Federal judge rules chalk marks unconstitutional

[purina]

https://www.michiganradio.org/crimi...wn-use-of-tire-marks-to-enforce-parking-rules

Federal judge strikes down use of tire marks to enforce parking rules
Michigan Radio | By Rick Pluta | MPRN
Published August 9, 2022 at 8:04 PM EDT

A federal judge in Bay City has ruled that local parking authorities cannot employ the long-established use of chalk marks on tires to determine whether a vehicle has sat in a space for too long. The decision says that violates the unreasonable search clause of the U.S. Constitution.

“As a result, Defendants’ practice of suspicion-less chalking will be declared unconstitutional, and they will be ordered to pay nominal damages for each instance of chalking,” U.S. District Court Judge Thomas Ludington wrote in his opinion.

 

[fabulouslyghetto]

Well good thing the taxpayers are getting their money's worth out of this judge.

 

[NotHardUp1]

The scofflaws will be sorry if the city mans up and puts more meter monitors on the street and towing increases. Win the battle, lose the war.

 

[Araucaria]

The chalk system is used to enforce time limits in areas where there is free parking. This will force municipalities to start charging for parking. Go to court to beat a ticket, make everyone else pay for what used to be free.

 

[ShadowCat]

I just wonder what would happen if everyone rised up and decided you know what were sick of this (insert your city here __'s) shit were not paying, not enough space in jail for everyone! The same with property taxes!

 

[fabulouslyghetto]

I just wonder what would happen if everyone rised up and decided you know what were sick of this (insert your city here __'s) shit were not paying, not enough space in jail for everyone! The same with property taxes!

won't happen. americans are domesticated and trained no different from a dog.

 

[Kulindahr]

The chalk system is used to enforce time limits in areas where there is free parking. This will force municipalities to start charging for parking. Go to court to beat a ticket, make everyone else pay for what used to be free.

It's also used to see if motor homes have been parked in the same place for longer than two weeks, whether a car is being "stored" on a street, and some other things.

It's interesting that the decision noted that "suspicion-based" chalk marks are okay, which means the above uses will probably continue.

 

[Alistair]

I really don’t know how it’s considered unreasonable search. It’s in plain sight now if you covered your car with a cover and they lifted it to mark the tire that would be different.

 

[Kulindahr]

I really don’t know how it’s considered unreasonable search. It’s in plain sight now if you covered your car with a cover and they lifted it to mark the tire that would be different.

It's a method of doing an investigation, which constitutes a search. The logic isn't obvious, but the thing is that all other forms of beginning an investigation require a warrant if it involves touching someone's property, and a warrant requires probable cause.

 

[gsdx]

If taking measures to enforce parking laws is unconstitutional, couldn't that make parking meters and, indeed, the parking laws themselves potentially unconstitutional as well?

 

[fabulouslyghetto]

If taking measures to enforce parking laws is unconstitutional, couldn't that make parking meters and, indeed, the parking laws themselves potentially unconstitutional as well?

No. If it generates money for the state it's not unconstitutional, even if it's unconstitutional. There's a $$$$$ clause.

 

[gsdx]

^ But chalking tires generates more money for the state.

"Is a puzzlement."

 

[cabinfever]

This is an odd decision - maybe the judge was drunk or senile?

 

[Kulindahr]

If taking measures to enforce parking laws is unconstitutional, couldn't that make parking meters and, indeed, the parking laws themselves potentially unconstitutional as well?

The test would be whether photographs of the vehicle are constitutional. They probably are, given that if the police see something visually they can act on it even it it's inside someone's yard fence. I think it came down to the fact that the chalk marks required physical 'alteration' of the tires by making the marks.

So parking meters aren't part of the "territory" here, the question is methods of observation that require physically marking the tires.

This actually reminds me of a case where a town started using stickers for tickets on vehicles; the court ended up ruling they couldn't do that because the stickers effectively became a part of the vehicle -- whereas sticking a ticket under a windshield wiper doesn't.