Detroit – Labeling of tires to maintain the parking rules is to enter property without a keyword, a federal court said on Monday as it declared practice unconstitutional in Michigan and three other states.
Alison Taylor had received more than a dozen $ 15 tickets to exceed two hours of parking in Saginaw. The city notices tires with chalk to keep track of how long a vehicle is parked. Her lawyer argued that a parking patrol violated the fourth amendment against unreasonable searches.
A three judge panel of appeal court agreed.
The purpose of labeling tires was to "raise revenue" so as not to protect the public against a security risk, the 6th US circuit law said.
"The city does not show, in law or logic, that the need to discourage drivers from exceeding the time allowed for parking ̵
The decision sets a new standard for Michigan, Ohio, Kentucky, and Tennessee, the 6th Circuit States, the court twisting an opinion of the US district director Thomas Ludington, who had called the legal theory "oorthodoxa" and dismissed the case in favor of Saginaw.
Saginaw's chief executive did not immediately respond to a message seeking comments
Taylor's lawyer, Philip Ellison, began investigating the issue when another lawyer complained that his tires were being labeled while he was in his Car. It is obviously a common practice in central Saginaw, where there are no meters to enforce deadlines.
"Much of the my exercise represents everyday life, "Ellison said.
He claimed that the brand tires were similar to the police secretly putting a GPS unit on a vehicle without a proper warranty, which was the subject of a US Supreme Court judgment in 2012.
"We don't think everyone deserves free parking," Ellison for the Associated Press. "But the process that Saginaw has chosen is unconstitutional … I am very happy that the three judges who got this case took it seriously. It affects so many people."
The case will return to the federal court in Bay City. Ellison wants Ludington to certify the trial as a class action, with repayments for people who received tickets. He said Saginaw has raised up to $ 200,000 a year with tire marking parking tickets.