We have all been here before.
Council Monday: No Sharpies for selective tire marking, and no answer for why tires are being selectively marked.
A bizarre election-year case of selectively enforcing the city’s largely ignored 24-hour overnight parking ordinance.
For now, I’m just leaving this here. Based on a few things I’ve seen in the past month, we may also be dealing with a “prolific chalker” in New Albany. We’ve since ruled out “Sharpiers,” right?
Court Says Using Chalk On Tires For Parking Enforcement Violates Constitution, by Matthew S. Schwartz (NPR)
The next time parking enforcement officers use chalk to mark your tires, they might be acting unconstitutionally.
A federal appeals court ruled Monday that “chalking” is a violation of the Fourth Amendment.
The case was brought by Alison Taylor, a Michigan woman whom the court describes as a “frequent recipient of parking tickets.” The city of Saginaw, Mich., like countless other cities around the country, uses chalk to mark the tires of cars to enforce time limits on parking.
By the time Taylor received her 15th citation in just a few years, she decided to go after the city — and specifically after parking enforcement officer Tabitha Hoskins.
Hoskins, Taylor alleged in her lawsuit, was a “prolific” chalker. Every single one of Taylor’s 15 tickets was issued by Hoskins after she marked a tire with chalk, and then circled back to see if Taylor’s car had moved. That chalking, Taylor argued, was unconstitutional.
“Trespassing upon a privately-owned vehicle parked on a public street to place a chalk mark to begin gathering information to ultimately impose a government sanction is unconstitutional under the Fourth Amendment,” Taylor’s lawyer, Philip Ellison, wrote in a court filing …