Court rules that city must pack back ALL of it’s parking fines.
A court in New Miami, OH has found that the city acted illegally in one its parking fine schemes, and has ordered them to pay back all of the money taken from citizens during this time.
The city used the services of a private company, Optotraffic to manage their traffic tickets during this time.
Three separate lawsuits were filed stating that the company had acted illegally in issuing tickets, and that drivers had no time to appeal their tickets before they were automatically sent a $180 fine through the post, which they were made to pay.
The Newspaper have reported how Judge Michael A. Oster Jr. gave the ruling at Butler County Court of Common Pleas in which the city was ordered to repay the sum totaling $3,066,523.
Oster asked the court:
“If the government has created an unconstitutional law/ordinance that has taken people’s money without affording them the necessary due process protections, should not justice demand, and the law require, restitution of that money to the people?”
He then went on to say:
“Ohio law is clear that the reimbursement of monies collected pursuant to an unconstitutional enactment or invalid rule is equitable relief, not monetary damages, and is consequently not barred by sovereign immunity.
No later than thirty days after the filing of this order, plaintiff is to file with the court and affidavit evincing monies paid under the invalidated ordinance, along with an Excel spreadsheet, so that the court can set the proper amount of restitution/refund as determined under the laws of equity.”
This is a rare example of solidarity of the law favoring the people, rather than the state. Justice was served in this case where the government tried to pull a fast one over its citizens.