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Monday, February 23, 2015

UPDATE: Easton Proposes New Ticket Ordinance That Still Violates Due Process

One of the problems I had at the Panto Presser earlier this month, when Hizzoner stated that City officials have decided to go the civil route for parking violations, is his basis. I asked Bill Murphy several times to explain his authority for imposing civil liability, and Bill never answered me. It now appears that no such authority ever existed.

According to The Express Times, City Officials are proposing a new parking ordinance. Mayor Panto has minimized four pages of amendments as "minor tweaks," but they appear to be very substantive, They reveal that, under Easton's current parking ordinance, the only remedy authorized is criminal. Panto is only now converting the ordinance to a civil creature, meaning that every fine imposed and collected in 2014 was done illegally.

At the Panto presser, officials indicated they were more than willing to set up payment plans for offenders who have no means to pay outstanding "fees."

These minor tweaks make absolutely no provision under which a citizen can dispute a parking ticket.

So the ordinance, as proposed, still violates due process.

Updated 4:00 pm: Easton Unable to Say Who Won Ticket Appeals Last Year.

Last year, Easton claims to have forgiven 3,534 parking tickets. But in response to a Right-to-Know, City officials are unable to identify any of them.  Were tickets voided after an honest review, or because the person who got that ticket was connected to someone inside City Hall?  Amazingly, there are no records. This process smells very much like corruption to me.
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24 comments:

  1. AnonymousFebruary 23, 2015 at 2:56 PM

    Let us hope that the good citizens of the City of Easton see the writing on the wall and do not re-elect Mr. Panto. Easton has a penchant to elect recycled politicians. And these politicians always seem to do more harm than good. Let's get some fresh air, new blood, and new ideas into the Mayor's Office. Stop the good ole boys network now!

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  2. AnonymousFebruary 23, 2015 at 3:16 PM

    I want a T-shirt with that graphic on it.

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  3. AnonymousFebruary 23, 2015 at 3:26 PM

    I believe Mr. Panto is a lawyer and constitutional scholar of some note. Well, actually, he's not. But he did sleep in a Holiday Inn Express last night.

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  4. AnonymousFebruary 23, 2015 at 3:42 PM

    Seems to me that want to set up something under the Local Agency Law, but that still requires somebody or a board to act as a hearing officer.

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  5. AnonymousFebruary 23, 2015 at 4:24 PM

    There must be some sort of record of which tickets were voided? We could all view those that were dismissed if Panto had used the same process that every other municipality uses!!

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  6. AnonymousFebruary 23, 2015 at 4:51 PM

    There is a TON of money at stake. Corruption starts like this! Keep at it Bernie...please!

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  7. AnonymousFebruary 23, 2015 at 7:07 PM

    answer,NO!

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  8. AnonymousFebruary 23, 2015 at 8:08 PM

    Question, could a lawyer file a class action suit against the City over what seems to be a less than legal parking ticket system. $600,000 plus per year for 7 years is alot of money, maybe the threat of a suit would prompt some corrective action

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  9. Bernie O'HareFebruary 23, 2015 at 8:51 PM

    This is certainly a civil rights law suit waiting to happen, and the remedy proposed in Panto's "minor tweaks" do not come close.

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  10. AnonymousFebruary 23, 2015 at 9:28 PM

    Unaccounted for parking tickets are the WAM of Mayors. No records. Just a phone call from a friend and, PUff--they go away.

    AKA, a Mayor's electioneering swag!

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  11. AnonymousFebruary 23, 2015 at 9:32 PM

    FYI. Isn't the real issue that the city doesn't inform those being ticketed of their right to appeal before a judge?

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  12. Bernie O'HareFebruary 23, 2015 at 9:45 PM

    Right now, there's no underlying authority under which the City can proceed civilly. It must, by virtue of its own ordinance, proceed criminally. Every ticket written in 2014 is therefore illegal. In addition, even as revised, assumes that the party given a ticket is responsible. It imposes liability by fiat and this is a violation of substantive due process. Finally, the ordinance as amended makes no provisions whatever for an appeals process of any kind. This violates procedural due process. This is not a tweak. This ordinance is unconstitutional.

