By Jessica Hills/Daily News Correspondent
Posted Jul 29, 2009 @ 12:01 AM

Richard Brehm said the Massachusetts Turnpike is more than just the route he takes to and from work every day. As a courier, Brehm travels the Pike all day long.

"It's more than a commute because I drive for a living," the Waltham resident said yesterday. Brehm estimates that he spends $50 weekly on tolls, said.

Unlike Brehm, Tom Scanlon, who lives and works in Waltham, takes back roads to avoid tolls as much as possible. Scanlon says he spends about $50 a year on tolls.

Brehm and Scanlon are two of the 46 Waltham residents who have joined the Massachusetts Turnpike Toll Equity Trust. On May 8, the group filed a class action lawsuit against the Massachusetts Turnpike Authority.

The Trust filed the suit "over the unconstitutional and unfair misappropriation of up to 58 percent of each dollar of our toll monies going to pay for Big Dig debt," according to its Web site.

Brehm said when heard about the Toll Equity Trust on the news about a month ago, he immediately went to its Web site, www.tollequitytrust.com, and joined.

"Just the fact that the Turnpike has been taking funds away from the road itself and using the toll money to pay off other projects, which is blatantly illegal, kind of ruffled my feathers," he said.

Even though Scanlon doesn't frequently use the Pike, he has friends who pay tolls on a regular basis.

"If you work downtown (Boston) ... you're stuck paying that fee every day. They have to get downtown in a timely manner," he said.

With about 2,000 members from 21 states and over 200 cities and towns total, the Toll Equity Trust includes 63 drivers from Newton, according to its press release.

Jan Schlichtmann, lead attorney for the lawsuit, known for the book and movie, "A Civil Action," said the issue largely affects residents of those cities and towns.

"First of all, they're heavy users of the Turnpike, and it's crucial to them that they be treated fairly as users," Schlichtmann said. "Number two, folks in Waltham have a strong interest in having honest government and being treated in an honest and respectful way."

Schlichtmann held a press conference yesterday at the State House. Afterwards he said the Tax Equity Trust, state treasurer Tim Cahill, Gov. Deval Patick's office, the Turnpike Authority and the Legislature must reach a consensus that "it's wrong to force taxpayers to subsidize the Big Dig."

"There's no reason to fight anymore, we're all united in knowing this is wrong, let's now figure out the best way to solve this," he said.

The Trust is a way for toll payers to voice their concerns and opinions during the decision-making process, he said. "The solution must be transparent, fair and equitable."

Last month, Gov. Patrick signed a transportation reform bill that is supposed to guarantee toll equity. It will also dissolve the Massachusetts Turnpike Authority, shifting its responsibilities to the state.

"I'd like the Turnpike Authority dissolved ... it's just inefficient," Scanlon said. "I just don't like tolls. I don't like them anywhere."

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