Massachusetts Supreme Judicial Court supports Northampton on parking ticket appeal process

MA city charges $320 fee to fight $15 parking ticket, supreme court rules in favor of the city when a person sues that the $320 fee inhibits his right to contest the ticket



The Massachusetts Supreme Judicial Court Thursday handed down a ruling affirming the validity of Northampton’s appeal system for parking tickets despite a Greenfield man’s contention that the cost of the appeal effectively negated his constitutional rights.

 


Vincent Gillespie said the $319.90 cost of appealing his July 19, 2005, parking ticket in Hampshire Superior Court far exceeded the $15 fine. Gillespie, a former Easthampton resident, received two citations that day for parking in a prohibited zone in Northampton, the second as he was walking to the parking office to contest the first. He subsequently filed a written challenge that was denied, although the second citation was dismissed as duplicative of the first.


Because Northampton’s system did not include the option of appearing before a hearing officer, as it does now, Gillespie filed for summary judgment in Hampshire Superior Court, saying he was denied his rights. Judge Bertha D. Josephson found in his favor, but ruled in the city’s favor on Gillespie’s Constitutional argument that the fee system effectively denied him access to the courts.


Edward Hamel, who was issued a $100 citation for parking in a handicapped space in 2005, joined Gillespie as a plaintiff in the case, which was argued before the Supreme Judicial Court by American Civil Liberties lawyer William C. Newman of Northampton. The city did not have a lawyer at the hearing, with the Massachusetts Attorney General’s Office representing its position instead.


NEWMAN_3135626.JPGWilliam Newman

Although the court did not address matters such as the high amount of the filing fees, it ruled in favor of Northampton, saying that the plaintiffs did not meet their burden of proving that the laws establishing the appeal process for traffic tickets were not in keeping with the state constitution. Furthermore, the court wrote, the fee system serves the purpose of discouraging “the filing of nonmeritorious appeals” by conserving scarce judicial resources.


Newman argued, however, that those same resources could be further conserved by hearing parking ticket appeals in small claims court or district court. He also noted, as did the court in its ruling, that the cost of appeal of tickets in Massachusetts far exceeds that in other states such as California ($25) and Connecticut ($35).


“The Massachusetts system is an aberration,” Newman said Thursday.


The court said it is up to the Legislature to set those costs.


“Our lens focuses only on the constitutional question,” the justices wrote.


Mayor Mary Clare Higgins said Thursday that the legal battle was more a matter of state concern, but concurred with the court’s opinion.


“I think the ruling was correct,” she said.

Views: 108

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Denis Sac on July 16, 2011 at 10:50am
ALLow smoking dope,Drinking Alcohol and BAN SMOKING...OH MY GOD
Comment by Denis Sac on July 16, 2011 at 10:49am
Who would go to that DUMP STATE,Its Just like the rest of the  GREEDY USA

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post

What Will happen When Robot Brides Replace Human Marriage?

 With the rapidly approaching prospect of singularity and artificial intelligence dominance taking…See More
5 hours ago
MAC posted a video

TRUMP ADVOCATING FOR PEACE, CABINET PICKS ADVOCATE WAR

The Trends Journal is a weekly magazine analyzing global current events forming future trends. To access our premium content, subscribe to the Trends Journal...
22 hours ago
Doc Vega posted a blog post

When Will the True Reparations Be Awarded?

Americans have weathered the worst storm perhaps in American history from an intentionally…See More
yesterday
MAC posted videos
Tuesday
tjdavis posted photos
Tuesday
Doc Vega posted photos
Monday
Doc Vega posted a blog post

Veteran’s Day a Time That Should Be Honored

 At a time in our confusing and idiotic history when a Democrat can’t define a woman when being…See More
Monday
Michael A. Pinson posted a photo
Monday
cheeki kea commented on tjdavis's blog post Mountain Miracle
"Thumbs up to this awesome school. Isn't it amazing that some of the greatest teachers are to…"
Sunday
cheeki kea commented on cheeki kea's photo
Sunday
cheeki kea commented on Doc Vega's blog post This is Incredible! Trump is Already releasing Plans to Dismantle the Deep State and Purge the Corrupt Players
"Oh wow he is not wasting any time. May the power of the words he just spoke resonate across America…"
Sunday
tjdavis favorited cheeki kea's video
Sunday
tjdavis favorited rlionhearted_3's photo
Sunday
tjdavis posted a blog post
Sunday
Doc Vega's 4 blog posts were featured
Saturday
cheeki kea's 2 blog posts were featured
Saturday
Doc Vega commented on tjdavis's blog post Mountain Miracle
"A creative way to get hands on participation with students and the community."
Saturday
Doc Vega favorited tjdavis's blog post Mountain Miracle
Saturday
Doc Vega posted a blog post

The Perfect Lies

The Perfect Lies Time is like an ocean with its secrets running deepLike all the lovers you’ve…See More
Saturday
tjdavis posted blog posts
Saturday

© 2024   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted