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To: whatexit
That's been a hot urban legend in SF for years. If you put some crayoned communist babbling on a sheet in your windshield, abra cadabra you are "practicing free speech" and you can't get a ticket or towed. They even cite bogus arcane "laws" like the tax evaders to and put them in the windshield, like this hasn't been going on for like a decade. Bottom line: hey dude, where's my car?
7 posted on 08/08/2006 11:38:47 AM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: jiggyboy
That's been a hot urban legend in SF for years. If you put some crayoned communist babbling on a sheet in your windshield, abra cadabra you are "practicing free speech" and you can't get a ticket or towed.

Well... Actually.. Like all urban legends, there's a bit of truth to the legend. If you had your car covered with statements about how it is unfair for the city to lease community property back to you for an hourly rate, as well as stayed near your car (likely with a similar sign or handouts for the public), you are indeed practicing free speech. The court test seems to be 'you can park there so long as your protest is about the law that makes it illegal to park there, and you are not participating in some other activity.'

There's quite a few precedents; a local one for me was someone who was protesting the Forest Adventure Passes. The court ruled that since he was there protesting the fees, and not participating in recreational activities, the county nor the federal government could ticket nor tow his car due to his free speech.

My guess, however, is that the court would take into account access to the area as well. If you don't need a car there, that's where it would get sticky. But I'd bet that with a competent attorney you'd win.

Were you parking there for another form of protest - say against Hilary's book signing, then you'd have to pay the parking fee because you're participating in parking, not protesting it, therefore you owe the fee.
27 posted on 08/08/2006 1:21:22 PM PDT by kingu (Yeah, I'll vote in 2006, just as soon as a party comes along who listens.)
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