This week, IJ secured an early victory <[link removed]> in our lawsuit against Wilmington, Delaware’s wildly abusive towing and impound racket after a federal judge ruled against the city’s attempt to get the case dismissed. I argued this case before the judge and am thrilled to share the news with IJ’s friends and supporters.
Wilmington contracts with private companies to tow any car with more than $200 in outstanding fines. The city doesn’t pay for this service, instead letting towing companies scrap cars. Given how quick the city is to issue parking tickets, business is good, with towing companies having scrapped thousands of cars. Many people who lose their cars are completely innocent.
After Wilmington ticketed Ameera Shaheed’s legally parked car six times in nine days, Ameera—a disabled grandmother of three—tried to appeal. But then the city towed her car, and when she couldn’t afford to pay $320 in 30 days, the towing company scrapped her car, worth more than $4,000. They pocketed the difference—and Ameera still owes the full balance on six parking tickets, plus added penalties.
Ameera and another Wilmington resident teamed up with IJ to challenge this unconstitutional scheme last year. This week, a judge held that “Wilmington can’t have it both ways.” If scrapping a car worth far more than the outstanding tickets constitutes a fine, then IJ and our clients can argue it’s unconstitutionally excessive. And if it’s not a fine, then we can argue the city is illegally taking property without compensation.
Ameera’s case is part of our efforts to protect the property rights of ordinary people and fight back against abusive fines and fees. Our 2019 U.S. Supreme Court victory limited the government’s ability to fine excessively. Now, we are extending that achievement with 13 active cases in this area.
This week’s victory brings us one huge step closer to shutting Wilmington’s abuse down for good. I hope you will stand with us as we fight for constitutional rights nationwide. <[link removed]>
Will
Will Aronin
Attorney*
Institute for Justice
*Licensed in New York
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