In its recent reversal of a lower court decision, the California Appellate Court ruled that the towing of lawfully parked vehicles without a warrant is not permissible. Citing an amicus brief filed by a Milbank pro bono team, the appellate court noted: “It is critical to recognize that, as appellant and amici argue, vehicle tows are a significant intrusion on property rights that may seriously impact the lives of the owners.”
The Coalition on Homelessness had challenged the San Francisco Municipal Transportation Agency (SFMTA) policy of towing safely and lawfully parked vehicles without a warrant based solely on the accrual of unpaid parking tickets. The Coalition argued that warrantless tows are unreasonable seizures within the meaning of the California Constitution and the Fourth Amendment to the US Constitution. The trial court denied a motion for a writ of mandate and declaratory and injunctive relief.
The Milbank team, led by partner Mark Shinderman and associate Mohammad Tehrani, filed the amicus brief in support of the Coalition on Homelessness, presenting facts detailing the harmful impact that such “poverty tows” have on many affected populations.
