Paul Hammel
LINCOLN — A member of the Nebraska Public Service Commission, a former Omaha police officer, is calling for tougher enforcement of illegal “ride services” following an alleged sexual assault of a customer.
Christian Mirch, who represents the Omaha area on the commission, said a rape reported recently in Saunders County points up a need for greater scrutiny of such services. Mirch said the recent reported assault might have been prevented by tougher enforcement.
“They’re supposed to fall under our regulations,” he said of the ride services. “It’s really to make sure the public is safe and there’s adequate liability insurance.”
Under state law, entities that transport passengers are required to obtain an authority to operate from the Public Service Commission. A $300 fee and liability insurance of at least $500,000 is required. “Transportation network companies,” such as Uber, are required to register as a company and must meet several requirements for liability insurance and criminal background checks of drivers.
A spokeswoman for the Public Service Commission, in response to questions from the Examiner, said the agency does investigate complaints but must “physically witness” an illegal ride service in action to issue a citation.
Since January 2019, 206 informal complaint investigations have been initiated by the PSC’s Transportation Department, which deals with taxi cabs, Ubers and ride services. Of those, 79 complaints dealt with alleged illegal operators, according to Deb Collins of the PSC.
Warnings issued first
Entities in non-compliance are typically sent give a warning, either written or verbal, Collins said, and those suspected of operating without proper authority are sent a “cease and desist” letter.
She said that investigators have been able, since 2019, to take formal action in six cases, with two others referred to a county attorney for possible action.
Mirch said that it hasn’t been enough. He said the PSC has two sworn investigators who should be cracking down, particularly in cases like the one in Saunders County that involved a victim who was a recent immigrant from Honduras.
Criminals are able to target “vulnerable populations,” he said, if they think nothing will happen to them.
Rides advertised on Facebook
In the Saunders County case, a 35-year-old female told investigators that she had arranged a ride to a grocery store in Fremont about 4 p.m. on Nov. 19 through a man she knew as Kevin Juarez Orellano, who advertised his ride service on Facebook.
But instead of a ride to the grocery store, Orellano — who also goes by the name Jose Arrelano — drove across the Platte River into Saunders County, where he parked on a country road and sexually assaulted his rider, according to court records.
Arrelano, 29, now stands charged with first-degree sexual assault.
The victim didn’t report the assault until a month later, the arrest affidavit stated, out of fear that the assailant would harm her daughter.
In February, the affidavit said the victim made a recorded call to her assailant on the pretext of arranging a ride for a relative.
She then confronted Arrelano about the sexual assault. His response: “It’s over…. We have to leave it behind.” He was arrested shortly thereafter.
Ride services not uncommon
Such ride services are not uncommon in immigrant communities, according to Maria Arriaga, executive director of the Nebraska Commission on Latino-Americans.
“You come here starting from zero,” she said, and some immigrants don’t know how to drive or cannot obtain a driver’s license.
“In the Midwest, you need a car to go anywhere,” Arriaga said.
Most ride services are informal, she said. Someone, for example, will arrange for a friend or acquaintance to pick up a child from school or give them a ride to do shopping.
Arriaga said she had not heard of the alleged assault in Saunders County but can see the potential risk. She added that her commission provides help for victims of such crimes.
Don’t take rides from strangers
“It’s not recommended to get into a car of a stranger under any circumstance,” Arriaga said.
Mirch said that in his experience, an investigator doesn’t need to personally witness a violation but only needs to develop “probable casue” of a violation and then let a prosecutor decide.
PSC investigators, in his opinion, need to spend more time “in the field” probing complaints.