For those of you in the 9th Circuit you need to be forewarned and I'm hoping that this email will satisfy the court there of due process, that towing an illegally parked vehicle may require personal notice to the vehicle owner to satisfy due process. In its unyielding assault on common sense the 9th Circuit concluded that an ordinance that notifies those parking vehicles in the city that their vehicles can be towed for illegal parking is insufficient notice for due process purposes. An attorney, who one must guess was trying to make illegal parking a federal case, parked his vehicle, paid for 24 hours of parking, and then left it there for some seven days, garnering tickets like confetti at a real political convention, plus getting one tow notice (insufficiently worded) before the vehicle was towed. Not enough says the 9th Circuit, how could he have known and BTW towing cars affects the indigent and working poor way more than anyone else, so regardless of this attorney's financial situation, we'll make a rule that covers everyone from Bezos to the homeless. Not that I'm exasperated by this or anything. You may need to copy and paste the link below to suffer through reading this decision as I have on your behalf.
http://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/21/18-35673.pdf
Chuck
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016
W www.imla.org
Plan Ahead!
IMLA's 85th Annual Conference, September 21-25 & 29-30, 2020, Virtual!
IMLA's 2021 Mid-Year Seminar, April 23-26, 2021 in Washington, DC!
For those of you in the 9th Circuit you need to be forewarned and I'm hoping that this email will satisfy the court there of due process, that towing an illegally parked vehicle may require personal notice to the vehicle owner to satisfy due process. In its unyielding assault on common sense the 9th Circuit concluded that an ordinance that notifies those parking vehicles in the city that their vehicles can be towed for illegal parking is insufficient notice for due process purposes. An attorney, who one must guess was trying to make illegal parking a federal case, parked his vehicle, paid for 24 hours of parking, and then left it there for some seven days, garnering tickets like confetti at a real political convention, plus getting one tow notice (insufficiently worded) before the vehicle was towed. Not enough says the 9th Circuit, how could he have known and BTW towing cars affects the indigent and working poor way more than anyone else, so regardless of this attorney's financial situation, we'll make a rule that covers everyone from Bezos to the homeless. Not that I'm exasperated by this or anything. You may need to copy and paste the link below to suffer through reading this decision as I have on your behalf.
http://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/21/18-35673.pdf
Chuck
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016
W www.imla.org
Plan Ahead!
IMLA's 85th Annual Conference, September 21-25 & 29-30, 2020, Virtual!
IMLA's 2021 Mid-Year Seminar, April 23-26, 2021 in Washington, DC!
