Good News Everybody!
Sorry things have been a little quiet on the Scofflaw front, but here’s the latest. Monday night (5/20), Councilman Bernard “Jack” Young proposed a bill that would cap the fines associated with parking tickets at five times the original face value. You can read about it here:
http://www.investigativevoice.com/index.php?option=com_content&view=article&id=495:fine-freeze&catid=25:the-project&Itemid=44
He’s attempted legislation such as this in the past, however, it was deemed politically unpopular. Here’s our chance to make a difference this time. This bill has been referred to a subcommittee that is chaired by Councilman Jim Kraft. The more Scofflaws we can get to those hearings, the better chance we have of influencing this legislation. However, he can schedule the meeting whenever he’d like. We’ve been advised to flood his e-mail with requests to make sure the hearings concerning our bill are held AFTER 5PM so those of us with jobs can show and voice our opinions and concerns. So, here’s where you come in:
Councilman James Kraft:
james.kraft@baltimorecity.gov
Fire away! Send him an e-mail requesting an afternoon hearing (AFTER 5PM) and voice your opinion! Our little band of scofflaws has been moving smoothly thus far, and with surprisingly little effort, thanks to the Internet. Here’s a chance for you to take five minutes out of your day and help our cause. Let’s let him know we’re out here and when it comes time for the hearing, let’s fill the place! Let’s show our elected officials the organizational power of the Internet.
Unfortunately, passage of this bill will not mitigate our debts retroactively. Consequently, we still have some work to do on that front (i.e. amnesty). But passage of this bill should prevent this from ever happening again. Councilman Young will be on the C4 show (see link at right) at 1PM today, and I’ll be following at 1:30PM. I’ll post any updates I get and let’s get organized!!!
Wednesday, May 20, 2009
Thursday, April 30, 2009
Sign Our Petition and Spread the Word!
Just sent this message out via Facebook. Thought I'd post it here as well:
Here's your chance to help our group make a difference. Let's tell City Hall we're here, and we've had it. Our Letter of Intent has been edited as group, and one of our members (Alex TS), has created a page for everyone to sign it.
http://www.thepetitionsite.com/1/baltimore-scofflaws
Take the next ten minutes of your day, and work for our cause. Our ability to create this change rests in your hands. Forward this e-mail to your friends. Message your entire Facebook friend list. Put this link on your profile, your status update, your blog, your IM away message. Post this on MySpace. Twitter. You name it. Let's see how viral we can go, and how many signatures we can get. You know someone with an ax to grind with the government? They don't even need to live here! This is our chance to let the WORLD know that we're sick of the exploitation, the misdirection, and the government run-around. Everyone's had their Scofflaw moment, whether it's here or in another city. Who knows? If we get enough signatures from across the country, this story could go national. Then what are they going to do?
Once the accumulation of signatures has slowed down, we'll print it out with all the names, and physically mail it to each City Council member, the Maryland Attorney General, the Mayor, whoever it takes to make a change.
We've been ignored individually. Let's see what happens when we knock on the door as a group.
Here's your chance to help our group make a difference. Let's tell City Hall we're here, and we've had it. Our Letter of Intent has been edited as group, and one of our members (Alex TS), has created a page for everyone to sign it.
http://www.thepetitionsite.com/1/baltimore-scofflaws
Take the next ten minutes of your day, and work for our cause. Our ability to create this change rests in your hands. Forward this e-mail to your friends. Message your entire Facebook friend list. Put this link on your profile, your status update, your blog, your IM away message. Post this on MySpace. Twitter. You name it. Let's see how viral we can go, and how many signatures we can get. You know someone with an ax to grind with the government? They don't even need to live here! This is our chance to let the WORLD know that we're sick of the exploitation, the misdirection, and the government run-around. Everyone's had their Scofflaw moment, whether it's here or in another city. Who knows? If we get enough signatures from across the country, this story could go national. Then what are they going to do?
Once the accumulation of signatures has slowed down, we'll print it out with all the names, and physically mail it to each City Council member, the Maryland Attorney General, the Mayor, whoever it takes to make a change.
We've been ignored individually. Let's see what happens when we knock on the door as a group.
Wednesday, April 22, 2009
C4, Fox 45, Initial Success and a Response to the Baltimore Sun
Wow. It’s been a whirlwind lately. We had the Fox45 story run at 5 and 11PM. I had a really nice discussion with C4 on WBAL 1090, and this morning I had a 3 minute spot during Fox45’s morning show, which I think went really well. But, I’d like to spend some time discussing the most recent stories that have emerged in the print/internet media.
First, Alisha Marchewka, one of our own Baltimore Scofflaws, was highlighted this morning by Stephen Janis of Investigative Voice. http://www.investigativevoice.com/index.php?option=com_content&view=article&id=369:scofflaws-strike-back-city-judge-waives-1900-in-fines-for-unpaid-tickets&catid=25:the-project&Itemid=44
You should read the story, but essentially Alisha discusses her court date fighting these tickets. Bottom line: it would seem the judge she faced agreed with our plight. She explained her situation, mentioned the letters of delinquency were sent to her old address in Oregon, and the judge stopped her mid-sentence and said, “I believe you.” Waived the fines. Wow. Congrats to Alisha! $1,900 down, perhaps millions to go. It’s also interesting to read just how disorganized the act of getting a trial and understanding her rights ultimately became. Bottom line: Request an officer! Read the story, and you’ll see why.
Some have argued that this should have been our initial recourse. However, given the arbitrary nature of these decisions, coupled with the fact that the law firm told me without the proper documentation and proof of payment, there’s no point to request a trial, I think we still need to push for our goals. Especially for those who no longer live within a convenient distance to Baltimore. I heard one story of a Scofflaw on the West Coast who was told she would have to address each of her four tickets INDIVIDUALLY in court. Whether this is true or not (and I’ll talk about this later), it is troubling that deliberate stumbling blocks are being put in our way to mitigate this situation.
Secondly, following Gus Sentementes’ fantastic story in the Sun on Monday, the paper saw it fit to print an editorial concerning our viewpoint entitled, “Pay Up”. http://www.baltimoresun.com/news/opinion/editorial/bal-ed.parking21apr21,0,3513949.story
Again, I highly recommend reading the opinion before reading my commentary below. I’d like to respond within their space, but I’m not sure how much room I’d get or if it would even run at all. So, I’ll write-up something succinct, send it in, and see if they print it. But in the meantime, let’s look at their argument point by point.
In the Opinion of the Sun: Scofflaw motorists owe Baltimore roughly $181 million in overdue parking fines. That's a potential windfall - about six years' worth of slots revenue once gaming comes to town.
Not So Fast: Last I checked, it was $132 million, but if they found a new number to share with us, even better. Also, a windfall represents an amount of money that one does not expect to have or find, like the $40 million dollars the City of Baltimore just found in its couch cushions like week (http://www.baltimoresun.com/news/local/baltimore_city/bal-cityaccount0415,0,4992609.story). Sadly, the city has publicly stated that we represent a viable revenue stream, so it sounds like less of a windfall and more of a demand. Also, it is illogical to compare the revenue garnered through gambling to the money they are attempting to extract from us. When one places a coin in a slot machine, there is an implicit understanding AT THAT TIME that one’s money could be headed to the state coffers. That person is a willing participant in his game of chance. To view our unknowing government funding as an equivalent participation is myopic and ludicrous.
In the Opinion of the Sun: Or put another way, it's enough to lower the city's property tax rate by nearly 50 cents for one year; right now, city homeowners are picking up the tab for parking violators.
Not So Fast: I wasn’t a math major, but I’d love for someone to explain how a “rate” can be reduced by “50 cents”. I was led to believe a rate, in the manner they are referring (namely a percentage and not a scientific measurement), is a unitless ratio created by dividing two numbers. If anyone can show me how to reduce 20% by 50 cents, you get a gold star. So, I’m not even sure what that number means. Did they mean to say “reduce the rate by 0.5%”? If so, someone in their editorial staff needs to crack an algebra book. Secondly, if it is our contention that the revenue was generated falsely, through either incompetence, deliberate action, or both, then the city should not count on this imaginary, contrived amount of money to reduce the average taxpayer’s burden. Also, I find it hard to believe that even if the city were to collect $132 or $181 million dollars from us, that city homeowners would ever see their “50 cents”, as it would be applied to a city surplus.
UPDATE SINCE PUBLISHING: It would appear I'm wrong on this point, at least the math part anyway.
This was posted by Courtney later that day:
Just a note of clarification for your second editorial point - property tax rates are typically expressed as a dollar amount per $100 of assessed value. Baltimore City, for example, is $2.268 per $100 of assessment (http://www.dat.state.md.us/sdatweb/taxrate.html).
The downside of blogging, with respect to print media, is that one can go back and change whatever one chooses. Namely, correct the past. In the spirit of fairness to our detractors, aside from blatent typos, all prior errors in fact or logic will be preserved as it would be for traditional print media. As an aside.....oops.
In the Opinion of the Sun: The late fees are what get most people in trouble, but given the parlous state of the city's finances now, calls to cap the $16 monthly late fee are premature.
Not So Fast: We have to clear up some vocabulary here first. The word parlous means to be dangerously cunning or shrewd. If the point of the article is to highlight how the city needs our money, then perhaps the city’s finances could best be described as “perilous”, thus making our calls to end the monthly late fees premature. Shrewd is a word that implies some level of planning or execution, which I would say the city has lacked thus far. Secondly, if the Sun is willing to admit the “late fees are what get most people in trouble”, then why not advocate for the benefit of the people rather than the usurious system that is currently in place?
In the Opinion of the Sun: Some motorists weren't notified of outstanding tickets because they changed addresses or live out of state. But much of the money is owed by commercial car rental companies that were left holding the bag for tickets accumulated by their customers. That's where the city should focus the bill collectors' efforts.
Not So Fast: So here, the authors concede leaning on Big Business is acceptable, however, harassing John Q. Public is a little more distasteful. I was under the impression the idea of American democracy was equality for all. Why should a company, which represents substantial tax revenue for the city, receive less sympathy in the face of injustice than me? Or you? Is this the city’s plan for attracting business and law-abiding tax payers to live in Baltimore?
In the Opinion of the Sun: And then there are the habitual scofflaws who simply ignored the citations - they don't deserve much sympathy.
Not So Fast: Agreed. However, they are a lost cause. If they truly don’t want to pay any tickets, why will they care about a letter from a law firm or even having the possibility of their credit ruined? I’ll save you the suspense, their credit is already ruined, and if they just register their cars in the names of other people, what can the city do? Nothing. Again, they cannot in expect this income.
In the Opinion of the Sun: In just three months, the debt collectors have recouped $11.6 million for the city.
Not So Fast: …and made $2.9 million for themselves when they took a 20% cut of the action. I wonder how many cents that would reduce the city’s property tax rate?
In the Opinion of the Sun: Critics think Linebarger, Goggan, Blair & Sampson, a national law firm specializing in government debt collection, is too aggressive because it tracks down violators more efficiently than the city can. But that's why it was hired.
