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What's All This Talk about Madness Beginning?>

NOV
20
2009
Lawyer Asks for Parking Enfocement Injunction
Fri @ 10:06 am
News Channel: metro news
views: 839  kudos: 0     bit.ly    post to facebook    post to twitter
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Louisville attorney David Mour has spent years fighting the city's parking enforcement, and this week filed a motion for "injunctive relief" against the city.

He's already filed a lawsuit fighting Metro Government's parking enforcement policies, and he's lined up 11 plaintiffs who have been innocent victims of the city's new boot policy.

Mour's have lodged complaints about the city's new parking enforcement policy, which allows the city to put a "boot" on legally parked vehicles if it finds the vehicles have two parking tickets pending against them.

Mour's 39-page motion argues that the enforcement is unconstitutional under state law, and has been granted a hearing in Circuit Court Jan. 8.

His case includes an affidavit from a citizen, Anthony Cotton, who relates a troubling story of government power against him.

Cotton's sworn affidavit reveals a nightmare. He purchased a 1996 Honda in January of 2009. On the afternoon of October 5, he parked in a legal space and put money in the meter near Third and Liberty.

When he returned to his car an hour later, it was booted, the result of the city's stepped up policy that is attempting to collect what it claims are $6.5 million in unpaid citations. The new policy, implemented Oct. 1, allows PARC meter maids to boot cars, even those parked legally, if they have two outstanding tickets.

So Cotton went to PARC and learned that the previous owner of his Honda, Katherine Blodgett, had racked up 27 parking tickets before selling the car. And that he was expected to pay the $755 in tickets if he wanted his car back.

Of course, PARC officials have heard these stories, and demanded that Cotton prove he wasn't dating Blodgett. He was told he would have to get affidavits from the Jefferson County Clerk proving he didn't own the Honda or three other vehicles to which Blodgett's tickets were attached.

The city towed the Honda the next day to its impound lot.

Cotton went to the impound lot, with the affidavit on his Honda, and was told he still needed to prove he didn't own the other three cars in Blodgett's name that had parking violations outstanding. Cotton continued his argument with PARC officials.

Finally, 28 hours after he'd put money in the meter, he paid a $115 fee to the impound lot and got his car back. During the previous eight months, he says he'd received no notices from the city about the tickets.

Stories like this one make up the bulk of Mour's complaint. He claims the city doesn't follow state guidelines by notifying owners of their rights and of outstanding tickets.

The complaint requests a temporary injunction preventing the city from booting and towing vehicles.


ADD A COMMENT

     bikecommuter   sun nov 22 2009 at 4:40 pm         · 
Free or subsidized car parking costs Americans $386 billion per year - more than we spend on national defense and nearly twice what we spend on medicare. I agree that meters are a pain, but our motoring culture is bankrupting and killing us. Twelve bikes fit in one parking space. Boycott parking meters and get financially and physically healthy. Ride TARC, bike, or walk.

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