Holy Toledo, $45,000 for a parking ticket?!?

Posted: April 19, 2013 in Government, Local, Ohio, Parking
Tags: , , , , , , , , , ,

It all started with a $20 parking ticket given to Toledo lawyer Jeffrey Zilba while he was parked in front of the Ottawa County courthouse in Port Clinton, OH in the summer of 2011. Since the legality of his parking was ambiguous (and being a professional arguer for a living), Mr. Zilba wanted to challenge the ticket, as many of us have unfortunately been forced to do at one point or another. That was when he realized that the ticket had no phone number and no way of challenging it given on the ticket. Failure to pay the $20 ticket would result in a misdemeanor, meaning that the only option for someone receiving one was to either pay the fine and admit guilt or become guilty of a crime. Not only was this unacceptable to Mr. Zilbas, but he saw it as a violation of his right to due process as guaranteed under both the U.S. and Ohio constitutions. So Mr. Zilbas paid the ticket to avoid the misdemeanor and decided to start a suit against the city.

And that’s when things started to spin out of control. The suit dragged on for more than a year and a half, finally ending with a ruling in favor of Mr. Zilbas. The city was ordered to decriminalize their parking tickets and provide a way to challenge them, as well as paying damages to Mr. Zilbas. Those damages? $45,000 worth of lawyers fees! The money to pay the settlement was approved by the Port Clinton city council, which has also started the process of changing their ticketing ordnances. The money to pay for this case will unfortunately come from the city’s general fund, which will cause the delay or abandonment of some of the projects slated for the city this year.

So where does the blame lie? Well, despite what seems like some pretty high lawyer fees and what must be heaping helpings of determination or stubbornness, Mr. Zilbas is not the one at fault; his rights were infringed on, and he had a legitimate case. The blame and responsibility really lies with the city. They enacted the unconstitutional ticket policy in the first place, and also failed to resolve this case out of court when it would have been much cheaper for taxpayers and saved a lot of time as well. When it gets down to it, it was, as always, the combination of a lack of oversight and attention to the city’s parking program and not wanting to give up some of the cash cow that is parking fees, even if those fees are being levied unfairly and without a way to challenge them. It’s a small tyranny, but it’s still a tyranny when meter maids are made into judge and jury for Port Clinton citizens.

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Comments
  1. […] been putting a squeeze on the travel parking industry, citing a few examples across the country in addition to the numerous instances I have covered in this blog. This week, we’re going to examine the […]

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