Not So Fast: In this paragraph, the authors are combining two actions that are unrelated. There is no doubt Linebarger is efficient. I don’t think anyone could argue against that point, and frankly, I don’t think it bothers anyone that they were. In fact, I wish the city had been able to do the same years ago! However, “tracking someone down” and “aggressive debt collection” are two different activities. Efficiently finding us is perfectly acceptable. But using harassing phone calls and disseminating false information to scare citizens into payment programs that still accrue late penalties (despite being told to the contrary), is despicable, and these are the actions of which we disapprove.
In the Opinion of the Sun: The firm does offer to work out a payment plan for scofflaws that stops the penalties from accumulating, though drivers could still face restrictions on renewing their license or vehicle registration. And the firm doesn't report to credit bureaus, as some have charged, so an overdue ticket won't affect drivers' credit ratings.
Not So Fast: We’ve addressed these charges above.
In the Opinion of the Sun: Motorists who think they've been ticketed improperly can always go to court, where they are at the mercy of a judge - a sympathetic one, they hope. An amnesty program would help cash-strapped drivers, but a law prevents such relief until 2013, and it needs to be changed. Another four years is too long to wait, especially when it's city taxpayers who'll be footing the bill.
Not So Fast: First, the injustice we’ve been subjected to should not be a matter of opinion, where we hope a judge will agree with us. It should be a matter fact. Namely, this situation should never have progressed to this point, and ticket amnesty would completely correct this travesty of mismanagement and disorganization. Secondly, how can the authors contend we should pay the entirety of our fines while simultaneously suggesting the laws surrounding amnesty should be updated? And lastly, the fallacy of the Baltimore Scofflaws stealing from city taxpayers has been outlined above.
In conclusion, I would like to say to the authors of this editorial, that for the reasons outlined above, I respectfully disagree.
First, Alisha Marchewka, one of our own Baltimore Scofflaws, was highlighted this morning by Stephen Janis of Investigative Voice. http://www.investigativevoice.com/index.php?option=com_content&view=article&id=369:scofflaws-strike-back-city-judge-waives-1900-in-fines-for-unpaid-tickets&catid=25:the-project&Itemid=44
You should read the story, but essentially Alisha discusses her court date fighting these tickets. Bottom line: it would seem the judge she faced agreed with our plight. She explained her situation, mentioned the letters of delinquency were sent to her old address in Oregon, and the judge stopped her mid-sentence and said, “I believe you.” Waived the fines. Wow. Congrats to Alisha! $1,900 down, perhaps millions to go. It’s also interesting to read just how disorganized the act of getting a trial and understanding her rights ultimately became. Bottom line: Request an officer! Read the story, and you’ll see why.
Some have argued that this should have been our initial recourse. However, given the arbitrary nature of these decisions, coupled with the fact that the law firm told me without the proper documentation and proof of payment, there’s no point to request a trial, I think we still need to push for our goals. Especially for those who no longer live within a convenient distance to Baltimore. I heard one story of a Scofflaw on the West Coast who was told she would have to address each of her four tickets INDIVIDUALLY in court. Whether this is true or not (and I’ll talk about this later), it is troubling that deliberate stumbling blocks are being put in our way to mitigate this situation.
Secondly, following Gus Sentementes’ fantastic story in the Sun on Monday, the paper saw it fit to print an editorial concerning our viewpoint entitled, “Pay Up”. http://www.baltimoresun.com/news/opinion/editorial/bal-ed.parking21apr21,0,3513949.story
Again, I highly recommend reading the opinion before reading my commentary below. I’d like to respond within their space, but I’m not sure how much room I’d get or if it would even run at all. So, I’ll write-up something succinct, send it in, and see if they print it. But in the meantime, let’s look at their argument point by point.
In the Opinion of the Sun: Scofflaw motorists owe Baltimore roughly $181 million in overdue parking fines. That's a potential windfall - about six years' worth of slots revenue once gaming comes to town.
Not So Fast: Last I checked, it was $132 million, but if they found a new number to share with us, even better. Also, a windfall represents an amount of money that one does not expect to have or find, like the $40 million dollars the City of Baltimore just found in its couch cushions like week (http://www.baltimoresun.com/news/local/baltimore_city/bal-cityaccount0415,0,4992609.story). Sadly, the city has publicly stated that we represent a viable revenue stream, so it sounds like less of a windfall and more of a demand. Also, it is illogical to compare the revenue garnered through gambling to the money they are attempting to extract from us. When one places a coin in a slot machine, there is an implicit understanding AT THAT TIME that one’s money could be headed to the state coffers. That person is a willing participant in his game of chance. To view our unknowing government funding as an equivalent participation is myopic and ludicrous.
In the Opinion of the Sun: Or put another way, it's enough to lower the city's property tax rate by nearly 50 cents for one year; right now, city homeowners are picking up the tab for parking violators.
Not So Fast: I wasn’t a math major, but I’d love for someone to explain how a “rate” can be reduced by “50 cents”. I was led to believe a rate, in the manner they are referring (namely a percentage and not a scientific measurement), is a unitless ratio created by dividing two numbers. If anyone can show me how to reduce 20% by 50 cents, you get a gold star. So, I’m not even sure what that number means. Did they mean to say “reduce the rate by 0.5%”? If so, someone in their editorial staff needs to crack an algebra book. Secondly, if it is our contention that the revenue was generated falsely, through either incompetence, deliberate action, or both, then the city should not count on this imaginary, contrived amount of money to reduce the average taxpayer’s burden. Also, I find it hard to believe that even if the city were to collect $132 or $181 million dollars from us, that city homeowners would ever see their “50 cents”, as it would be applied to a city surplus.
UPDATE SINCE PUBLISHING: It would appear I'm wrong on this point, at least the math part anyway.
This was posted by Courtney later that day:
Just a note of clarification for your second editorial point - property tax rates are typically expressed as a dollar amount per $100 of assessed value. Baltimore City, for example, is $2.268 per $100 of assessment (http://www.dat.state.md.us/sdatweb/taxrate.html).
The downside of blogging, with respect to print media, is that one can go back and change whatever one chooses. Namely, correct the past. In the spirit of fairness to our detractors, aside from blatent typos, all prior errors in fact or logic will be preserved as it would be for traditional print media. As an aside.....oops.
In the Opinion of the Sun: The late fees are what get most people in trouble, but given the parlous state of the city's finances now, calls to cap the $16 monthly late fee are premature.
Not So Fast: We have to clear up some vocabulary here first. The word parlous means to be dangerously cunning or shrewd. If the point of the article is to highlight how the city needs our money, then perhaps the city’s finances could best be described as “perilous”, thus making our calls to end the monthly late fees premature. Shrewd is a word that implies some level of planning or execution, which I would say the city has lacked thus far. Secondly, if the Sun is willing to admit the “late fees are what get most people in trouble”, then why not advocate for the benefit of the people rather than the usurious system that is currently in place?
In the Opinion of the Sun: Some motorists weren't notified of outstanding tickets because they changed addresses or live out of state. But much of the money is owed by commercial car rental companies that were left holding the bag for tickets accumulated by their customers. That's where the city should focus the bill collectors' efforts.
Not So Fast: So here, the authors concede leaning on Big Business is acceptable, however, harassing John Q. Public is a little more distasteful. I was under the impression the idea of American democracy was equality for all. Why should a company, which represents substantial tax revenue for the city, receive less sympathy in the face of injustice than me? Or you? Is this the city’s plan for attracting business and law-abiding tax payers to live in Baltimore?
In the Opinion of the Sun: And then there are the habitual scofflaws who simply ignored the citations - they don't deserve much sympathy.
Not So Fast: Agreed. However, they are a lost cause. If they truly don’t want to pay any tickets, why will they care about a letter from a law firm or even having the possibility of their credit ruined? I’ll save you the suspense, their credit is already ruined, and if they just register their cars in the names of other people, what can the city do? Nothing. Again, they cannot in expect this income.
In the Opinion of the Sun: In just three months, the debt collectors have recouped $11.6 million for the city.
Not So Fast: …and made $2.9 million for themselves when they took a 20% cut of the action. I wonder how many cents that would reduce the city’s property tax rate?
In the Opinion of the Sun: Critics think Linebarger, Goggan, Blair & Sampson, a national law firm specializing in government debt collection, is too aggressive because it tracks down violators more efficiently than the city can. But that's why it was hired.
Not So Fast: In this paragraph, the authors are combining two actions that are unrelated. There is no doubt Linebarger is efficient. I don’t think anyone could argue against that point, and frankly, I don’t think it bothers anyone that they were. In fact, I wish the city had been able to do the same years ago! However, “tracking someone down” and “aggressive debt collection” are two different activities. Efficiently finding us is perfectly acceptable. But using harassing phone calls and disseminating false information to scare citizens into payment programs that still accrue late penalties (despite being told to the contrary), is despicable, and these are the actions of which we disapprove.
In the Opinion of the Sun: The firm does offer to work out a payment plan for scofflaws that stops the penalties from accumulating, though drivers could still face restrictions on renewing their license or vehicle registration. And the firm doesn't report to credit bureaus, as some have charged, so an overdue ticket won't affect drivers' credit ratings.
Not So Fast: We’ve addressed these charges above.
In the Opinion of the Sun: Motorists who think they've been ticketed improperly can always go to court, where they are at the mercy of a judge - a sympathetic one, they hope. An amnesty program would help cash-strapped drivers, but a law prevents such relief until 2013, and it needs to be changed. Another four years is too long to wait, especially when it's city taxpayers who'll be footing the bill.
Not So Fast: First, the injustice we’ve been subjected to should not be a matter of opinion, where we hope a judge will agree with us. It should be a matter fact. Namely, this situation should never have progressed to this point, and ticket amnesty would completely correct this travesty of mismanagement and disorganization. Secondly, how can the authors contend we should pay the entirety of our fines while simultaneously suggesting the laws surrounding amnesty should be updated? And lastly, the fallacy of the Baltimore Scofflaws stealing from city taxpayers has been outlined above.
In conclusion, I would like to say to the authors of this editorial, that for the reasons outlined above, I respectfully disagree.
Tuesday, April 21, 2009
The Snowball Continues.....
Got a Facebook message from FOX45 this morning. They wanted to do an interview for their 5PM news. Just wrapped it up, and I think it went really well. Sounds like they'll be focusing more on the website and the group as a whole, but we'll see how they edit it. Wish I didn't wear a hoodie and a Red Sox hat to work today, but I basically wear that everday. How was I supposed to know they'd try and get in touch with me?? They also want me on their morning show tomorrow morning (4/22), so I'll be talking about our cause at 6:50AM. http://www.foxbaltimore.com/
Looks like we're really getting taken seriously. This is happening people!
Again, I'll post more info when I get it.
Looks like we're really getting taken seriously. This is happening people!
Again, I'll post more info when I get it.
Scofflaws Hit the Airwaves
Just wanted to give everyone a heads up. After the Sun story broke yesterday, I received two more interview requests. The first was last night, for WJZ which aired on the 11PM news last night. You can see the clip here: http://wjz.com/local/parking.tickets.2.989850.html . The video is in the upper right hand corner.
One of the questions they asked me, but unfortunately it didn't make the cut, was whether I was afraid to fight City Hall. I replied that it wasn't a problem at all, because I'm not fighting City Hall. We're fighting City Hall. They only had 2 minutes to cover our story (which was more than I thought we'd get, to be honest), and I think they did a pretty good job of distilling the problem down within that period of time.
