Better Cities Project
  • Home
  • About Us
    Our Vision
    BCP’s vision is that free-market municipal policy solutions are broadly available, widely acceptable, and regularly employed, enabling American cities to achieve their full potential as engines of economic prosperity. We reject the idea that cities are lost to free-market principles or policies.
    Our Mission
    BCP uncovers ideas that work, promotes realistic solutions, and forges partnerships that help people in America’s largest cities live free and happy lives.
    Learn More
    • About Better Cities Project
    • Our Focus Areas
    • Our Team
    • Collaboration and Careers -- Work With BCP
  • Research and Projects
  • Latest Insights
  • Videos
  • Contact
    Our Vision

    Address

    304 S. Jones Blvd #2826
    Las Vegas NV 89107

    Phone

    ‪(702) 546-8736‬

    Hours

    Monday through Friday, 8 a.m. - 5 p.m.

    Email

    info@better-cities.org

    Email Us

    No Result
    View All Result
    Better Cities Project
    • Home
    • About Us
      Our Vision
      BCP’s vision is that free-market municipal policy solutions are broadly available, widely acceptable, and regularly employed, enabling American cities to achieve their full potential as engines of economic prosperity. We reject the idea that cities are lost to free-market principles or policies.
      Our Mission
      BCP uncovers ideas that work, promotes realistic solutions, and forges partnerships that help people in America’s largest cities live free and happy lives.
      Learn More
      • About Better Cities Project
      • Our Focus Areas
      • Our Team
      • Collaboration and Careers -- Work With BCP
    • Research and Projects
    • Latest Insights
    • Videos
    • Contact
      Our Vision

      Address

      304 S. Jones Blvd #2826
      Las Vegas NV 89107

      Phone

      ‪(702) 546-8736‬

      Hours

      Monday through Friday, 8 a.m. - 5 p.m.

      Email

      info@better-cities.org

      Email Us

      No Result
      View All Result
      Better Cities Project
      No Result
      View All Result
      Home Criminal Justice and Public Safety

      Washington’s top court cracks down on ‘excessive’ city fines

      A homeless man’s truck was impounded in Seattle and he couldn’t afford the costs to get it back. Justices rule that's unconstitutional.

      byScott Shackford
      August 26, 2021
      in Clean, Open and Fair Government, Criminal Justice and Public Safety, Economic Prosperity
      Reading Time: 2 mins read
      A A
      Washington’s top court cracks down on ‘excessive’ city fines
      Share on FacebookShare on TwitterLinkedInEmail

      RelatedInsights

      Lawsuit: Jacksonville, FL

      Will California Pass Bill Easing Zoning Laws for Church-sponsored Housing Projects?

      Lawsuit: Humboldt County, California

      Book Review: “Arbitrary Lines” by Nolan Gray

      The Washington state Supreme Court ruled unanimously that the government could not deprive a man of the truck he was living in because he couldn’t afford to repay hundreds of dollars in impound charges. That action counts as levying excessive fines and violates the Constitution, according to the ruling.

      In 2016, Steven Long, a tradesman who was living out of his truck, parked his vehicle in a gravel lot owned by the city of Seattle and remained there for three months. Eventually, police warned him that he was violating municipal law by parking in the same spot for more than 72 hours. When he did not move his truck, the city impounded it and towed it away, leaving Long homeless (and without his work tools).

      When Long attempted to get the truck back, he faced fines and impound fees of nearly $1,000. A magistrate cut the fees nearly in half and signed Long onto a $50-per-month payment plan. He appealed the arrangement with the help of Columbia Legal Services, arguing that the financial demands placed on him violated the Excessive Fines Clause of the Constitution.

      A defendant’s inability to pay a fine is something that courts must consider when determining whether a punishment is excessive.

      The Washington Supreme Court ultimately agreed, concluding that a defendant’s inability to pay a fine is something that courts must consider when determining whether a punishment is excessive: “The weight of history and the reasoning of the Supreme Court demonstrate that excessiveness concerns more than just an offense itself; it also includes consideration of an offender’s circumstances. The central tenant [sic] of the excessive fines clause is to protect individuals against fines so oppressive as to deprive them of their livelihood.” The ruling further noted that the potential “harm” to the city by Long’s illegal parking was minimal and noted that Seattle had just last year suspended enforcement of the 72-hour parking rule to accommodate people during COVID-19 lockdowns.

