San Francisco’s policy of towing legally parked vehicles if they have too many parking tickets has been ruled unconstitutional in California
3 hours ago
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The city of San Francisco will no longer be allowed to tow vehicles that have outstanding tickets, but are legally parked. That follows a decision from the California Court of Appeal, which found that these “poverty tows” violate the state’s constitution.
In San Francisco, it has been a city policy to tow legally and safely parked vehicles if they have five or more unpaid parking tickets and the owner has not responded within 21 calendar days of them being issued. Owners then had to prove that they paid the outstanding tickets to retrieve their vehicle, and the city could sell the vehicles at auction if the tickets went unpaid.
However, the court found that the practice violates the Fourth Amendment of the California Constitution, protecting citizens against unreasonable searches and seizures by requiring a warrant, reports CBS News. It rejected the city’s argument that an exception should be made in this case because the cars presented a threat to public health.
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The practice was challenged by the Coalition on Homelessness, which filed an appeal against the city over this type of seizure. Colloquially referred to as “poverty towing”, the practice is said to target low income individuals who cannot afford to pay parking tickets. Moreover, the tows frequently wind up costing the city more than they bring in, according to the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, which helped the coalition pursue this case.
“In San Francisco, thousands of households are on the brink of homelessness, where a single adverse event can thrust them out of housing,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness. “Poverty tows are one of those events, where the loss of a car leads to the loss of the transportation needed to get to work, and suddenly the household can’t make rent.”
While a spokesperson for the San Francisco City Attorney’s Office said they are disappointed by the decision, and are considering appropriate next steps, the state may step in. Legislation seeking to ban the practice of “poverty towing” has cleared the California Assembly.