Today at 2PM I'll be talking with Clarence Mitchell, IV (C4) on 1090AM WBAL radio. Check it out using the links on the right side of this page, and keep telling your friends!
Also, one of our fellow Scofflaws has her court date this morning to fight her tickets. Hopefully all goes well, and she said she'll post her results at the Facebook group. Maybe we can learn something from her experience. I'll make sure to repost any pertinent information here.
The producer at WJZ told me they picked up our story simply because of the traffic the Sun received on their website concerning our story. For a good portion of the day, it was the most viewed AND the most e-mailed story on their entire site, so keep it up! Forward our information around and put us in your Status Update on Facebook.
I was talking to two people in Fed Hill last night while I was grabbing a bite to eat before the interview. I told them our story, they became interested, and now they're joining up simply to support our cause! The more people we get interested, the more traffic we can create, the more opportunities we have to make a difference in this city.
More info when it becomes available.....
One of the questions they asked me, but unfortunately it didn't make the cut, was whether I was afraid to fight City Hall. I replied that it wasn't a problem at all, because I'm not fighting City Hall. We're fighting City Hall. They only had 2 minutes to cover our story (which was more than I thought we'd get, to be honest), and I think they did a pretty good job of distilling the problem down within that period of time.
Today at 2PM I'll be talking with Clarence Mitchell, IV (C4) on 1090AM WBAL radio. Check it out using the links on the right side of this page, and keep telling your friends!
Also, one of our fellow Scofflaws has her court date this morning to fight her tickets. Hopefully all goes well, and she said she'll post her results at the Facebook group. Maybe we can learn something from her experience. I'll make sure to repost any pertinent information here.
The producer at WJZ told me they picked up our story simply because of the traffic the Sun received on their website concerning our story. For a good portion of the day, it was the most viewed AND the most e-mailed story on their entire site, so keep it up! Forward our information around and put us in your Status Update on Facebook.
I was talking to two people in Fed Hill last night while I was grabbing a bite to eat before the interview. I told them our story, they became interested, and now they're joining up simply to support our cause! The more people we get interested, the more traffic we can create, the more opportunities we have to make a difference in this city.
More info when it becomes available.....
Monday, April 20, 2009
Rough Draft of our Letter of Intent
I mentioned in the earlier post today that I'd update our Letter of Intent, and publish it here for comments or concerns. I reread it this afternoon, and I decided it was still pretty close to what we want, so here it is. Please feel free to comment, because the more we edit this together, the more it's OUR letter of intent, and not mine. It just seemed to make sense for someone to get the ball rolling.
To Whom it May Concern,
We would like to petition your support by informing you of a burgeoning social movement within your constituency. Our associates seek a fair settlement with the City of Baltimore to clear our names of violations apparently many years old, in some cases totaling thousands of dollars. We would also appreciate any attempt on your part to champion an end to the usurious regulations City Hall seeks to validate in exacting its interesting brand of social justice. A brief examination of our plight quickly reveals the gross neglect and moral injustice we feel has been perpetrated.
This March, 80,000 current and former citizens of Baltimore received notice from a private law firm to settle 183,000 parking violations worth, in their estimation, $132 million dollars. Many within our group were completely unaware that any violations had been accruing $16/month in delinquency fees, in some cases, for six years without prior notification. With the city requiring less proof for prosecution than it does for personal defense, we have been deemed guilty until proven innocent. Also, with many city judges wondering whether or not they have the right to waive our fines, even if an error can been proven, we find ourselves in judicial purgatory. During these troubling economic times, we consider it a personal affront that the City of Baltimore finds it perfectly natural to seek an average of $1,650 per person to expunge our records of crimes initially valued at $27.
We have discovered all too personally that no limit exists on how much a delinquent violation can be worth to the city. In a troubling turn of events, the city tacitly admitted their incompetence in executing their own guidelines by hiring an independent collection agency. Furthermore, this agency ostensibly proved the city’s ineptitude when they were able to efficiently contact 80,000 people in a matter of weeks. It is our opinion that with no incentive to settle these debts in a timely manner, the city married bureaucratic incompetence with socially irresponsible law to establish a license to print money.
Within the guidelines the city has set forth, one year of neglect concerning 183,000 violations would garner the city an obscene profit of $35,136,000. An amazing feat, considering this would represent more than half of the expected $60 million dollar deficit facing City Hall in 2010. Mayor Dixon’s administration has publicly stated our apparent transgressions represent a viable source of revenue to mitigate this shortfall, which we find comical, as complete compliance with their program would result in a $72 million dollar profit at our expense. However, when one examines the facts, creating $35 million dollars of imaginary revenue during one year of procrastination is not a daunting task, when your fee schedule approximates a one-year APR of 652%.
Consequently, we ask you to join us in achieving our two primary goals. First, for Baltimore to join the ranks of New York City, Chicago, Las Vegas, Birmingham, Greensboro, Lubbock, Fort Wayne, Kansas City, Detroit, Los Angeles, Denver, Albany, Raleigh, Atlanta, Orlando and numerous other counties and municipalities that have offered ticket amnesty programs to those with outstanding debt. We do not doubt the right of the city to exact fines and fees. However, we urge City Hall to exact their authority in a responsible manner as the aforementioned cities have chosen. We have recently discovered that the city has the ability to offer a two-day ticket amnesty every ten years; therefore, our request is not without precedent. In fact, the city of Chicago found their recent amnesty program so successful, it was extended a number of weeks due to the resounding public response and the financial gain afforded to the government without the added cost of lawsuits or private collection agencies.
Secondly, we ask that you use your influence to draft responsible legislation that would effectively close the loophole our city currently possesses to unduly tax its citizens. If the MVA cannot find itself beyond reproach due to the recent allegations of fake parking tickets and recycled license plates, then the populace that stands to suffer from its disorganization should be afforded the benefit of a limited fine structure. Sadly, from the logical standpoint of revenue creation, it is not in the short term interest of our government to end its current practices. Yet, philosophically, we hope you agree that a just government engenders a just populace, and it is our hope that you will join us in achieving this end.
As Americans, we forge a social contract with the government each time we bestow upon its members the responsibility of our rights, livelihood, and well-being in the form of a ballot. We feel this contract as been abused and violated, to the point where the city views its citizens as sources of income, rather than partners in the American experiment. After this embarrassing chapter in the history of our city is written, we hope it is your desire to count yourself among those who made a difference.
To Whom it May Concern,
We would like to petition your support by informing you of a burgeoning social movement within your constituency. Our associates seek a fair settlement with the City of Baltimore to clear our names of violations apparently many years old, in some cases totaling thousands of dollars. We would also appreciate any attempt on your part to champion an end to the usurious regulations City Hall seeks to validate in exacting its interesting brand of social justice. A brief examination of our plight quickly reveals the gross neglect and moral injustice we feel has been perpetrated.
This March, 80,000 current and former citizens of Baltimore received notice from a private law firm to settle 183,000 parking violations worth, in their estimation, $132 million dollars. Many within our group were completely unaware that any violations had been accruing $16/month in delinquency fees, in some cases, for six years without prior notification. With the city requiring less proof for prosecution than it does for personal defense, we have been deemed guilty until proven innocent. Also, with many city judges wondering whether or not they have the right to waive our fines, even if an error can been proven, we find ourselves in judicial purgatory. During these troubling economic times, we consider it a personal affront that the City of Baltimore finds it perfectly natural to seek an average of $1,650 per person to expunge our records of crimes initially valued at $27.
We have discovered all too personally that no limit exists on how much a delinquent violation can be worth to the city. In a troubling turn of events, the city tacitly admitted their incompetence in executing their own guidelines by hiring an independent collection agency. Furthermore, this agency ostensibly proved the city’s ineptitude when they were able to efficiently contact 80,000 people in a matter of weeks. It is our opinion that with no incentive to settle these debts in a timely manner, the city married bureaucratic incompetence with socially irresponsible law to establish a license to print money.
Within the guidelines the city has set forth, one year of neglect concerning 183,000 violations would garner the city an obscene profit of $35,136,000. An amazing feat, considering this would represent more than half of the expected $60 million dollar deficit facing City Hall in 2010. Mayor Dixon’s administration has publicly stated our apparent transgressions represent a viable source of revenue to mitigate this shortfall, which we find comical, as complete compliance with their program would result in a $72 million dollar profit at our expense. However, when one examines the facts, creating $35 million dollars of imaginary revenue during one year of procrastination is not a daunting task, when your fee schedule approximates a one-year APR of 652%.
Consequently, we ask you to join us in achieving our two primary goals. First, for Baltimore to join the ranks of New York City, Chicago, Las Vegas, Birmingham, Greensboro, Lubbock, Fort Wayne, Kansas City, Detroit, Los Angeles, Denver, Albany, Raleigh, Atlanta, Orlando and numerous other counties and municipalities that have offered ticket amnesty programs to those with outstanding debt. We do not doubt the right of the city to exact fines and fees. However, we urge City Hall to exact their authority in a responsible manner as the aforementioned cities have chosen. We have recently discovered that the city has the ability to offer a two-day ticket amnesty every ten years; therefore, our request is not without precedent. In fact, the city of Chicago found their recent amnesty program so successful, it was extended a number of weeks due to the resounding public response and the financial gain afforded to the government without the added cost of lawsuits or private collection agencies.
Secondly, we ask that you use your influence to draft responsible legislation that would effectively close the loophole our city currently possesses to unduly tax its citizens. If the MVA cannot find itself beyond reproach due to the recent allegations of fake parking tickets and recycled license plates, then the populace that stands to suffer from its disorganization should be afforded the benefit of a limited fine structure. Sadly, from the logical standpoint of revenue creation, it is not in the short term interest of our government to end its current practices. Yet, philosophically, we hope you agree that a just government engenders a just populace, and it is our hope that you will join us in achieving this end.
As Americans, we forge a social contract with the government each time we bestow upon its members the responsibility of our rights, livelihood, and well-being in the form of a ballot. We feel this contract as been abused and violated, to the point where the city views its citizens as sources of income, rather than partners in the American experiment. After this embarrassing chapter in the history of our city is written, we hope it is your desire to count yourself among those who made a difference.
Good News Everyone!
First, again, I’d like to thank everyone for their efforts in posting any and all information they have about their cases. We’re getting more visibility, and these stories really help put a face on the financial burden the city is exacting on its current and former citizens.
Secondly, the story we’ve been waiting for has finally hit the newsstands: http://www.baltimoresun.com/news/local/baltimore_city/bal-md.scofflaws20apr20,0,3873907.story
It’s really informative and a great read. I’ve already thanked Gus for doing a fantastic job, and you can too at the following: http://weblogs.baltimoresun.com/business/consuminginterests/blog/ . At one point today, it was the most viewed and the most e-mailed story on the Baltimore Sun website. Clearly, we’ve touched a nerve, and if we keep showing them we’re interested, we should get more press and hopefully some answers. In fact, we’re already reaping the benefits of a higher profile. I received an e-mail from WBAL radio this morning, and I’ll be talking about the story and our situation at 2PM EST on the C4 show. If you’re interested, you can stream it here: http://www.wbal.com/ or listen locally on 1090AM.
