The NYC cab driver who REFUSED to allow Kenny Smith into his taxi DID NOT racially profile the former NBA star ... so says the government agency who oversees the drivers.
TMZ Sports sent the clip -- which shows Smith being refused service by a yellow cab driver on Tuesday afternoon -- to the Taxi & Limousine Commission.
Some people -- including Rev. Al Sharpton -- suggested Smith was denied 'cause he's black ... an offense that would not only violate taxi regulations ... but U.S. law.
Using the video, the TLC identified the taxi, and investigated why Smith wasn't allowed in the cab.
A rep for the organization tells us the denial had NOTHING to do with Smith's race ... the driver was simply trying to go home.
"We've been able to confirm that he had just dropped off his last passenger, and did indeed then go off duty. He had no further pickups."
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