Can’t mark the tires of parked cars, ruling says

DETROIT — Marking tires to enforce parking rules is like entering property without a search warrant, a federal court said Monday as it declared the practice unconstitutional in Michigan and three other states.

Alison Taylor had received more than a dozen $15 tickets for exceeding the two-hour parking limit in Saginaw. The city marks tires with chalk to keep track of how long a vehicle is parked. Her lawyer argued that a parking patrol officer violated the Fourth Amendment right against unreasonable searches.

A three-judge panel of the appeals court agreed.

The purpose of marking tires was to “raise revenue,” not to protect the public against a safety risk, the 6th U.S. Circuit Court of Appeals said.

“The city does not demonstrate, in law or logic, that the need to deter drivers from exceeding the time permitted for parking — before they have even done so — is sufficient to justify a warrantless search under the community caretaker rationale,” the court said.

Taylor’s attorney, Philip Ellison, wants U.S. District Judge Thomas Ludington to certify the lawsuit as a class-action, with refunds for people who got tickets. He said Saginaw has been collecting up to $200,000 a year with parking tickets from tire marking.

The decision sets a new standard for Michigan, Ohio, Kentucky and Tennessee, the states covered by the 6th Circuit. The court overturned an opinion by Ludington, who had dismissed the case in favor of Saginaw.