And that’s not all! Don’t forget about Stephen Janis and Investigative Voice. He’s still on the case, and he’s published two stories this week highlighting our plight. The first is here: http://www.investigativevoice.com/index.php?option=com_content&view=article&id=309:parking-tickects&catid=25:the-project&Itemid=44
Check it out, as it describes the steps the city may take to really put the screws to us. I’d describe it further, but Stephen does a better job than I could. The second story is here: http://www.investigativevoice.com/index.php?option=com_content&view=article&id=329:ticket-taker&catid=25:the-project&Itemid=44
Some judges think they can waive the fines, some think they can’t. So what’s the real story? Read more at the Investigative Voice. Stephen’s been mentioning our story almost every week on the Ed Norris Show, Tuesdays at 9AM (see the links section to the right for streaming info).
I’ll be working today on a rough draft of our Letter of Intent. I wrote a letter a few weeks ago, but so much as changed since then, it should probably be rewritten. I’ll post it here and on our Facebook page for constructive criticism before I send it out. The more eyeballs we can get on this before we start sending it to elected officials, the better we will articulate our message. One of our new recruits from this morning has offered her services that will allow any of our members to send e-mails to all the elected officials in Baltimore at the same time. This seems like a convenient way to get started, and clog a few inboxes.
I was also fascinated at some of the negative comments we’ve received about our beliefs and goals. It hadn’t really occurred to me that anyone would support the government’s decision to attach a tenuously legal fine structure to a less than accountable MVA ticketing system. But, it would seem that in any political discourse, you are going to find people on both sides of the argument. So, in the spirit of our social experiment, I started a message board thread for dissenters, with the following post:
I was a bit taken back when I received some negative comments about our group following the publication of the story in the Baltimore Sun. I wasn't sure anyone could logically support the regulations the city has in place for tickets and fees. However, it would appear there are those who support the city and their practices. I like to think of this group and our motives as a social experiment in American justice. As with any political discourse, there will be people who fall on either side of the issue. Our American democracy is at its strongest when we argue vehemently over the important issues of the day, as any discourse is better than no discourse. Thus, I invite anyone who supports the city's position to post their ideas, concerns, and questions here. I certainly do not believe any of our viewpoints will change your opinions, but only better inform you of our motivations. Hopefully, by answering your criticisms, we can further sharpen our arguments, and achieve our goals. Supporters and dissenters are equally welcome.
I’d like to think the same freedom applies to this blog and the comment sections it holds. Although, I’d like to make sure all the discourse remains well thought-out and civil. Remarking that we’re a group of whiners who just don’t want to pay their fines doesn’t fall into either of these categories. However, I posted the remark I received via Facebook that sparked the above message thread. Actually, for those who don’t subscribe to Facebook, I’ll post it here too:
Adam made a comment about your link:
"Big late penalties aren't excessive or cruel and unusual. Why should the burden fall on the city to remind you over and over again that you're ignoring a parking ticket? They probably issue hundreds each week. Unless you're completely outrageous, I'm sure you get less than that in a year. It's alot easier for you to remember to pay it thhan it is for the city to keep track of who hasn't paid, how late they are, and then send out reminders. Why should I subsidize your defiance/forgetfulness? You know you got the ticket. It told you there would be penalties for paying late. And you know you didn't pay it. Without stiff late penalties, there's no incentive for people like you to pay their tickets. Even if you honestly forgot, you probably won't next time if you get dinged for $600+ on a $21 ticket. Maybe the city should stop picking up your garbage and then start a facebook group complaining about your angry phone calls 6 months later."
I disagree, but apart from the last line, it's civil and at least follows a thread of logic. In conclusion, we’re making progress. Keep posting your stories. Keep e-mailing elected officials. Forward this blog on to your friends. Support the media outlets covering our situation, and I’ll be in touch with more information when I get it.
Secondly, the story we’ve been waiting for has finally hit the newsstands: http://www.baltimoresun.com/news/local/baltimore_city/bal-md.scofflaws20apr20,0,3873907.story
It’s really informative and a great read. I’ve already thanked Gus for doing a fantastic job, and you can too at the following: http://weblogs.baltimoresun.com/business/consuminginterests/blog/ . At one point today, it was the most viewed and the most e-mailed story on the Baltimore Sun website. Clearly, we’ve touched a nerve, and if we keep showing them we’re interested, we should get more press and hopefully some answers. In fact, we’re already reaping the benefits of a higher profile. I received an e-mail from WBAL radio this morning, and I’ll be talking about the story and our situation at 2PM EST on the C4 show. If you’re interested, you can stream it here: http://www.wbal.com/ or listen locally on 1090AM.
And that’s not all! Don’t forget about Stephen Janis and Investigative Voice. He’s still on the case, and he’s published two stories this week highlighting our plight. The first is here: http://www.investigativevoice.com/index.php?option=com_content&view=article&id=309:parking-tickects&catid=25:the-project&Itemid=44
Check it out, as it describes the steps the city may take to really put the screws to us. I’d describe it further, but Stephen does a better job than I could. The second story is here: http://www.investigativevoice.com/index.php?option=com_content&view=article&id=329:ticket-taker&catid=25:the-project&Itemid=44
Some judges think they can waive the fines, some think they can’t. So what’s the real story? Read more at the Investigative Voice. Stephen’s been mentioning our story almost every week on the Ed Norris Show, Tuesdays at 9AM (see the links section to the right for streaming info).
I’ll be working today on a rough draft of our Letter of Intent. I wrote a letter a few weeks ago, but so much as changed since then, it should probably be rewritten. I’ll post it here and on our Facebook page for constructive criticism before I send it out. The more eyeballs we can get on this before we start sending it to elected officials, the better we will articulate our message. One of our new recruits from this morning has offered her services that will allow any of our members to send e-mails to all the elected officials in Baltimore at the same time. This seems like a convenient way to get started, and clog a few inboxes.
I was also fascinated at some of the negative comments we’ve received about our beliefs and goals. It hadn’t really occurred to me that anyone would support the government’s decision to attach a tenuously legal fine structure to a less than accountable MVA ticketing system. But, it would seem that in any political discourse, you are going to find people on both sides of the argument. So, in the spirit of our social experiment, I started a message board thread for dissenters, with the following post:
I was a bit taken back when I received some negative comments about our group following the publication of the story in the Baltimore Sun. I wasn't sure anyone could logically support the regulations the city has in place for tickets and fees. However, it would appear there are those who support the city and their practices. I like to think of this group and our motives as a social experiment in American justice. As with any political discourse, there will be people who fall on either side of the issue. Our American democracy is at its strongest when we argue vehemently over the important issues of the day, as any discourse is better than no discourse. Thus, I invite anyone who supports the city's position to post their ideas, concerns, and questions here. I certainly do not believe any of our viewpoints will change your opinions, but only better inform you of our motivations. Hopefully, by answering your criticisms, we can further sharpen our arguments, and achieve our goals. Supporters and dissenters are equally welcome.
I’d like to think the same freedom applies to this blog and the comment sections it holds. Although, I’d like to make sure all the discourse remains well thought-out and civil. Remarking that we’re a group of whiners who just don’t want to pay their fines doesn’t fall into either of these categories. However, I posted the remark I received via Facebook that sparked the above message thread. Actually, for those who don’t subscribe to Facebook, I’ll post it here too:
Adam made a comment about your link:
"Big late penalties aren't excessive or cruel and unusual. Why should the burden fall on the city to remind you over and over again that you're ignoring a parking ticket? They probably issue hundreds each week. Unless you're completely outrageous, I'm sure you get less than that in a year. It's alot easier for you to remember to pay it thhan it is for the city to keep track of who hasn't paid, how late they are, and then send out reminders. Why should I subsidize your defiance/forgetfulness? You know you got the ticket. It told you there would be penalties for paying late. And you know you didn't pay it. Without stiff late penalties, there's no incentive for people like you to pay their tickets. Even if you honestly forgot, you probably won't next time if you get dinged for $600+ on a $21 ticket. Maybe the city should stop picking up your garbage and then start a facebook group complaining about your angry phone calls 6 months later."
I disagree, but apart from the last line, it's civil and at least follows a thread of logic. In conclusion, we’re making progress. Keep posting your stories. Keep e-mailing elected officials. Forward this blog on to your friends. Support the media outlets covering our situation, and I’ll be in touch with more information when I get it.
Tuesday, April 7, 2009
Back in the Saddle Again
First, I’d like to thank everyone for their effort and dedication to our group thus far. We’ve had some really great questions and information posted here and at our Facebook group (see links in the side panel), which now totals 53 people. Any and all information, now matter how insignificant it may seem, could be helpful. Even if you just post your fine total and let us know you’re out there, that’s great. Thus far, between our two websites, the Baltimore Scofflaws represent $48,000 in fines. Let that number sink in. $48,000. Want to buy the city a brand new Lexus? How about a 20% down payment on a $240,000 home, assuming you can get a loan these days. Unbelievable. So far, the Baltimore Scofflaws have exceeded any of my expectations, and hopefully we can make a greater difference in the future. There’s a lot of anger out there. Let’s spread the word and keep it boiling. Many of the posts here and at our Facebook group have been forwarded to investigative reporters, trying to crack this riddle. Namely, what’s the city’s recourse? What can they do if we don’t pay? What are the legalities surrounding their actions? Are THEY liable? These are big, challenging, complicated questions, fraught with competing interests and politics, and they take time to answer. But as a group, between our members, the press (especially Stephen Janis of the investigativevoice.com), and the Ed Norris Show here in Baltimore, I’d like to assure you we’re making progress.
Secondly, I’d like to apologize. I’ve been reticent to post any information lately because I’ve been told a story will be coming out soon in the Baltimore Sun discussing our case. I didn’t want to step on the story’s toes, and jeopardize a high level of exposure for our cause. I thought greater exposure would equal greater pressure, so I didn’t want to put that at risk. But that was almost three weeks ago. I have it on good assurance that the story is thorough, provocative, and based on this reporter’s previous work, well investigated and well written. The tardiness of its publication is through no fault of the reporter’s efforts or desire. Unfortunately, this situation has only highlighted the challenges facing our traditional print media. It’s disappointing that this story isn’t “sexy” enough to be made a priority by those who determine what you see and what you don’t see in the news. A cop didn’t beat a kid in our story. No one was murdered. In light of all this, it’s amazing that University of Maryland students watching a porno has made the front page almost everyday for a week. I guess sex sells. “College Kids Watch Porno”. This is a shocker? Is this the Baltimore Sun or The Onion?? But a concern, a REAL concern, over something that could be RUINING people across the state, and apparently across the country, isn’t given its due. Parking tickets, corruption at the MVA, BGE gouging its “customers” (are we really customers if we don’t have a choice? We’ll have to work on the nomenclature). These problems effect everyone, and in devastating ways. So, from now on, I’ll do a better job of posting information when I get it, and when this higher profile story comes out, it comes out and will add to the fire.
