Tag: revenue generation

A Florida Judge Says $165,000 in Fines for 3 Minor Code Violations Is Not ‘Excessive’

A Florida judge yesterday ruled against a Lantana homeowner who faces more than $165,000 in fines for three minor code violations that harmed no one. Sandy Martinez, who is represented by the Institute for Justice (I.J.), argued that the financially crippling demand, which stems from driveway cracks, a storm-damaged fence, and cars that were parked partially on her own lawn, violates the Florida Constitution’s ban on excessive fines and its guarantee of due process. But Palm Beach County Circuit Court Judge Luis Delgado granted the city’s motion for summary judgment, concluding that the fines were not “grossly disproportionate.”

Martinez hopes to persuade Florida’s Fourth District Court of Appeal that Delgado is wrong about that. “Six-figure fines for parking on your own property are outrageous,” says I.J. attorney Mike Greenberg. “The Florida Constitution’s Excessive Fines Clause was designed to stop precisely this sort of abuse—to prevent people from being fined into poverty for trivial violations. The court’s opinion renders those bedrock protections a dead letter. We will appeal.”

Martinez’s debt to the city began accumulating in 2013, when she was cited for cracks in her driveway. For a single mother with a modest income who was living from one paycheck to another, the cost of laying a new driveway was hard to manage. But in the meantime, daily fines of $75 continued to accrue, eventually reaching a total of $16,125 with interest—”far greater than the cost of an entirely new driveway,” she notes in the lawsuit that she filed against the city in February 2021.

In 2015, Martinez was cited for a fence that had been knocked down by a storm. Again, the repairs necessary to bring her into compliance were more expensive than she could immediately afford. While she waited for her insurance company to pay her claim for the fence, daily fines of $125 accumulated, eventually hitting a total of $47,375 with interest—”several times the cost of the repair and substantially more than the cost of a completely new fence,” according to her complaint.

Finally, Martinez was cited in 2019 for improperly parking cars on her own property. At the time, she was living with her three children, her mother, and her sister. Martinez, her two adult children, and her sister all had cars that they used to travel from home to work and back. Her street has no curbs and is not wide enough to accommodate parked cars. Since Martinez and her relatives could not legally and safely park on the street, the driveway seemed like the only viable option. When all four cars were parked at Martinez’s home, two of them sometimes extended slightly beyond the driveway, which is flanked by her lawn and a walkway.

As Martinez’s complaint notes, “parking on one’s own front yard space, even a tiny bit, is illegal in Lantana.” The penalty is $250 per day and fines continue to accrue until a city inspector verifies that the violation has been corrected. Although Martinez says she promptly fixed the parking issue by making sure no car was touching her grass and left a voicemail message with the code enforcement office requesting a compliance check, no inspector came by. Unbeknownst to her, the fines continued to accumulate for more than a year.

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Teacher’s Union Sues to Stop New York Congestion Pricing Plan

When the New York Legislature first approved a plan to toll drivers entering congested lower Manhattan in 2019, interest groups scrambled to get their own special exemptions to the forthcoming tolls.

Now, with all the exemptions handed out, the toll schedules set, and final implementation just around the corner, everyone who didn’t get their requested carve-out is suing to halt the whole congestion pricing scheme.

On Thursday, the United Federation of Teachers (UFT), which represents teachers in New York City’s public school system, along with Staten Island Borough President Vito Fossella and individual teachers filed a federal lawsuit accusing federal and New York transportation officials of failing to conduct an adequate environmental review of its congestion pricing program. Their lawsuit was filed in the U.S. District Court for the Eastern District of New York.

“Federal, state and city transportation authorities conducted a rushed and hurried approval process for the congestion pricing plan,” said the union on X (formerly Twitter). “The current plan would not eliminate air and noise pollution or traffic, but would simply shift that pollution and traffic to the surrounding areas.”

The teachers’ lawsuit follows New Jersey’s earlier environmental lawsuit challenging congestion pricing filed last summer. Both argue that federal highway officials greenlit New York’s tolling program without conducting a thorough enough environmental analysis, as required by the National Environmental Policy Act (NEPA).

NEPA requires that federal officials study the environmental effects of decisions they make—whether those are big decisions (like funding a new highway) or small ones (like approving a new vape device).

In New York’s case, federal sign-off of congestion pricing was required before the state could impose tolls on federally funded highways entering Manhattan.

