Constitutional Law,
9th U.S. Circuit Court of Appeals
Sep. 10, 2024
Circuit revives suit that says LA's parking fine late fee is unconstitutional
9th U.S. Circuit Court of Appeals Judge Kenneth K. Lee wrote that the city failed to provide any evidence that the fine was not arbitrarily imposed, adding in a footnote that two former high-ranking city officials "swore under oath that the city enacted the late fee solely to generate revenue."
Plaintiffs who paid their parking fines late in Los Angeles can pursue a constitutional challenge arguing that the 100% penalty violates the Eighth Amendment, a 9th U.S. Circuit Court of Appeals panel ruled Monday, reviving the lawsuit.
"Based on the record before us, we hold that a genuine factual dispute exists about the City's basis for setting the late fee at 100 percent of the parking fine," 9th Circuit Judge Kenneth K. Lee, an appointee of President Donald Tru...
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