Saturday, March 24, 2012

You CAN Fight City Hall (or at least a parking ticket)


Redemption! Not guilty! Those are my words… “Not Liable –General Dismissal” were the words the City of Los Angeles Department of Transportation (DOT) used in their letter to my wife, Angela, when they notified her of their decision to rescind a disputed parking citation and refund the exorbitant $353 fine that accompanied it. The infraction was for the much-heralded parking tickets targeting Disabled/Handicapped motorists at the Canoga Park Costco. 

Some of you may remember an editorial column (“Sneak Attack on the Handicapped”) I wrote a few months back admonishing the City’s DOT and what seemed an out of control parking officer named K Brooks who was becoming Genghis Khan among the West Valley residents and patrons of Costco in Canoga Park.  It sure seemed that “Our Miss Brooks” (as she is affectionately known around the Parente residence ~among other unprintable nicknames ~after the 50’s TV show) was on a campaign to balance not only LA but even the state of California budget shortfall by ticketing vehicles that were parked “askew” in the disabled parking spaces at Costco, Traders Joe’s and other retail business’ in and around the West Valley. 

This outrageous abuse of power resonated to become a cause célèbre in local circles around City Councilman Dennis Zine’s office as well as Miss Brooks Supervisors in the Parking Enforcement department.  I had a number of responses in my email Inbox -- as did the Valley News Group office.

I’m also happy to report that those citizens I heard from had their citations overturned and their fines refunded.  One resident, Christie Logan received her ticket from Miss “K” at Trader Joe’s in Woodland Hills... proving she didn’t discriminate. Another WH resident, Joyce Shaefer, was also a victim at Costco—but in Northridge AND in 2005.  How long, indeed, has this offense been going on in the Valley? Two people that were mentioned in the first article were Israel Ruiz and Rene Leyua whose citations were already dismissed.  In fact there was one gentleman named Reuven E. Epstein, who lives in Northern California and happened to read the piece in the Las Virgines Enterprise when he was visiting the SF Valley area for his 55th High School reunion. He requested from me the picture and wording of the signs that Costco was posting on each parking stall.  Apparently he is aware of the flawed policy and was trying to prevent the same outrage that was mustering in his Northern Cal neighborhood (where a ticket is $400) and he wanted an example of the wording to post in the retail establishments he frequented. Maybe Our Miss Brooks moonlights out of town.

Just beware! Before long this disturbing trend could sweep around the entire country… we all know how California sets the course for cutting edge ideas and direction.  Don’t be surprised if Congress adopts a new disabled parking policy. After all, the US is in bigger financial trouble than any other municipality and $353 parking citations administered to millions of handicapped drivers could put a sizable dent in the national debt.  It could make the Medicare issue look like a “blip” on the entitlement meter.
Sarcasm aside, a heavy burden has now been lifted off Angela, who prides herself in following the traffic laws and knowing the vehicle code from her career in the auto insurance industry. She was noticeably unhinged and upset by the unfair application of the “spirit of the law” action that was applied by a rogue officer, not just to her but a number of unfortunate citizens who merely touched the thin blue line of a disabled parking stall.  We  just wonder how many others simply paid the excessive fine because they couldn’t afford to take a day off from work to appear at a hearing or didn’t know how to express themselves verbally or in writing... or just didn’t want to make waves with a Government authority bent on raising cash for the city coffers. My advice would always be to stand up for your rights as a citizen. Never let any level of government bureaucracies dictate passive behavior. 
On a positive note, I have to admit that our hearing was conducted in a polite, professional manner… not in a court setting but in an office at the Van Nuys location.  The hearing examiner was a man named Surapong Kunkaew and he is to be commended for the manner in which he allowed Angela and me to offer our testimony in a relaxed, supportive atmosphere.  He allowed us both to speak and submit photos of our vehicle, the new Costco sign that was posted after the infraction, and other documents, including the Warner Center News article written by “yours truly” that dripped with sarcasm and outrage that I frankly thought may hinder our case because of its public flogging of the City’s Parking officials and a rogue officer (even though it was deserved). 

Mr. Kunkaew listened attentively, gathered up the evidence and said we would hear have his verdict in writing within 10 days.  His two page decision include a fair assessment of the facts, Angela’s testimony of her ticket-free status of 15 years while in possession of a handicapped placard,  and the officer’s erroneous comments of our vehicle being 100% on the cross marks along with his findings of the facts presented. Additionally, in the course of his investigation, a fact akin to a “smoking gun” turned up.  In the photograph that was submitted, there was a Mercedes Benz parked in the next stall (license plate was visible) that was also on the blue lines and inexplicably NOT issued a citation.    We’ll never know how Miss Brooks explained that faux pas but we again admire the diligence of Mr. Kunkaew in checking out that important piece of evidence. 
 We came away with satisfaction that our case was handled fairly and we were elated.  It’s like getting a refund check from the IRS.  We’ll have to figure out how to celebrate and spend it.  An iPad (not enough) or iPhone (money to spare) sounds good or a shopping spree at Costco (can I use another small flat screen?).  Angela is happy to be still undefeated in fighting traffic and parking tickets.  
More importantly I think there were many “lessons learned” here; 1) As a citizen, you will get a fair hearing and you can always contest a wrong that has been committed if you believe you are right—you can “fight” City Hall so to speak;  2) The whole community will be better served because people are now aware of the infraction and will be extra careful when parking in Handicap zones and parking enforcement officers like K Brooks must use common sense and good judgment ; and lastly 4) Don’t mess with the salt of the earth and awaken the sleeping giant that represents hard working folks who pay the taxes and spend their hard earned money in our great Community.
I’m not a USC graduate (but our esteemed editor Kathleen Sterling is as is my friend Janey Rifkin who writes the Health Column for this paper) but I’m reminded of their school’s motto and battle cry to “Fight On”.  Everyone take notice.


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