Because NEPA allows third parties to sue over allegedly inadequate environmental studies, it’s become a favorite tool of environmentalists, slow growth activists, and garden variety NIMBY (not in my backyard) trying to stop or delay infrastructure projects.

To head off these legal challenges, federal agencies and their state partners will produce voluminous “litigation-proof” documents that attempt to leave no impact unexamined.

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‘Severe revenue decline’: California faces a record $68 billion deficit — here’s what is eating away at the Golden State’s coffers

California is dealing with a revenue shortfall partly due to a delay in 2022-2023 tax collection. The IRS postponed 2022 tax payment deadlines for individuals and businesses in 55 of the 58 California counties to provide relief after a series of natural weather disasters, including severe winter storms, flooding, landslides and mudslides.

Tax payments were originally postponed until Oct. 16, 2023, but hours before the deadline they were further postponed until Nov. 16, 2023. In line with the federal action, California also extended its due date for state tax returns to the same date.

These delays meant California had to adopt its 2023-24 budget before collections began, “without a clear picture of the impact of recent economic weakness on state revenues,” according to the LAO.

Total income tax collections were down 25% in 2022-23, according to the LAO — a decline compared to those seen during the Great Recession and dot-com bust.

“Federal delays in tax collection forced California to pass a budget based on projections instead of actual tax receipts,” Erin Mellon, communications director for California Gov. Gavin Newsom, told Fox News. “Now that we have a clearer picture of the state’s finances, we must now solve what would have been last year’s problem in this year’s budget.”

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Want To Challenge Your Speed Camera Ticket? That’ll Be $100.

Motorists caught speeding in Peninsula, Ohio, have options: They can pay with Visa, Mastercard, Discover, or PayPal. But if they want to dispute a ticket, the flexibility ends.

Before vehicle owners can appear in municipal court to defend themselves, they must pay a $100 “filing fee.” No exceptions. No discounts. No deferrals. It’s the cost of admission—roughly the same as a one-day ticket to Disneyland.

Many drivers skip the expense and plead guilty, which works well for Peninsula. In just the first five months after launching a handheld photo radar program in April 2023, this village south of Cleveland generated 8,900 citations and $400,000 in revenue. That’s an average of about 1,800 citations and $110,000 in revenue per month.

These are staggering numbers for a community of just 536 residents. If revenue from the program continues at this rate, Peninsula could meet nearly its entire $1 million annual budget from traffic enforcement alone. Six police officers, rotating among nine strategic locations, could keep the village solvent with virtually no help from tax collectors.

Locking the courthouse doors to all but the most determined defendants—who also have $100 to spare—is key to the scheme. The tactic solves a built-in problem with photo radar enforcement that municipalities have grappled with for decades.

These programs are designed for maximum efficiency, which means eliminating human contact as much as possible. The only hiccup occurs when people demand their day in court. Hearings involve old, labor-intensive technology, which has not changed much in 200 years. A sudden strain on the system—inevitable when a police department starts cranking out more than three citations per resident per month—can produce a backlog.

So Peninsula is hiding its judges behind a paywall. Now officers can point and click without talking to anyone. No traffic stops. No trips to the courthouse. No testimony under oath. Revenue can flow like the nearby Cuyahoga River.

The streamlined approach might not seem novel. Many states impose court costs for minor traffic offenses. Appearance fees range from $22.50 in Maryland to $226 in Illinois.

Other states let people contest their tickets for free but charge for lawful behavior outside the courtroom. Arizona, for example, requires hand delivery of automated traffic tickets, which means vehicle owners can ignore violation letters that come in the mail. Once a process server tracks down these people, they must pay extra for not waiving their right to proper notice.

All of these fees undercut the Constitution, which guarantees due process. But judges typically wait until they hear evidence and render a decision before demanding payment. The timing is important. It means even the poorest citizens—people with no money in the bank—can at least show up and confront their accuser.

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Cars That Don’t Meet London’s Emissions Standards Now Subject to Daily Fines

Drivers in London will now face financial penalties if their cars don’t meet emissions standards. While the proposal isn’t without merit, it’s unlikely to make a difference even as it penalizes motorists.

In April 2019, the British capital instituted an Ultra Low Emission Zone (ULEZ) in central London. The rule required all vehicles to meet certain emissions standards. Certain vehicles, including taxis or certain historic vehicles, were exempt; for most noncompliant vehicles, drivers would face a fine of 12.50 pounds ($15.56 USD) per day. The rule is enforced by cameras that capture license plates.

