Erin Kowalski's Law Office Challenges Draconian Parking Enforcement Ordinance

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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.

© 2024 Erin Kowalski's Law Office. All Rights Reserved.
This website is not to be construed as legal advice and does not create an attorney-client relationship.

Edited November 14 by sukanku

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UPDATE: Judge Sides With Erin Kowalski's Law Office And Plaintiffs, Suspends Unconstitutional Parking Enforcement Ordinance

Erin Kowalski's Law Office is pleased to announce our first victory in our legal battle against the City of Los Santos, as we challenge the Parking Enforcement Ordinance of 2023. Judge Oscar Keahi has sided in favor of the plaintiffs our office is representing, and has ordered the City of Los Santos to cease all enforcement of the Ordinance.

As such, residents in Los Santos will no longer face citations for parking violations, and no vehicles will be clamped, towed away or impounded until a new revised parking ordinance is ratified by City Council and deemed constitutionally sound by the court.

On November 9, 2024, our office initiated legal action against the City of Los Santos for its unconstitutional enforcement of the Parking Enforcement Ordinance signed by Mayor Victor Chase and enforced by the Los Santos Traffic Services, the City's parking enforcement agency. The Superior Court of Los Santos accepted our action, finding proper standing.

The City of Los Santos was ordered to suspend all enforcement of the Ordinance in question, and has thirty (30) days to respond. This City's lawmakers will have to return to the drawing board and revise the Ordinance to comply with constitutional standards under the scrutiny of this very court.

Additionally, the City was ordered to preserve all records related to parking enforcement, including records of fees and penalties issued. We hope for the full release of these records, as we believe it is in the interest of the public to know the extent of the Towing Services for-profit enterprise.

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.

 

© 2024 Erin Kowalski's Law Office. All Rights Reserved.
This website is not to be construed as legal advice and does not create an attorney-client relationship.

Edited November 14 by sukanku

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UPDATE: Erin Kowalski's Law Office Wins Lawsuit Against City of Los Santos, Judge Confirms Parking Enforcement Unconstitutional

Erin Kowalski's Law Office confirms today a significant legal victory in our fight to challenge the constitutionality of the Parking Enforcement Ordinance of 2023. On November 14, 2024, Judge Oscar Keahi ruled in favor of Erin Kowalski's Law Office on all counts of constitutional violations by the City of Los Santos in relation to parking enforcement rules.

Our law office represented various plaintiffs in the City of Los Santos who have had their vehicle disproportionately or wrongfully clamped, towed away and impounded. We initiated civil proceedings on November 8, 2024, and after a preliminary hearing, Judge Keahi suspended the ordinance after we raised several constitutional concerns.

Today, Judge Keahi ruled completely in favor of the plaintiffs, finding as follows:

1. Barry Martin, Director of Los Santos Traffic Services, engaged in unconstitutional retaliation for protected First Amendment speech by explicitly choosing more severe enforcement actions based on plaintiff's prior criticism of clamping practices;
    
2. The practice by the City of Los Santos of immediate seizure — through clamping or towing — for minor parking infractions, particularly in empty parking areas where no public safety concern exists, constitutes an unreasonable seizure under the Fourth Amendment;
    
3. The fee structure employed by the Los Santos Traffic Services, including $750 for a clamp removal, a $1,500 base storage fee and $300 per day in additional storage fees, is grossly disproportionate to the minor nature of the parking violations and constitutes an excessive fine under the Eighth Amendment;
    
4. The Parking Enforcement Ordinance and the enforcement practices used by the City of Los Santos failed to provide constitutionally-required due process protections, including: clear procedures for contesting violations; adequate notices; and proper hearing opportunities before and after the seizure.
    
5. The ordinance contains unconstitutionally vague provisions that fail to give citizens fair notice of prohibited conduct and enable arbitrary enforcement.
    

The City of Los Santos failed to meet the deadlines to present a defense. As a result, Judge Keahi ordered the ordinance void by summary judgement. The City of Los Santos and the Los Santos Traffic Services were ordered to end all enforcement of the parking ordinance, including clamping, towing and collecting fees without due process, until a new constitutionally sound ordinance is signed into law.

In addition, the court ordered the City to reimburse all plaintiffs who joined the litigation, affected by the excessive enforcement of the ordinance.

Erin Kowalski's Law Office is proud to share this victory. Our office continues to serve all residents in Los Santos and nearby communities in various fields.

© 2024 Erin Kowalski's Law Office. All Rights Reserved.
This website is not to be construed as legal advice and does not create an attorney-client relationship.

Edited November 15 by sukanku