I’ve been reading on our message board that people are sending e-mails to city council members, the mayor’s office, MVA, etc. Keep it up! The more information we can gather, the better. Someone is bound to slip up and give us more information than apparently we are due. Also, Dipta, a member on the Facebook group, has posted the names and quotations of all the people who are current city council members who supported ticket amnesty during their campaigns. If you can’t access it from our side panel of links, I’ll post it here later if people are interested. Let’s make them hold up their end of the bargain they sold us to get elected. We’ve discovered that laws are in place for ticket amnesty programs, but we are not due one for awhile. I’m sorry, are these immutable laws of nature handed down from the Creator? Are these chiseled into stone tablets in Mayor Dixon’s office? You people make the laws! And last I checked, you make the laws for US…not you! Change them!
I’ve also received some interesting information concerning the 8th Amendment, which I have posted in the title bar above. Because the 8th Amendment deals with cruel and unusual punishment, the vast majority of the cases the Supreme Court has heard concerning this amendment involve the death penalty. There has been only one challenge of the Excessive Fines clause, which you can read about here: http://en.wikipedia.org/wiki/United_States_v._Bajakajian
It would appear that Mr. Bajakajian decided to take $350K out of the country without declaring it. US Customs said they can seize any property that has been “smuggled”, and seized the cash as property, despite a maximum financial penalty of $5,000 for such a crime. For the sake of time and space, I won’t go into it further, but I highly recommend reading the page linked above. Suffice it to say, he won. Although narrowly.
Now, I’ve been told that if I attempted to defend myself in court citing the 8th Amendment that I will lose. Quickly. Later, it was brought to my attention that this is why: http://findarticles.com/p/articles/mi_qn4183/is_20090126/ai_n31294477
There’s already a precedent. Someone tried it already…here in Baltimore…concerning this round of tickets. Again, I highly suggest reading the whole report (it’s about four pages, keep an eye out for the page tabs near the bottom). I’m no lawyer, but here’s what I gather from it:
Fact: The fine itself was not constitutionally excessive. $27 for a parking ticket is not “grossly disproportionate”.
My Opinion: Fair enough. I think we’d all agree with that.
Fact: The penalty’s rate of accrual was not constitutionally excessive. The first late payment of $16 only represented a 70% increase in the total fine. Thus, each successive penalty represented a smaller and smaller proportion of the whole. In fact, by months 30 and 31 of his delinquency, the percent increase of the total fine was only 3.2%. “That rate of accrual could not be considered grossly disproportional to the underlying offense of nonpayment.”
My Opinion: What?!??! First of all, the State of Maryland should buy a calculator, because $16 added to $27 represents a 59% increase, not 70%. So, that’s awesome. We’re about to get a math lesson from idiots. Secondly, this logic implies that the ultimate total of the penalty is inconsequential. I think I speak for us all when I say that we are not arguing that $16 per month for non-payment is an excessive fine. We are stating that under no uncertain terms should a system be in place that allows a $27 fine to EVER become a $1,000 liability or worse. If it is a concern of the city that the $16 fee should represent a smaller and smaller percentage of the whole, and the resulting total is inconsequential, then why bother adding it monthly? Why not everyday? Under the constitutional guidelines set forth above, you could add the $16 on a daily basis and make a $27 parking ticket worth $491 in one month! Perfectly legal! In fact, it would be MORE legal. Look! The percent increase on Day 30 was only 3.4%! Does this explain scare the crap out of anyone else?
Fact: “Finally, the mere fact the late payment penalty had the potential to continue ad infinitem did not make it grossly disproportional. Wemhoff was informed multiple times that a late payment penalty was accruing, and he took no steps either to pay the fine and associated late fees or to contact the City to make arrangements to pay”. However, Wemhoff argued he did not receive Due Process because he never received any notification. Yet, it was found that “here, the City provided constitutionally adequate notice of the original citation and right to appear in court to contest it by placing the citation on Wemhoff's vehicle and through multiple payment reminders sent to his home.”
My Opinion: Let me get this straight. All the city has to do is send notification. Somewhere. Anywhere. And as long as they can prove that’s where they thought you were, that’s enough??? I have a question. When my car was impounded because the city deemed it legally abandoned (another story all together), why did I have to sign for the letter notifying me the city had my car? By the way, the letter was a week late, while my car was accruing $25/day for storage….but again, that’s another story. Why was a return receipt requested in that matter, but not this one? Wouldn’t THIS be the proof the city should be required to provide that due process was achieved?
Fact: “In the instant case, the City's interests in ensuring full compliance with the law outweighed Wemhoff's property interests. Furthermore, the risk of erroneous deprivation of property was slight because the law provided for the opportunity for a pre- deprivation hearing, of which Wemhoff was notified by the original citation. Given the weight of the City's interest in law enforcement, the comparably less substantial weight of Wemhoff's particular property interest, and the negligible risk of error, it was found that, on balance, that the process was constitutionally adequate.”
Translation: If we don’t make an example of you, Mr. Wemhoff, people might not be scared of us. And if people aren’t scared of us, they won’t pay their fines. So in the interest of public revenue, cough up your $300. After all, your “property interest” is of little concern us, especially when you weigh it against the possibility of people actually standing up for themselves and scaring the daylights out of those in power.
My Opinion: Wow. I’ve heard better justification for protection rackets on the Sopranos. And who are they kidding? A negligible risk of error? Are they serious? The MVA and the City of Baltimore has provided a level of public service such that they deserve our assurance they operate with a “negligible risk of error”? Here: http://www.investigativevoice.com/index.php?option=com_content&view=article&id=265:full-plate-motorists-raise-questions-about-tag-safety&catid=25:the-project&Itemid=44 . Go down to Pigtown today. It’s right by Camden Yards. Hop the fence and grab a plate. Fill the holes they punched for our safety with white silly putty or caulk, strap them on your car, and park wherever you want. Go sick. See how many tickets you can accumulate in one day. Make a game out of it, and then screw some poor Maryland motorist with thousands in fines who simply followed the law by turning in their tags. Negligible risk of error.
I could go on all day about the opinion on this case, but if you’ve read this far, you’re probably motivated enough to read the finding yourself. So, in summary, we’re doing a great job. Keep up the good work everyone. E-mail this blog to your friends. Put our group in your Status Update on Facebook. Keep e-mailing people in positions of authority. Alone we stood no chance, but together I truly believe we can make a difference. A couple days ago “Kicked in the Teeth” by AC/DC shuffled up on my iPod while I was thinking about our plight, and I couldn’t stop laughing. Since then I’ve been listening to it all week, using it for motivation to keep fighting. If you listen to the lyrics, they are particularly hilarious given our current situation and administration. Give it a listen http://www.youtube.com/watch?v=jUT99a6UR0A and have a laugh. I think you’ll know why.
Secondly, I’d like to apologize. I’ve been reticent to post any information lately because I’ve been told a story will be coming out soon in the Baltimore Sun discussing our case. I didn’t want to step on the story’s toes, and jeopardize a high level of exposure for our cause. I thought greater exposure would equal greater pressure, so I didn’t want to put that at risk. But that was almost three weeks ago. I have it on good assurance that the story is thorough, provocative, and based on this reporter’s previous work, well investigated and well written. The tardiness of its publication is through no fault of the reporter’s efforts or desire. Unfortunately, this situation has only highlighted the challenges facing our traditional print media. It’s disappointing that this story isn’t “sexy” enough to be made a priority by those who determine what you see and what you don’t see in the news. A cop didn’t beat a kid in our story. No one was murdered. In light of all this, it’s amazing that University of Maryland students watching a porno has made the front page almost everyday for a week. I guess sex sells. “College Kids Watch Porno”. This is a shocker? Is this the Baltimore Sun or The Onion?? But a concern, a REAL concern, over something that could be RUINING people across the state, and apparently across the country, isn’t given its due. Parking tickets, corruption at the MVA, BGE gouging its “customers” (are we really customers if we don’t have a choice? We’ll have to work on the nomenclature). These problems effect everyone, and in devastating ways. So, from now on, I’ll do a better job of posting information when I get it, and when this higher profile story comes out, it comes out and will add to the fire.
I’ve been reading on our message board that people are sending e-mails to city council members, the mayor’s office, MVA, etc. Keep it up! The more information we can gather, the better. Someone is bound to slip up and give us more information than apparently we are due. Also, Dipta, a member on the Facebook group, has posted the names and quotations of all the people who are current city council members who supported ticket amnesty during their campaigns. If you can’t access it from our side panel of links, I’ll post it here later if people are interested. Let’s make them hold up their end of the bargain they sold us to get elected. We’ve discovered that laws are in place for ticket amnesty programs, but we are not due one for awhile. I’m sorry, are these immutable laws of nature handed down from the Creator? Are these chiseled into stone tablets in Mayor Dixon’s office? You people make the laws! And last I checked, you make the laws for US…not you! Change them!
I’ve also received some interesting information concerning the 8th Amendment, which I have posted in the title bar above. Because the 8th Amendment deals with cruel and unusual punishment, the vast majority of the cases the Supreme Court has heard concerning this amendment involve the death penalty. There has been only one challenge of the Excessive Fines clause, which you can read about here: http://en.wikipedia.org/wiki/United_States_v._Bajakajian
It would appear that Mr. Bajakajian decided to take $350K out of the country without declaring it. US Customs said they can seize any property that has been “smuggled”, and seized the cash as property, despite a maximum financial penalty of $5,000 for such a crime. For the sake of time and space, I won’t go into it further, but I highly recommend reading the page linked above. Suffice it to say, he won. Although narrowly.
Now, I’ve been told that if I attempted to defend myself in court citing the 8th Amendment that I will lose. Quickly. Later, it was brought to my attention that this is why: http://findarticles.com/p/articles/mi_qn4183/is_20090126/ai_n31294477
There’s already a precedent. Someone tried it already…here in Baltimore…concerning this round of tickets. Again, I highly suggest reading the whole report (it’s about four pages, keep an eye out for the page tabs near the bottom). I’m no lawyer, but here’s what I gather from it:
Fact: The fine itself was not constitutionally excessive. $27 for a parking ticket is not “grossly disproportionate”.
My Opinion: Fair enough. I think we’d all agree with that.
Fact: The penalty’s rate of accrual was not constitutionally excessive. The first late payment of $16 only represented a 70% increase in the total fine. Thus, each successive penalty represented a smaller and smaller proportion of the whole. In fact, by months 30 and 31 of his delinquency, the percent increase of the total fine was only 3.2%. “That rate of accrual could not be considered grossly disproportional to the underlying offense of nonpayment.”
My Opinion: What?!??! First of all, the State of Maryland should buy a calculator, because $16 added to $27 represents a 59% increase, not 70%. So, that’s awesome. We’re about to get a math lesson from idiots. Secondly, this logic implies that the ultimate total of the penalty is inconsequential. I think I speak for us all when I say that we are not arguing that $16 per month for non-payment is an excessive fine. We are stating that under no uncertain terms should a system be in place that allows a $27 fine to EVER become a $1,000 liability or worse. If it is a concern of the city that the $16 fee should represent a smaller and smaller percentage of the whole, and the resulting total is inconsequential, then why bother adding it monthly? Why not everyday? Under the constitutional guidelines set forth above, you could add the $16 on a daily basis and make a $27 parking ticket worth $491 in one month! Perfectly legal! In fact, it would be MORE legal. Look! The percent increase on Day 30 was only 3.4%! Does this explain scare the crap out of anyone else?
