Erin Kowalski's Law Office Challenges Draconian Parking Enforcement Ordinance

Residents in the Los Santos area, has your vehicle wrongfully been towed or clamped by local law enforcement or the Los Santos Traffic Services? Or have you been subject to excessive impoundment fees, fines or penalties?

On November 8, 2024, our office initiated legal action to challenge the constitutionality of several provisions in the Parking Enforcement Ordinance of 2023, signed into law by Mayor Victor Chase in March 2024. The Ordinance has given the City of Los Santos unconstitutional authority to enforce Draconian penalties on its residents.

We represent several plaintiffs who have had their vehicle wrongfully clamped or towed away and imposed severe impoundment fees. In some cases, the Los Santos Traffic Services seized vehicles on private property without consent from the landowners, and in others, claiming the vehicles overstayed beyond the hourly limits by a few minutes in otherwise empty parking lots — sometimes even erroneously.

The Los Santos Traffic Services is in a for-profit business of constant monitoring of potential parking offenders. With over 39 parking locations under the agency's surveillance, many of which on a pay-to-park scheme, and most of which rarely reach full capacity, it is questionable whether these measures can be justified by a legitimate public interest.

We are asking the judge to order the City of Los Santos to repeal unclear provisions in the Parking Enforcement Ordinance of 2023, rule the penalties and enforcement of the ordinance disproportionate and unconstitutional, and to reimburse the plaintiffs.

Our office is challenging the Ordinance on the following counts:

1. A violation of the First Amendment to the United States Constitution by engaging in retaliatory penalties for the free expression of ideas;
2. A violation of the Fourth Amendment by engaging in unreasonable seizures by clamping, towing and impounding vehicles over minor parking violations;
3. A violation of the Fourth Amendment by engaging in warrantless seizures of vehicles on privately-owned property without the consent of landowners;
4. A violation of the Eighth Amendment by enforcing excessive fines by setting up an exorbitant clamping and impoundment scheme and a for-profit interest;
5. A violation of the Fourteenth Amendment by not including clear and concise procedures to contest wrongful penalties, clamping and impoundment;
6. A violation of the Fourteenth Amendment by broadly exempting all city government employees from non-hazardous parking rules regardless of function;
7. A violation of the Fourteenth Amendment for enforcing an ordinance containing numerous vague and ambiguous provisions.

Prior to filing this suit, we reached out to the Director of Traffic Services Barry Martin, and Mayor Victor Chase, who both admitted parts of the Ordinance are unclear and could be defined better. While the mayor promised it would be rectified, the City of Los Santos continues to enforce the Ordinance as is, imposing their interpretation without legal merit.

We are looking to put an end to abusive parking enforcement practices by the City of Los Santos. If you have been affected by the parking enforcement regulations of the City of Los Santos in any way, including wrongful seizure, excessive fines, or harsh penalties, feel free to reach out to our office.