The 6th District Just Ruled Chalking Tires To Enforce Parking Unconstitutional

L84Cabo

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Interesting case. They make some good points like at the time that the Parking Nazi chalks your tire, you've done nothing wrong or even given any indication of potential wrong doing. And further, that chalking the tire constitutes a trespass...albeit a fairly slight trespass.

So what do you guys think? Did they get this right? The full decision is linked in the article.




Chalking tires to enforce parking rules is unconstitutional, court finds

That parking officer who swipes a chalk mark on your tire to keep track of how long you've been parked is violating the Constitution, a federal appeals court panel found Monday.
 
Chalking tires is obsolete anyway.... It’s all done electronically in PDX now... you can get a ticket for “meter feeding” even if move your car to another stall and park around the corner in the same “meter zone”.

I now use the “Parking Kitty” app on my phone so I don’t have to touch those grimy POS pay stations, and don’t even need to display the paid receipt in the window anymore.
 
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Lilhigbee

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From the article;

U.S. Circuit Judge Bernice Bouie Donald wrote that when drivers pull into parking spaces, "the city commences its search on vehicles that are parked legally, without probable cause or even so much as 'individualized suspicion of wrongdoing' — the touchstone of the reasonableness standard."

That should mean that ANY method of recording your vehicle's placement is unconstitutional.
 

Lilhigbee

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ha, ha, ha, Sorry, not picking on Lilhigbee.

Red light cameras.

Speed Cameras.

Cops using Body Cameras.

Regular old security cameras on State buildings (any Gov't.)
Big difference; Red light cameras and speed cameras only take pictures during the commission of an infraction, not before the commission nor without probable cause.
To be clear, I don't agree with those either, but for different reasons than are being discussed here.
As far as body and security cameras, they do not target an individual, are not predatory in nature, and therefore MAY be given a pass.
 

Used To Hunt

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This is one of those times when a good ruling will just make thing worse. If they can’t chalk your tire because it is trespass, they will just document with a photo and time stamp. From trespass to surveillance.
Couldn't agree more with Gbirk and also just follow the damn rules and you don't have anything to worry about
 

RicInOR

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Big difference; Red light cameras and speed cameras only take pictures during the commission of an infraction, not before the commission nor without probable cause.
To be clear, I don't agree with those either, but for different reasons than are being discussed here.
As far as body and security cameras, they do not target an individual, are not predatory in nature, and therefore MAY be given a pass.
The cameras record every car / every interaction. Only some are processed further due to a violation of some kind.

<tin foil hat on> that can be used to see where you (car) was. Over time a history is built. A pattern. </hat off> We are more tracked by our use of modern technology - smarty pants phones.
 
Courts have ruled that parking enforcement or police can’t chalk a tire...
Its an unreasonable trespass on your property when you have yet to commit a crime...when driving is a privilege using (or maybe overusing) a public resource.

I think the mentality that resulted in this decision has nothing to do with parking past your meter, it’s most likely so LE can’t chalk a tire to determine if someone’s “home” is detelict and can be towed.

If all if that is unreasonable...shouldn’t ERPO laws be unreasonable? You know, since bearing arms is a right, not a privilege? Since no probable cause exists at that point....

And if its not apples to apples, what about other privileges such as hunting and fishing? You have to provide ID and license on demand when in the act and you’re subject to search?

I know, rhetorical questions...
 
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Courts have ruled that parking enforcement or police can’t chalk a tire...
Its an unreasonable trespass on your property when you have yet to commit a crime...when driving is a privilege using (or maybe overusing) a public resource.

I think the mentality that resulted in this decision has nothing to do with parking past your meter, it’s most likely so LE can’t chalk a tire to determine if someone’s “home” is detelict and can be towed.

If all if that is unreasonable...shouldn’t ERPO laws be unreasonable? You know, since bearing arms is a right, not a privilege? Since no probable cause exists at that point....

And if its not apples to apples, what about other privileges such as hunting and fishing? You have to provide ID and license on demand when in the act and you’re subject to search?

I know, rhetorical questions...

gonna take a lawsuit to get rid of the ERPOs
 

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