Fact: “Finally, the mere fact the late payment penalty had the potential to continue ad infinitem did not make it grossly disproportional. Wemhoff was informed multiple times that a late payment penalty was accruing, and he took no steps either to pay the fine and associated late fees or to contact the City to make arrangements to pay”. However, Wemhoff argued he did not receive Due Process because he never received any notification. Yet, it was found that “here, the City provided constitutionally adequate notice of the original citation and right to appear in court to contest it by placing the citation on Wemhoff's vehicle and through multiple payment reminders sent to his home.”
My Opinion: Let me get this straight. All the city has to do is send notification. Somewhere. Anywhere. And as long as they can prove that’s where they thought you were, that’s enough??? I have a question. When my car was impounded because the city deemed it legally abandoned (another story all together), why did I have to sign for the letter notifying me the city had my car? By the way, the letter was a week late, while my car was accruing $25/day for storage….but again, that’s another story. Why was a return receipt requested in that matter, but not this one? Wouldn’t THIS be the proof the city should be required to provide that due process was achieved?
Fact: “In the instant case, the City's interests in ensuring full compliance with the law outweighed Wemhoff's property interests. Furthermore, the risk of erroneous deprivation of property was slight because the law provided for the opportunity for a pre- deprivation hearing, of which Wemhoff was notified by the original citation. Given the weight of the City's interest in law enforcement, the comparably less substantial weight of Wemhoff's particular property interest, and the negligible risk of error, it was found that, on balance, that the process was constitutionally adequate.”
Translation: If we don’t make an example of you, Mr. Wemhoff, people might not be scared of us. And if people aren’t scared of us, they won’t pay their fines. So in the interest of public revenue, cough up your $300. After all, your “property interest” is of little concern us, especially when you weigh it against the possibility of people actually standing up for themselves and scaring the daylights out of those in power.
My Opinion: Wow. I’ve heard better justification for protection rackets on the Sopranos. And who are they kidding? A negligible risk of error? Are they serious? The MVA and the City of Baltimore has provided a level of public service such that they deserve our assurance they operate with a “negligible risk of error”? Here: http://www.investigativevoice.com/index.php?option=com_content&view=article&id=265:full-plate-motorists-raise-questions-about-tag-safety&catid=25:the-project&Itemid=44 . Go down to Pigtown today. It’s right by Camden Yards. Hop the fence and grab a plate. Fill the holes they punched for our safety with white silly putty or caulk, strap them on your car, and park wherever you want. Go sick. See how many tickets you can accumulate in one day. Make a game out of it, and then screw some poor Maryland motorist with thousands in fines who simply followed the law by turning in their tags. Negligible risk of error.
I could go on all day about the opinion on this case, but if you’ve read this far, you’re probably motivated enough to read the finding yourself. So, in summary, we’re doing a great job. Keep up the good work everyone. E-mail this blog to your friends. Put our group in your Status Update on Facebook. Keep e-mailing people in positions of authority. Alone we stood no chance, but together I truly believe we can make a difference. A couple days ago “Kicked in the Teeth” by AC/DC shuffled up on my iPod while I was thinking about our plight, and I couldn’t stop laughing. Since then I’ve been listening to it all week, using it for motivation to keep fighting. If you listen to the lyrics, they are particularly hilarious given our current situation and administration. Give it a listen http://www.youtube.com/watch?v=jUT99a6UR0A and have a laugh. I think you’ll know why.
Wednesday, March 18, 2009
More investigativevoice, Ed Norris, and the Baltimore Sun
Well, Scofflaws, we’ve got a promising week ahead of us, so let’s get everyone up to speed.
March 16th
- The follow-up story by Stephen Janis was posted on investigativevoice.com . I’m not going to spend anytime summarizing it because, well…..you should read it for yourself. Really great stuff. It’s interesting that a member of the City Council agreed with us in principle, but was told to drop it. Hopefully we can get more council members on board, then Councilman Henry wouldn’t feel so exposed sticking his neck out alone.
- I wrote a rough draft of our contact letter. If we’re going to communicate with elected officials in writing, I felt like we needed a standard letter that we can send out stating our intentions, our goals, and our hope that they join us in our fight. I’ve e-mailed it to a few friends of mine for some constructive criticism, and I’ll post it once it’s closer to a final draft. After I post it, I’m hoping everyone can pitch in with their ideas, critiques, etc. I really want to emphasize that this is our letter, not my letter.
- Turns out City Council was meeting that afternoon, so I swung by City Hall on my way home. I wanted to get a better idea of what we’re dealing with, and put a few names with their faces. It was really fascinating. I sat in the back for about 20 minutes, and I’m not sure anything was accomplished in the time I was there. Now, I understand they need to formally propose legislation, then recommend it to a committee for investigation and further discussion. There wasn’t much debate, and the majority of the motions were commonsense stuff. Consequently, most of what I saw was pomp and circumstance. However, I thought it was really fascinating when the topic of Verizon FIOS was broached. A number of the City Council members leapt up and emphatically supported Verizon, stating it’s the wave of the future, and we need to let Comcast know they’re not the only game in town. Maybe it’s the cynic in me, but nobody has to disclose whether or not Verizon has contacted or supported them financially? I had to wonder about the zeal with which these effusive statements were being made. I’m not suggesting Verizon is paying them off, far from it. But, wouldn’t these recommendations carry more weight if such a disclaimer was made? The practice of lobbying makes much more sense once you watch the machine work unfettered. Really fascinating.
March 17th
- Drove over to CBS Radio and did a quick spot on the Ed Norris Show along with Stephen Janis. Stephen has a weekly spot and was nice enough to bring me along to give our cause a little more exposure. I used a line from the letter I wrote yesterday, and Ed really loved it. Here’s the line from the letter: It is our opinion that with no incentive to settle these debts in a timely manner, the city has married incompetence with socially irresponsible law establishing a license to print money. Ed loved it. He really felt like that line encapsulates many of the problems this city faces. Maynard, his co-host, suggested we translate it into Latin and put it around the official city seal. He challenged the listeners to e-mail the translation, which was done in short order. Ed took a few calls, which were great, but unfortunately no one directly affected by this round of violations made it in. After the interview, I asked Ed off the air if he had any advice, to which he replied, “Yeah. Be careful.” Awesome. That’s exactly what I wanted to hear.
- About two hours after the radio spot, I received an e-mail from the Baltimore Sun. I did a quick interview over the phone, and the reporter said he’d get right on it. Also received an e-mail from examiner.com and they were nice enough to post an unsolicited link to this blog and our Facebook group.
So it looks like we’re gaining steam. We’re getting more stories from fellow Baltimore Scofflaws everyday now that we’ve gone multimedia. Maybe we can have a contest to see who has the highest fine? Sadly, the winner in this case would only be the biggest loser, but it could be fun. I think the frontrunner so far is $4,000, although I read a story from a few years past that someone got hit for $9,000, just not during this round of notices. If anyone hears anything about more Scofflaws, send them this way. If anyone receives more information about their case, post it here. When you hit the town this weekend, talk about our group. Every once in awhile, put our information in your status update on Facebook or your MySpace page. Get the buzz going. Now that our story is garnering some attention, these testimonials will matter more and more as we put a human face on this atrocity.
March 16th
- The follow-up story by Stephen Janis was posted on investigativevoice.com . I’m not going to spend anytime summarizing it because, well…..you should read it for yourself. Really great stuff. It’s interesting that a member of the City Council agreed with us in principle, but was told to drop it. Hopefully we can get more council members on board, then Councilman Henry wouldn’t feel so exposed sticking his neck out alone.
- I wrote a rough draft of our contact letter. If we’re going to communicate with elected officials in writing, I felt like we needed a standard letter that we can send out stating our intentions, our goals, and our hope that they join us in our fight. I’ve e-mailed it to a few friends of mine for some constructive criticism, and I’ll post it once it’s closer to a final draft. After I post it, I’m hoping everyone can pitch in with their ideas, critiques, etc. I really want to emphasize that this is our letter, not my letter.
- Turns out City Council was meeting that afternoon, so I swung by City Hall on my way home. I wanted to get a better idea of what we’re dealing with, and put a few names with their faces. It was really fascinating. I sat in the back for about 20 minutes, and I’m not sure anything was accomplished in the time I was there. Now, I understand they need to formally propose legislation, then recommend it to a committee for investigation and further discussion. There wasn’t much debate, and the majority of the motions were commonsense stuff. Consequently, most of what I saw was pomp and circumstance. However, I thought it was really fascinating when the topic of Verizon FIOS was broached. A number of the City Council members leapt up and emphatically supported Verizon, stating it’s the wave of the future, and we need to let Comcast know they’re not the only game in town. Maybe it’s the cynic in me, but nobody has to disclose whether or not Verizon has contacted or supported them financially? I had to wonder about the zeal with which these effusive statements were being made. I’m not suggesting Verizon is paying them off, far from it. But, wouldn’t these recommendations carry more weight if such a disclaimer was made? The practice of lobbying makes much more sense once you watch the machine work unfettered. Really fascinating.
March 17th
- Drove over to CBS Radio and did a quick spot on the Ed Norris Show along with Stephen Janis. Stephen has a weekly spot and was nice enough to bring me along to give our cause a little more exposure. I used a line from the letter I wrote yesterday, and Ed really loved it. Here’s the line from the letter: It is our opinion that with no incentive to settle these debts in a timely manner, the city has married incompetence with socially irresponsible law establishing a license to print money. Ed loved it. He really felt like that line encapsulates many of the problems this city faces. Maynard, his co-host, suggested we translate it into Latin and put it around the official city seal. He challenged the listeners to e-mail the translation, which was done in short order. Ed took a few calls, which were great, but unfortunately no one directly affected by this round of violations made it in. After the interview, I asked Ed off the air if he had any advice, to which he replied, “Yeah. Be careful.” Awesome. That’s exactly what I wanted to hear.
- About two hours after the radio spot, I received an e-mail from the Baltimore Sun. I did a quick interview over the phone, and the reporter said he’d get right on it. Also received an e-mail from examiner.com and they were nice enough to post an unsolicited link to this blog and our Facebook group.
So it looks like we’re gaining steam. We’re getting more stories from fellow Baltimore Scofflaws everyday now that we’ve gone multimedia. Maybe we can have a contest to see who has the highest fine? Sadly, the winner in this case would only be the biggest loser, but it could be fun. I think the frontrunner so far is $4,000, although I read a story from a few years past that someone got hit for $9,000, just not during this round of notices. If anyone hears anything about more Scofflaws, send them this way. If anyone receives more information about their case, post it here. When you hit the town this weekend, talk about our group. Every once in awhile, put our information in your status update on Facebook or your MySpace page. Get the buzz going. Now that our story is garnering some attention, these testimonials will matter more and more as we put a human face on this atrocity.
Sunday, March 15, 2009
Better late than never....
Wow. The Baltimore Scofflaws have been in existence for one week, and we’re already making progress. I’ll quickly bring everyone up to speed so future posts will be more current.
March 9th
- Called the Baltimore Sun to see if they were interested in the story. The Day Editor for the City Desk said he hadn’t heard anything about this, and a reporter would look into it on Wednesday. He mentioned that he liked the angle of people using the internet to unite for a common cause.