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  13. AnonymousFebruary 23, 2015 at 10:48 PM

    Awesome graphic, Bernie.

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  14. AnonymousFebruary 23, 2015 at 11:52 PM

    I read the revisions. The changes seem minor to me. I got a parking ticket in bethlehem and they also do not inform you of your right to appeal. It just states to pay it or you get booted. I guess their authority deals with the fines and therefore they can do that.

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  15. Bernie O'HareFebruary 24, 2015 at 12:07 AM

    In Bethlehem, they follow a criminal process.

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  16. AnonymousFebruary 24, 2015 at 6:25 AM

    But they don't inform you of your right to appeal on the ticket.

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  17. AnonymousFebruary 24, 2015 at 7:05 AM

    This whole things stinks just like the "fineing mill" the Freemansburg cops set up several years ago. They posted the speed limit on the stretch of road between the old Marine Barracks on Pembroke Road and Senicks garage at 25 MPH and for years arrested anyone going over the 25 miles per hour speed limit. That was a Stae Road and was posted by the state at 45 MPH. Freemansburg changed the speed limit and passed out fines for speeding. This went on for yeats. When someone finally challenged it, they (Freemansburg) were notified and the speed limit changed back. NOT ONE PERSONS FINE WAS RETURNED FROM ALL THOSE YEARS. Freemansburg kept the money, They said because the person falsely arrested pleaded guilty of speeding they didn't get there money back. The violator's insurance went up, he got points, etc. but no restitution. There is a cop that still sits just east of the Marine Baracks to arrest people. That's where Freemansburg makes their money. Check their police records.

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  18. AnonymousFebruary 24, 2015 at 7:27 AM

    And bethlehem still does not inform you of your right to appeal your parking ticket. They just have a note telling you to pay it and what happens if you don't. Therefore they to disregard due process.

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  19. AnonymousFebruary 24, 2015 at 7:39 AM

    All the parking authorities in the valley are a scam - Just system to further tax local citizens. NONE of them have any form of oversight when dealing with their behavior towards the public.
    Here in Allentown the meters are failing miserably due to the current weather. The APA has made no mention of this.
    This whole farce of parking/ traffic controls is only another fortune 500 style business, complete with trade journals, designed to fleece residents of yet mor of our hard earned cash.
    NOW... how about the collusion between the parking authorities and city services?

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  20. AnonymousFebruary 24, 2015 at 9:22 AM

    The Mayor's press conferences should be called "PANTOmime" Lots of talk but saying nothing.

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  21. Bernie O'HareFebruary 24, 2015 at 9:53 AM

    "And bethlehem still does not inform you of your right to appeal your parking ticket. They just have a note telling you to pay it and what happens if you don't. Therefore they to disregard due process."

    You are incorrect. If you do not pay a Bethlehem ticket, you are eventually issued a citation, to which you can plead not guilty and demand a hearing before a neutral and detached judge. That is due process.

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  22. Bernie O'HareFebruary 24, 2015 at 9:56 AM

    "But they don't inform you of your right to appeal on the ticket. "

    Ignore the ticket and the next step is a citation, in which yiou have the right to plead NG and demand a trial at which you are presumed innocent. That's due process.

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  23. AnonymousFebruary 24, 2015 at 11:13 AM

    Criminal law states that every ticket issued should notify the violator of their right to appeal. Bethlehem does not inform you of your right to appeal. A parking ticket in Bethlehem is a criminal offense. Please correct me if I'm wrong.

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  24. Bernie O'HareFebruary 24, 2015 at 11:33 AM

    You are wrong. I am notifying you. If you ignore the ticket, a citation is issued, and you have all the rights guaranteed under our Constitution and that Easton denies.

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