The California Court of Appeals ruled Friday that towing vehicles with unpaid parking tickets is unconstitutional, unless the city has a warrant.
The court ruled the practice violates the Fourth Amendment, which protects citizens against unreasonable search and seizure by requiring warrants. The City of San Francisco argued that their towing practice qualified for an exception from the warrant rule because the vehicles presented a threat to public health. The court rejected that argument.
San Francisco regularly tows vehicles with five or more unpaid tickets. If the owner still does not pay the fine for parking tickets after the vehicle is towed, the city sells it at a junk auction.
The Coalition on Homelessness, a nonprofit organization focused on advocacy for impoverished and houseless people, filed an appeal against the city over their towing practices, claiming that it targeted low-income individuals.
Jennifer Friedenbach, executive director of the coalition said, "Poverty tows are one of those events, where the loss of a car leads to the loss of the transportation needed to get to work."
Legislation banning "poverty tows" for unpaid parking tickets has cleared the California Assembly.
