AUGUSTA – Recent lawsuits filed in Massachusetts and Rhode Island assert that by charging different toll rates for residents and nonresidents, the states are violating the 14th Amendment of the U.S. Constitution, but Maine officials are confident in the constitutionality of their policies.

On March 20, Carol Surprenant of Rhode Island filed a class-action lawsuit against the Massachusetts Turnpike Authority and Massachusetts Port Authority in U.S. District court for offering discounts to members of certain Massachusetts communities, but charging more for out-of-state residents, according to court records.

About a week later, Isabel S. Cohen of Connecticut filed a similar suit against the Rhode Island Turnpike and Bridge Authority, which also has a residency requirement for its discount toll plans.

The same New York-based law firm, Stull, Stull and Brody, was listed as counsel for the plaintiffs on each suit.

According to the 14th Amendment, all citizens within a state’s jurisdiction are offered “equal protection” under that state’s laws. That means a resident cannot be treated differently from a nonresident committing the same action, such as driving on a toll road.

“We have no residency requirement (for E-Z Pass purchases),” said Dan Paradee, spokesman for the Maine Turnpike Authority.

Maine’s E-Z Pass system provides discounts for people who purchase their E-Z Pass in Maine, and additional discounts for people opting into a commuter program, which rewards frequent turnpike travel. However, those who purchase their E-Z Pass in a different state are not eligible for the same discounts, Paradee said.

“I think we’re OK, because anybody can get it,” said Paradee, who confirmed no such lawsuits had been filed in Maine.

Paradee said the turnpike authority often receives unsolicited advice that it should charge tourists more than local residents, but MTA attorneys have consistently cautioned against such policies.

But there are thoughtful alternatives states can use to achieve their desired goals, without causing a constitutional crisis.

Out-of-state drivers make up 37 percent of turnpike traffic but pay 52 percent of tolls, Paradee said.

“No question, the turnpike toll system is somewhat skewed to favor residents without violating commerce laws,” he said. “The E-Z Pass is open to everyone. About 90 percent who sign up for the Maine E-Z Pass are state residents, which allows us to give mostly Maine people a discount.”

David A. Darlington, chairman of the Rhode Island Turnpike and Bridge Authority’s board of directors, said internal lawyers gave the OK for that state’s toll price policy.

“We certainly had our attorneys look at issues that had been raised in the past and we determined this was an acceptable policy,” he said. “We believe the lawsuit is baseless and we will vigorously defend our policies.”

Peter Samuel, the editor of Toll Roads News, said the issue of charging out-of-state residents more than local residents comes up fairly frequently.

“It comes up all the time because toll authorities are under constant political pressure to help citizens within their states,” he said. “The general legal wisdom is that you can get away with it, as long as you allow outsiders to enroll and buy in and you don’t have a strict residency requirement.”

Samuel said Rhode Island is the first state to have a statewide residency requirement for discounts, and a handful of others offer localized discounts like Massachusetts does for communities surrounding the Ted Williams and Sumner tunnels.

“God knows you can’t predict courts, but I can’t see how (Rhode Island’s policy) will survive a constitutional challenge,” he said. “It would surprise everyone in the toll community.”

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