SEATTLE A decision by the Federal Transit Administration to allow Seattles public transit agency to continue providing shuttles for Seattle Mariner baseball games -- even though a private carrier is willing and able to handle the work -- has touched off a firestorm that could wind up in court.

While FTA Administrator James S. Simpson acknowledges the shuttles meet the definition of charters under his agencys new charter service rule, he granted permission for King County Metro Transit to run the service for the remainder of the baseball season and into the playoffs -- if the team plays in them.

His reason? A private operator and the baseball team were unable to reach an agreement for the shuttles.

"It also appears that, given the positions staked out by the parties, the deterioration of the relationships of the parties and the short time frame in which to try to salvage this seasons transportation needs, no agreement will be reached," Simpson wrote in his official decision. "This leaves Mariners fans and King County Metro customers without service."

Gladys Gillis of Starline Transportation in Seattle blamed the failure of the negotiations on the Mariners, contending the team had its mind made up at the outset of the talks that it wanted the transit agency to handle the shuttles and it did not want a private company involved.

"There was tremendous resistance to change from the Mariners," she said. "It was very disappointing."

King County Metro, which has operated the shuttles for years, sought an exemption to the new charter service rule this year so it could continue providing the bus service during the current baseball season.

The FTA granted the agency a 60-day exemption so private operators interested in taking over the operation would have an opportunity to negotiate a contract with the team.

When those talks failed, Simpson said he extended King County Metros exemption through the remainder of the season because he feared the public would be left without service.

Gillis said she believes the transit agency and the baseball team worked together to sour the talks, including telling the FTA that Starline could not provide buses for the shuttles that could accommodate the disabled.

"All of the buses we were to use were handicapped equipped," she stressed.

Additionally, she said the Mariners dragged their feet and did not show much interest in the talks until a week before the 60-day extension was to expire, making it even more difficult to put together an agreement.

She indicated Simpson might have been able to help with the negotiations by bringing all of the parties the Mariners, King County Metro and Starline together. Instead, he only would meet with the transit agency and the team together, and Starline separately.

"I was not even allowed to attend the meeting he had with Metro and the team," she said.

Gillis said that allowing King County Metro to continue to operate the shuttle means taxpayers will continue to subsidize the operation and the transporting of fans to Mariner games.

She said the shuttle contract with the team for a full season is worth about $550,000 and involves a dozen buses. The team pays $150,000 toward the cost and passengers add some revenue by paying $3 each to ride.

"Taxpayers pay the rest and they dont even know it," she noted.

Ken Presley, vice president of the United Motorcoach Association and a charter service rules watchdog for the industry, said his experience with the FTA and the old and new charter rule kept him from being surprised at the decision.

"If you compared bus operators to firemen right now, the plain and simple truth is the regulators and politicians have been poking holes in our hoses for two decades," he said. "Recognizing they may have single handedly nearly eradicated the local charter industry, they rolled out a revised rule only to find the fire problem is larger than they ever anticipated and seems to keep getting larger."

Presley noted that the same people who poked the holes in the hoses or rules are now complaining that the private bus and motorcoach industry is having trouble putting out the fire or negotiating for the business.

He said it is a near certainty that UMA will challenge the FTA administrators decision through the judicial process. "It is sad, however, that we must channel our critical time and financial resources towards an issue that was essentially resolved April 30, 2008 (the day the new charter service rule became effective)."

Meantime, Gillis said she hasnt given up on the baseball shuttles and is eying the 2009 season.

Additionally, she said she plans to try to build a better relationship with the FTA and as a first step will invite Simpson to a Northwest Bus Association meeting in October.