorney for the plaintiffs said the fare is likely to remain at the current level at least for several more weeks. A status conference on the case is set for Nov. 21.

Plaintiffs’ attorney Constance L. Rice of the NAACP Legal Defense and Educational Fund said she will argue that it is difficult for the bus riders to get to token sales outlets.

“If the tokens are truly available, lower the fare to 90 cents,” Rice said after Thursday’s hearing. “We’re talking about people who take an hour and a half bus ride to get to a minimum-wage job. They have to do their shopping on the bus. They’re going to take another trip to go buy some damn tokens?”

Maria Guardado, a Salvadoran immigrant and bus rider who is a plaintiff in the case, was among those sitting in the courtroom Thursday when Hatter indicated that he would let the fares go up.

“This is an injustice,” she said in Spanish after the hearing.

Rice called it outrageous that Metrolink commuters will receive a 25% holiday discount in December while the MTA is seeking to raise fares for poor bus riders. A Metrolink spokesman said the five-county rail agency is separate from the MTA, but the MTA provides 65% of Metrolink’s operating budget.

Regardless of whether the judge allows the fares to go up, the trial will proceed--most likely early next year--on the lawsuit accusing the MTA of discriminating against poor and minority bus riders to fund rail projects that largely benefit suburban white commuters.

In the meantime, lawyers for both sides in the case will conduct settlement talks. The plaintiffs plan to submit a proposal to the MTA next week seeking increased funding for the nation’s second-largest bus system.

At Thursday’s hearing, the MTA was represented by a new attorney from Mayor Richard Riordan’s old law firm, Riordan & McKinzie. Assistant County Counsel David B. Kelsey said he hired lawyer Kenneth Klein because of his expertise in similar cases. Klein will be paid $220 an hour. Riordan, who serves on the MTA board, no longer has an interest in the law firm.

The fare increase was authorized by the MTA board in July after a series of raucous public hearings, including one so fierce that transit police in riot gear were summoned. Transit officials said the increase would give the agency $40 million a year needed to balance its books.