- Called my state delegate’s office to see what his people thought about the situation we found ourselves in. His Annapolis phone number went straight to voicemail and told me to call his local office. So I called his local office number….which went straight to voicemail and told me to call his Annapolis office. Hilarious.
- Called my state senator’s office. I was shocked when I actually talked to his secretary, and wasn’t given the voicemail two-step. I explained our situation, and she even admitted there are probably a lot of people within our ranks who were wrongly accused. Despite the likely injustices, she informed me the senator probably would not be able to help, as our situation was under the purvey of city regulations, and the senator only makes laws. I wondered aloud, “What if I find the city’s regulations to be unjust, and a law needs to be made to change them?” Silence. “You should probably just send an e-mail to the senator.” Again, I wondered, “Who answers the senator’s e-mail?” To which she promptly replied, “I do!” Awesome.
- Called my US Congressman. Left a message and they called me back later that afternoon. They were very forthright about giving me the proper contact information. If I wanted the congressman to get involved, I’d need to send a letter to his Chief of Staff. Easy enough.
March 10th
- Started e-mailing different websites in the Baltimore Blogosphere to see if they were interested in the story. Within an hour, Stephen Janis from investigativevoice.com e-mailed me back.
March 11th
- Talked with Stephen on the phone, and explained our plight. He was very interested in the story and wanted to meet.
March 12th
- Met with Stephen, he took a few pictures and took any information that I had gathered regarding ticket amnesty programs, the numbers I’d crunched concerning the city’s clever attempt at extortion, and any stories I’d gathered so far of other people screwed along the way.
March 13th
- The first report of our story hits the web, thanks to Stephen Janis. He also mentioned I should join him on the Ed Norris Show this Tuesday morning. No problem.
Word has it our story may have stirred the pot, so keep telling other Baltimore Scofflaws about our burgeoning community, and stay tuned for the latest. Thanks for everyone’s support, advice, and commitment thus far.
March 9th
- Called the Baltimore Sun to see if they were interested in the story. The Day Editor for the City Desk said he hadn’t heard anything about this, and a reporter would look into it on Wednesday. He mentioned that he liked the angle of people using the internet to unite for a common cause.
- Called my state delegate’s office to see what his people thought about the situation we found ourselves in. His Annapolis phone number went straight to voicemail and told me to call his local office. So I called his local office number….which went straight to voicemail and told me to call his Annapolis office. Hilarious.
- Called my state senator’s office. I was shocked when I actually talked to his secretary, and wasn’t given the voicemail two-step. I explained our situation, and she even admitted there are probably a lot of people within our ranks who were wrongly accused. Despite the likely injustices, she informed me the senator probably would not be able to help, as our situation was under the purvey of city regulations, and the senator only makes laws. I wondered aloud, “What if I find the city’s regulations to be unjust, and a law needs to be made to change them?” Silence. “You should probably just send an e-mail to the senator.” Again, I wondered, “Who answers the senator’s e-mail?” To which she promptly replied, “I do!” Awesome.
- Called my US Congressman. Left a message and they called me back later that afternoon. They were very forthright about giving me the proper contact information. If I wanted the congressman to get involved, I’d need to send a letter to his Chief of Staff. Easy enough.
March 10th
- Started e-mailing different websites in the Baltimore Blogosphere to see if they were interested in the story. Within an hour, Stephen Janis from investigativevoice.com e-mailed me back.
March 11th
- Talked with Stephen on the phone, and explained our plight. He was very interested in the story and wanted to meet.
March 12th
- Met with Stephen, he took a few pictures and took any information that I had gathered regarding ticket amnesty programs, the numbers I’d crunched concerning the city’s clever attempt at extortion, and any stories I’d gathered so far of other people screwed along the way.
March 13th
- The first report of our story hits the web, thanks to Stephen Janis. He also mentioned I should join him on the Ed Norris Show this Tuesday morning. No problem.
Word has it our story may have stirred the pot, so keep telling other Baltimore Scofflaws about our burgeoning community, and stay tuned for the latest. Thanks for everyone’s support, advice, and commitment thus far.
Tuesday, March 10, 2009
Day Two
I’m going to cover more back story today, because I want everyone be involved in every step we make. Explaining some of the decisions I’ve made so far will help explain the events to come.
On March 7th, I wrote the Ed Norris Show. For those who don’t live in Baltimore, he’s the former police commissioner who was railroaded on trumped up charges, so he typically has an ax to grind with government and how it functions. His show mostly involves local current events and tossing in his two cents on the crime epidemic facing this city. I figured if anyone would be interested in spreading the word it would be his staff. I sent a lengthy e-mail, detailing the situation, some of which I’m posting below:
Re: Where’s the outrage???
[I basically explained the situation as I did in yesterday’s post, then added…]
They told me they sent out "at least four notices", none of which I received. Why? Because my tags were from Virginia, thus they most likely sent four notices to my Virginia address that were never forwarded to my Maryland address. I was told they were "returned". Really? So, first the city has been wasting tax payer's money out of either incompetence or laziness or both to send three more letters to 80,000 people after the first was returned, which I estimate would cost $170,000 in postage, paper, envelopes, and toner (not including the man-hours for printing and stuffing the envelopes). But here are my two biggest problems: 1. There's no cap for the fees. Is a $600 fine justifiable at any time no matter how late for a $27 crime??? And further more, if the city can legally look the other way, hide behind the excuse of "Well, we tried to find you" without providing ANY of the proof we are required to overturn THEIR decision, why would they try to find you at all??? Where's the motivation? If you could make an extra 132 million dollars by simply dragging your feet and throwing letters at a brick wall, wouldn't you??? I know I would! By turning these accounts over to collection agencies the city has tacitly admitted they are completely incompetent, and then proved it because these businesses were able to find and properly contact 80,000 in a matter of weeks. If these fines were capped, we would have been contacted YEARS ago, because then the city would have the motivation to collect the maximum allowable penalty BY LAW, once they had reached that point. Isn't it fascinating that we've hit an economic crisis, and I'm sure the city is finding itself in a shortfall, and they take the opportunity NOW to cash in their 132 million dollar lottery ticket to cover the difference? Amazing.2. By my math, adding $16 per month to a $27 fine for just over three years is equivalent to a compound interest rate of 176%. I understand that the longer the fines are assessed in their manner, the compounding interest rate will effectively seem to drop. But, if they had contacted me 5 years past due, I would owe $987 on $27, which would be the equivalent of a compound interest rate of 105%. Or why not wait 10 years for $1,947 on $27 (interest rate 53%). How is this not usury? And how can I invest some money in this system? Wouldn't it be fantastic? I'll give the city $5,000, and using the system they've applied to me, I can have $105,122.88 in three years!!!
Now they want me to bend over again, and take it to the tune of $600!!! I've had it. We need to organize. We need to stand together and fight this as a group. Individually we have no power, but if we can band together and get Sheila Dixon's name attached to this miscarriage of justice, maybe we can get somewhere. We have the numbers (80,000 potential members), the motivation ($132 million dollars being vacuumed from our neighborhoods during a time of economic crisis), and the means (media, internet, social networking sites) to get something done. The way I see it the problem is two-fold: 1. we need to address the current financial issue and settle the predicament the city has caused. I have no problem paying the city for something I have done, but there needs to be a fair compromise. 2. new legislation to prevent this from happening again. Specifically, caps on accrued fines. You want that cap to be higher for more substantial fines? OK. But there has to be something. Understand the city needs to make a buck, and a quick way of doing it is late fees. But the power which they have afforded themselves needs to be checked.I hate to get preachy, but our founding fathers fought a war against tyranny, and the straw that broke the camel's back was a tax on their freakin' breakfast drink. How would they have reacted to this? When I thought I was alone in this matter, I was willing to take it, just like the rest of the garbage I've been force fed from this administration. But when I found out there's 80,000 of us, I felt empowered. I think we've lost the revolutionary spirit this country was founded on, and we as a people have become resigned to doing whatever the government tells us to do, no matter how ludicrous. Unless we stand up and show them we're not going to take it anymore, we'll continue to get bullied. Perhaps now, with the economy in the tank and people losing their jobs, this is the time to make some change.If I'm the only one contacting the show, then disregard this, and I thank you for reading up to this point. But if there's more, if you're getting hundreds of e-mails like this, that means there's probably thousands who haven't expressed their outrage. I always felt like this show meant something, and inspired people to get involved and make their community a better place, and maybe this is an expression of just that. But how do we make that expression more lasting? Changing the laws? Inspiring new legislation? Sounds good to me.
What do you want to do?
Thanks for your time, consideration, and any advice you can give me to get the ball rolling,
Jason
The next day, I realized I was putting the horse ahead of the cart. Even if he did show an interest, what were we going to talk about? Me? How angry I was? What was the point? I called a couple friends from college who are now lawyers, to get their take on the situation. I can be a little hot-headed from time to time, so I wanted to know, was I overreacting? Both agreed the situation is intolerable. In fact, before I’d even told one of them what I was planning to do, he simply said, “Well…..looks like you’ve got a Tea Party on your hands.” Exactly.
One of my friends suggested I contact my local representatives in Annapolis; the other suggested I contact the local paper and write an editorial to publicize the issue. I thought both were great ideas. But first, if I was to do either, I needed something to point to. A place for us to build a community so when I write a letter to a representative, or talk to a reporter, I don’t have to say me. I can say us. So I started the Baltimore Scofflaws Facebook group. The introduction is posted below:
Last week, we the current and former citizens of Baltimore were informed the city will be extorting us to fill its dwindling coffers. Their weapon of choice comes in the form of excessive late fees associated with a variety of parking tickets, in some cases, many years old. According to NBC, 80,000 of us have been contacted concerning 183,000 citations totaling $132 million dollars. Some of us have now been individually saddled with THOUSANDS of dollars in fines to ease City Hall's debt. Despite the government's assurances, we feel due diligence was not taken to inform us of our apparent transgressions, and we are furious the city views our bank accounts as their personal ATMs, for which THEY write the rules for withdrawal. With no limits on how much they can fine, coupled with their clear incompetence in settling the matter, the city has ostensibly issued itself a license to print money. Are we to sit back and allow this? Clearly, Sheila Dixon views her constituents as either too stupid, too afraid, or both to band together and fight this injustice, otherwise she and her associates would never have approved such an action. Alone, we stand no chance to reverse the financial misfortune she intends to inflict, but together we wield the power of democracy. Hopefully, this group can serve as a foundation for change. Tell us your story, and then tell a fellow Baltimore Scofflaw to join our ranks. Let's start a record, and let's find our critical mass for social change. Anyone directly related to this catastrophe or anyone interested in watching how this train wreck unfolds is welcome.
That’s probably enough for today, more tomorrow….
On March 7th, I wrote the Ed Norris Show. For those who don’t live in Baltimore, he’s the former police commissioner who was railroaded on trumped up charges, so he typically has an ax to grind with government and how it functions. His show mostly involves local current events and tossing in his two cents on the crime epidemic facing this city. I figured if anyone would be interested in spreading the word it would be his staff. I sent a lengthy e-mail, detailing the situation, some of which I’m posting below:
Re: Where’s the outrage???