      The ruling draws on several previous court precedents, including 2019’s Timbs v. Indiana Supreme Court decision. In that case, which also concerned the seizure of a man’s vehicle (though for completely different reasons), the court unanimously determined that the Eighth Amendment’s prohibition against excessive fines and punishments includes state-level property seizures.

      The property rights–protecting attorneys of the Institute for Justice (IJ) represented Tyson Timbs in that fight. IJ submitted a brief supporting Long in this case, as did the American Civil Liberties Union of Washington and a couple of other civil rights organizations.

      On Thursday, IJ took note of the win in a prepared statement.

      “The Washington Supreme Court decision recognizes that a $500 fine may not be excessive for a billionaire, but for someone who is so poor they need to live in their vehicle, it is unconstitutionally ruinous,” said Bill Maurer, managing attorney of IJ’s Washington office. “The Washington Supreme Court’s decision should act as a roadmap for every court considering how to implement the Excessive Fines Clause in the states.”

      This post first appeared at Reason.com.

      Via: Reason
      Tags: Infrastructure
      Previous Post

      Judge overturns voter initiative that said gig workers aren’t always employees

      Next Post

      Is there truly “no more room for housing” in California?

      Scott Shackford

      Scott Shackford

      Scott Shackford is an associate editor at Reason.com. His main beats include tech surveillance and privacy, criminal justice reform, LGBT issues, national security policies, and sometimes wedding cakes.

      Explore More

      • Economic Prosperity
      • Criminal Justice and Public Safety
      • Transportation and Infrastructure
      • Education
      • Energy and Environment
      • Community, Growth and Housing
      • Clean, Open and Fair Government

      Recent News

      Lawsuit: Jacksonville, FL

      Lawsuit: Jacksonville, FL

      December 22, 2022
      Will California Pass Bill Easing Zoning Laws for Church-sponsored Housing Projects?

      Will California Pass Bill Easing Zoning Laws for Church-sponsored Housing Projects?

      December 22, 2022
      Lawsuit: Humboldt County, California

      Lawsuit: Humboldt County, California

      October 6, 2022
      Book Review: “Arbitrary Lines” by Nolan Gray

      Book Review: “Arbitrary Lines” by Nolan Gray

      October 5, 2022
      Load More
      Facebook Twitter RSS
      Better Cities Project

      Better Cities Project helps people in America’s largest cities live free, happy lives. We uncover what works, promote solutions, and forge partnerships that turn ideas into results.



      © 2021 Better Cities Project

      Our Focus Areas

      • Economic Prosperity
      • Criminal Justice and Public Safety
      • Transportation and Infrastructure
      • Education
      • Energy and Environment
      • Community, Growth and Housing
      • Clean, Open and Fair Government

      The Fine Print

      • Privacy Policy
      • Terms and Conditions
      • Reports and Financials

      Recent News

      Lawsuit: Jacksonville, FL

      Lawsuit: Jacksonville, FL

      December 22, 2022
      Will California Pass Bill Easing Zoning Laws for Church-sponsored Housing Projects?

      Will California Pass Bill Easing Zoning Laws for Church-sponsored Housing Projects?

      December 22, 2022
      Lawsuit: Humboldt County, California

      Lawsuit: Humboldt County, California

      October 6, 2022
      No Result
      View All Result
      • Home
      • About Us
      • The Team
      • Work With Better Cities Project
      • Research and Projects
      • Latest Insights
      • Videos

      © 2022 Better Cities Project

      Welcome Back!

      Login to your account below

      Forgotten Password?

      Retrieve your password

      Please enter your username or email address to reset your password.

      Log In

      Add New Playlist

      Love Cities? So Do We.

      Get ahead of the curve -- learn about innovations, ideas and policies driving change in America's largest cities, with BCP in your inbox.



      You have Successfully Subscribed!