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.