"price gouging" laws almost always have an emergency component, that is the only thing that makes them remotely Constitutional. They also generally apply only to items considered necessary for survival; ie food, water, gasoline in a quantity you might be using to travel out of a disaster area, etc.
Uber probably could be prevented from using surge pricing or prosecuted for it where they to do it in the middle of hurricane or something. "The local sports team just finished playing" isn't an emergency. So its not illegal at all. I don't know what it is about Slashdot that seems to make people asume anything they don't like must be someone getting away with a crime.
Surge pricing is a good thing!
Drivers are a resource like any other. People have lives etc, and most can't just hit the road because the cost of rides has gone up. Overtime though I am sure that people who want to do Uber as more than just a hobby can and do observe when prices are highest and re-arrange their activities so they can be driving at those times. That is a process that probably happens over months though not, moments. Its just simple supply and demand and its how the market should operate. If you want a ride so bad at the same moment everyone else does you should be willing to pay! If you time is so valuable you can't hang out for a couple hours for the rush to die down, than you ought to pay someone who is trying to earn a living driving for the privilege of immediate transportation. If you are unwilling to pay that driver deserves the change to sell their services to someone who is!
People who complain about it pretty much are crying that they can no longer take advantage of livery drivers not having good information about the market and being able to revalue their services accordingly. They are just use to drivers having no choice but to set a price the market will usually support and missing the opportunity to earn more at peak times. So I say shut the fuck up if you have enough money to pay someone to drive your ass around you have enough money to pay them what it worth at that time. Otherwise wait, walk, take public transit, drive your own vehicle, etc.