[I basically explained the situation as I did in yesterday’s post, then added…]
They told me they sent out "at least four notices", none of which I received. Why? Because my tags were from Virginia, thus they most likely sent four notices to my Virginia address that were never forwarded to my Maryland address. I was told they were "returned". Really? So, first the city has been wasting tax payer's money out of either incompetence or laziness or both to send three more letters to 80,000 people after the first was returned, which I estimate would cost $170,000 in postage, paper, envelopes, and toner (not including the man-hours for printing and stuffing the envelopes). But here are my two biggest problems: 1. There's no cap for the fees. Is a $600 fine justifiable at any time no matter how late for a $27 crime??? And further more, if the city can legally look the other way, hide behind the excuse of "Well, we tried to find you" without providing ANY of the proof we are required to overturn THEIR decision, why would they try to find you at all??? Where's the motivation? If you could make an extra 132 million dollars by simply dragging your feet and throwing letters at a brick wall, wouldn't you??? I know I would! By turning these accounts over to collection agencies the city has tacitly admitted they are completely incompetent, and then proved it because these businesses were able to find and properly contact 80,000 in a matter of weeks. If these fines were capped, we would have been contacted YEARS ago, because then the city would have the motivation to collect the maximum allowable penalty BY LAW, once they had reached that point. Isn't it fascinating that we've hit an economic crisis, and I'm sure the city is finding itself in a shortfall, and they take the opportunity NOW to cash in their 132 million dollar lottery ticket to cover the difference? Amazing.2. By my math, adding $16 per month to a $27 fine for just over three years is equivalent to a compound interest rate of 176%. I understand that the longer the fines are assessed in their manner, the compounding interest rate will effectively seem to drop. But, if they had contacted me 5 years past due, I would owe $987 on $27, which would be the equivalent of a compound interest rate of 105%. Or why not wait 10 years for $1,947 on $27 (interest rate 53%). How is this not usury? And how can I invest some money in this system? Wouldn't it be fantastic? I'll give the city $5,000, and using the system they've applied to me, I can have $105,122.88 in three years!!!
Now they want me to bend over again, and take it to the tune of $600!!! I've had it. We need to organize. We need to stand together and fight this as a group. Individually we have no power, but if we can band together and get Sheila Dixon's name attached to this miscarriage of justice, maybe we can get somewhere. We have the numbers (80,000 potential members), the motivation ($132 million dollars being vacuumed from our neighborhoods during a time of economic crisis), and the means (media, internet, social networking sites) to get something done. The way I see it the problem is two-fold: 1. we need to address the current financial issue and settle the predicament the city has caused. I have no problem paying the city for something I have done, but there needs to be a fair compromise. 2. new legislation to prevent this from happening again. Specifically, caps on accrued fines. You want that cap to be higher for more substantial fines? OK. But there has to be something. Understand the city needs to make a buck, and a quick way of doing it is late fees. But the power which they have afforded themselves needs to be checked.I hate to get preachy, but our founding fathers fought a war against tyranny, and the straw that broke the camel's back was a tax on their freakin' breakfast drink. How would they have reacted to this? When I thought I was alone in this matter, I was willing to take it, just like the rest of the garbage I've been force fed from this administration. But when I found out there's 80,000 of us, I felt empowered. I think we've lost the revolutionary spirit this country was founded on, and we as a people have become resigned to doing whatever the government tells us to do, no matter how ludicrous. Unless we stand up and show them we're not going to take it anymore, we'll continue to get bullied. Perhaps now, with the economy in the tank and people losing their jobs, this is the time to make some change.If I'm the only one contacting the show, then disregard this, and I thank you for reading up to this point. But if there's more, if you're getting hundreds of e-mails like this, that means there's probably thousands who haven't expressed their outrage. I always felt like this show meant something, and inspired people to get involved and make their community a better place, and maybe this is an expression of just that. But how do we make that expression more lasting? Changing the laws? Inspiring new legislation? Sounds good to me.
What do you want to do?
Thanks for your time, consideration, and any advice you can give me to get the ball rolling,
Jason
The next day, I realized I was putting the horse ahead of the cart. Even if he did show an interest, what were we going to talk about? Me? How angry I was? What was the point? I called a couple friends from college who are now lawyers, to get their take on the situation. I can be a little hot-headed from time to time, so I wanted to know, was I overreacting? Both agreed the situation is intolerable. In fact, before I’d even told one of them what I was planning to do, he simply said, “Well…..looks like you’ve got a Tea Party on your hands.” Exactly.
One of my friends suggested I contact my local representatives in Annapolis; the other suggested I contact the local paper and write an editorial to publicize the issue. I thought both were great ideas. But first, if I was to do either, I needed something to point to. A place for us to build a community so when I write a letter to a representative, or talk to a reporter, I don’t have to say me. I can say us. So I started the Baltimore Scofflaws Facebook group. The introduction is posted below:
Last week, we the current and former citizens of Baltimore were informed the city will be extorting us to fill its dwindling coffers. Their weapon of choice comes in the form of excessive late fees associated with a variety of parking tickets, in some cases, many years old. According to NBC, 80,000 of us have been contacted concerning 183,000 citations totaling $132 million dollars. Some of us have now been individually saddled with THOUSANDS of dollars in fines to ease City Hall's debt. Despite the government's assurances, we feel due diligence was not taken to inform us of our apparent transgressions, and we are furious the city views our bank accounts as their personal ATMs, for which THEY write the rules for withdrawal. With no limits on how much they can fine, coupled with their clear incompetence in settling the matter, the city has ostensibly issued itself a license to print money. Are we to sit back and allow this? Clearly, Sheila Dixon views her constituents as either too stupid, too afraid, or both to band together and fight this injustice, otherwise she and her associates would never have approved such an action. Alone, we stand no chance to reverse the financial misfortune she intends to inflict, but together we wield the power of democracy. Hopefully, this group can serve as a foundation for change. Tell us your story, and then tell a fellow Baltimore Scofflaw to join our ranks. Let's start a record, and let's find our critical mass for social change. Anyone directly related to this catastrophe or anyone interested in watching how this train wreck unfolds is welcome.
That’s probably enough for today, more tomorrow….
Monday, March 9, 2009
First Post
First, I’d like to thank you for your interest in our cause. I started this blog as an adjunct to our Facebook group, The Baltimore Scofflaws. Not everyone is into the Facebook craze, so I was hoping to setup something accessible for anyone with a computer. Also, for Facebook members of the Baltimore Scofflaws who’d like the most up-to-date information without receiving daily messages from me, this is your place. I guess I should start from the beginning.
I probably picked the worst time to open my letter. Never go through the mail before you go to bed. You just don’t know what you’re going to find. In my case, I discovered a $603 fine for a $27 ticket from 1-25-06….over three years ago. Without going into too much detail, it was a restless night. I attempted to contact Linebarger, Goggan, Blair & Sampson, LLP by phone the next day, however, after waiting 10 minutes on hold, I decided they were decidedly unavailable. Luckily, I work in East Baltimore, and 300 East Lombard Street is a short drive away. I should have known there was more to the story when I walked into the office building and asked, “Excuse me. Can you tell me where…..”
The security guard looked me up and down as he cut me off, “Linebarger? 11th floor. Sign in.”
I thought that was strange. There were plenty of offices in this building. How did he know where I was heading? I found the office, and walked in to see a very large stack of returned mail on the receptionist’s desk. To her credit, she calmly sat down with me and listened to my concerns without ignoring me or hissing the typical static I’m used to when dealing with the city. After explaining my frustration with this predicament, I was told I had one of two options. The first? Provide documentation that the ticketed car was not mine. It was right about then I realized Catch-22 wasn’t such a far-fetched novel. Second option. Provide a written or printed receipt that I had paid the original ticket in full. Which is hilarious, because I had donated the car two years ago. I could request a trial, which I was told could be denied before I ever step foot in court, but without the proper documentation mentioned above, I didn’t see much point in that. I was also told that the City has a policy of not remitting tickets, EVEN if it was their fault. They’ll do it with the proper documentation, a blood test, a hair sample, a co-signer, and the location of your next of kin, but it’s officially not policy.
After weighing my options, I decided to stew about it over the weekend, which I’m glad I did. I caught the tail end of the local news as a man was side-saddling the driver’s seat of his car trying to reach anyone from city hall on his cell phone concerning a ludicrous parking ticket. I instantly empathized with this guy, and realized we’re brothers in the same cause. It suddenly dawned on me that I wasn’t alone, and with strength afforded in numbers, we had a chance. I ran to the computer, searched Baltimore Parking Tickets on Google News, and found this article http://www.msnbc.msn.com/id/29516875/ . Apparently, 80,000 of us were getting boned to the tune of $132 million dollars. It was amazing to feel my sense of total despair change to a sense of empowerment once I learned how many of us there were.
Tomorrow, I’ll post what I’ve already sent out and who I’ve sent it to. Thanks for your interest.
I probably picked the worst time to open my letter. Never go through the mail before you go to bed. You just don’t know what you’re going to find. In my case, I discovered a $603 fine for a $27 ticket from 1-25-06….over three years ago. Without going into too much detail, it was a restless night. I attempted to contact Linebarger, Goggan, Blair & Sampson, LLP by phone the next day, however, after waiting 10 minutes on hold, I decided they were decidedly unavailable. Luckily, I work in East Baltimore, and 300 East Lombard Street is a short drive away. I should have known there was more to the story when I walked into the office building and asked, “Excuse me. Can you tell me where…..”
The security guard looked me up and down as he cut me off, “Linebarger? 11th floor. Sign in.”
I thought that was strange. There were plenty of offices in this building. How did he know where I was heading? I found the office, and walked in to see a very large stack of returned mail on the receptionist’s desk. To her credit, she calmly sat down with me and listened to my concerns without ignoring me or hissing the typical static I’m used to when dealing with the city. After explaining my frustration with this predicament, I was told I had one of two options. The first? Provide documentation that the ticketed car was not mine. It was right about then I realized Catch-22 wasn’t such a far-fetched novel. Second option. Provide a written or printed receipt that I had paid the original ticket in full. Which is hilarious, because I had donated the car two years ago. I could request a trial, which I was told could be denied before I ever step foot in court, but without the proper documentation mentioned above, I didn’t see much point in that. I was also told that the City has a policy of not remitting tickets, EVEN if it was their fault. They’ll do it with the proper documentation, a blood test, a hair sample, a co-signer, and the location of your next of kin, but it’s officially not policy.
After weighing my options, I decided to stew about it over the weekend, which I’m glad I did. I caught the tail end of the local news as a man was side-saddling the driver’s seat of his car trying to reach anyone from city hall on his cell phone concerning a ludicrous parking ticket. I instantly empathized with this guy, and realized we’re brothers in the same cause. It suddenly dawned on me that I wasn’t alone, and with strength afforded in numbers, we had a chance. I ran to the computer, searched Baltimore Parking Tickets on Google News, and found this article http://www.msnbc.msn.com/id/29516875/ . Apparently, 80,000 of us were getting boned to the tune of $132 million dollars. It was amazing to feel my sense of total despair change to a sense of empowerment once I learned how many of us there were.
Tomorrow, I’ll post what I’ve already sent out and who I’ve sent it to. Thanks for your interest.
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