Mayor Sadiq Khan’s office touted the rule as “the world’s toughest vehicle emissions standard.” Khan referred to the city’s air quality as an “invisible killer” that is “one of the biggest national health emergencies of our generation.” At the time, Silviya Barrett, research manager at the Centre for London think tank, told the BBC, “The ULEZ is really needed especially to help poorer Londoners who live in urban areas with high pollution,” though its effect was “limited at the moment due to its small area.” It was later expanded in 2021 to cover about one-fourth of the city.

Transport for London (TfL), the city’s transportation authority, expanded the ULEZ to the entire city on August 29, 2023. All noncompliant vehicles traveling within the city—including those not registered in the U.K.—will now have to pay the daily fine. Notably, the city already assesses a 15-pound ($18.69 USD) daily Congestion Charge to all motorists who drive in central London during peak hours.

The city is bullish on the proposal: In 2020, Khan’s office released a report showing that at the end of the ULEZ’s first 10 months, measured concentrations of nitrogen dioxide were 44 percent lower than was projected without the ULEZ, with an average compliance rate of 79 percent.

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‘They’re everywhere!’ Residents complain as their Texas town of 250 people employs 50 cops

The tiny Texas town of Coffee City is taking the concept of “over-policing” to a whole new level.

Local news station CBS 19 reports that Coffee City, with a population of just under 250 people, employs 50 full-time and reserve officers – that’s one police officer for every five residents.

And these officers appear to be very busy as well, as CBS 19 has found that they issued a whopping 5,100 citations last year that generated more than $1 million in revenue for the town budget.

This has left many residents questioning why such a small town needs an overwhelming number of police officers.

“They’re everywhere, literally everywhere,” complained one woman to CBS 19 who asked not to be publicly identified.

And that’s not all.

Local news station KHOU 11 Investigates found that a surprisingly large percentage of police employed by the town had been fired from previous law enforcement jobs.

In particular, KHOU 11’s investigation found that “more than half of the department’s 50 officers had been suspended, demoted, terminated or dishonorably discharged from their previous law enforcement jobs” for actions including “excessive force, public drunkenness, untruthfulness and association with known criminals.”

Greg Fremin, a retired Houston Police Department captain who is now a lecturer at the Sam Houston State University College of Criminal Justice, tells CBS 19 that he’s “astounded” by the tiny town’s massive collection of rogue cops.

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Federal Judge Orders Kansas Cops To Stop ‘War’ On Drivers Coming From Legal Marijuana States

The Kansas Highway Patrol has been ordered to stop its infamous “two-step” technique by a federal judge, in what the American Civil Liberties Union of Kansas calls a “huge win” for all motorists using state highways.

The U.S. district court ruled KHP’s policies and practices violate the Fourth Amendment, releasing a Friday opinion that the KHP “has waged war on motorists—especially out-of-state residents traveling between Colorado and Missouri on federal highway I-70 in Kansas.”

The trial challenged the constitutionality of the KHP’s policy of targeting out-of-staters and other “suspicious” people for vehicle searches by drug-sniffing dogs, along with the “Kansas two-step” maneuver. The “ two-step” is a technique taught to KHP personnel, in which they end a routine traffic stop and begin a separate effort to dig for information and gain entry to a vehicle to search for contraband.

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Hundreds of state troopers may have falsified thousands of traffic tickets, audit finds

Connecticut state police troopers may have falsified thousands of traffic tickets.

WFSB reports a recent audit found nearly 26,000 fake tickets.

According to an internal investigation, troopers falsified tickets for their own personal benefit as those who appear productive are often eligible for federally funded overtime.

And lawmakers are now demanding answers.

Governor Ned Lamont said those who intentionally wrote bogus tickets should be let go, including management.

The audit also reportedly found that troopers not only falsified thousands of tickets but more than 32,000 were inaccurate.

“Those people should go, and I think their management should take a look at themselves as well,” Lamont said.

Ken Barone with the Public Policy Institute at the University of Connecticut pushed for the audit.

According to Barone, this has raised concerns about skewing racial profiling data.

“The records that should have been likely reported to the system were not,” Barone said.

Officials said it’s possible hundreds of state troopers were involved in falsifying tickets.

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