Harassed by Chicago cops
I had a run-in today with a couple of Chicago cops trying to give me a $200 parking ticket. I’ve taken enough crap from the city parking enforcement as it is, so I’ve decided to contest the ticket and write them a nice letter. Here are the contents. Any lawyers out there feel free to comment.
To whom it may concern:
On Tuesday, March 6, 2007, at approximately 4:18pm I was picking up a friend at 6165 N. Winthrop Ave. in Chicago. My car, a 2001 burgundy Saturn, was standing in a handicapped-parking zone for no more then 10 minutes, and at no time did I leave the vicinity of my vehicle. After my friend entered the vehicle, I was about to pull out when a police car came up beside me and blocked my exit. The officer driving told me I was in violation of a handicapped-parking zone. He then asked to see my license, which I provided him. My license is from New York State, and because of this he asked me to exit the vehicle. He then told me to put both hands on the vehicle while he searched my pockets and patted me down. Then he asked me if I had any drugs or weapons on me or in the car. I told him that I didn’t, after which he continued to ask me the same question at least five times, to which I always responded, “No.” He told me that because I had a New York license he couldn’t accept it as bond and would have to take me down to the police station. Then he asked me if he could search my car. I agreed to let him search, at which point he asked my friend to also exit the vehicle while he searched the car. After conducting a thorough search and not finding anything, his partner issued me the parking ticket. They told me to get an Illinois license as soon as possible or they would have to take me to the station. They got back in their police car while my friend and I re-entered my vehicle. The police car left first and then I drove off.
I believe that the parking ticket was not justified because according to Chicago Municipal Code §9-4-010: “Parking (to park)” means the standing of an unoccupied vehicle otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. Because I was loading a passenger and never left my vehicle, I was actually standing, also according to §9-4-010: “Standing (to stand)” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers; provided, that, an operator is either in the vehicle or in the immediate vicinity, so as to be capable of immediately moving the vehicle at the direction of a police officer or traffic control aide. The handicapped parking sign and §9-64-050 for which I was cited do not prohibit standing. Therefore, I ask you to dismiss this citation. Furthermore, I believe that I was the victim of police harassment given the extraordinary treatment I was given for an unwarranted parking violation. This may or may not be due to the fact that I am of Asian descent and my passenger was of African descent. I realize that the police have a job to do and that the Edgewater neighborhood has certain undesirable elements, but this does not give the police a right to violate my civil liberties. This is a matter I will take up at another time, but for now I ask that you uphold justice and dismiss this citation. Thank you for your time and understanding.
Sincerely,
Se-il Oh
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Good luck, Billy - that’s a nasty tale there. I hope the city does right by you on the ticket, if not the bigger issue at stake here.
Scott
Comment by Scott Judd — 3/7/2007 @ 1:13 pm
repeat it to a judge and that cop will walk out with his tale between his legs, ask for a court date.
Comment by joe — 3/7/2007 @ 3:31 pm
Hey Billy,
You’re too cute to get in trouble with the law. And tell us about the name: Se-il Oh. What does Se-il mean? Also, saw some pictures of you in Hawaii. Liked the Hawaiian shirt and I’m envious of all of you for going there.
Comment by laura murphy — 3/7/2007 @ 5:31 pm
So you feel that it’s OK to “stand” in the parking space reserved for the disabled? I would like to challenge you to spend a week in a wheelchair. I have zero pity for the able-bodied person who suffers a police shake-down for parking or standing in the precious few parking places we have. I wish it happened more often.
Be a man, pay the fine and don’t park or ’stand’ in spaces reserved for the handicapped.
Comment by Jon — 6/3/2007 @ 5:45 am
In response to Jon, I respect the rights of disabled people to have their own parking spots, and if anyone had arrived while I was waiting in my car who needed to park there I would have gladly moved. I would also have moved had a police officer asked me to. However, when my civil liberties are clearly violated then I also believe that it is my duty as a citizen to stand up for my rights. As an addendum, the judge I sent the letter to seemed to agree with me and dismissed the parking ticket. I do not advocate parking in handicapped parking, and I never do. In a democracy, we are all responsible for preserving each other’s rights and privileges even if it means standing up for ourselves and others when it would be easier just to pay a fine or ignore the situation.
Comment by Billy — 6/3/2007 @ 12:31 pm
So you’re saying it’s OK for an able-bodied person to “stand” in a handicapped parking spot, you respect our rights , but we should have to get you to move? You’re saying a disabled person needs to risk challenging an able-bodied stranger to a parking spot? You’re saying that the police shouldn’t enforce the laws that are on the books and they are somehow obligated to ask the offender to move? Perhaps, someone who lives in a f’n wheelchair ratted you out?
I would never wish a B.S. wheelchair on anybody…even someone who couldn’t care less about a wheelie’s rights. I would like to see those who somehow feel entitled to illegally park in handicapped spots spend a just one week in a wheelchair. While you complain about your rights being violated for BREAKING THE LAW, proudly “standing up for yourself”, why don’t you think of those who will never be able to stand up?
Comment by Jon — 6/12/2007 @ 8:23 pm
My point is this. I was not breaking the law. It is not against the law to wait inside your car with the engine running to pick someone up. If it was, I wouldn’t have done it. I didn’t make that law, and if it changes I will respect it.
My rights were violated because the police were racially profiling me and my friend. They assumed that because they saw a black man and an Asian in the same car that a drug deal must be going on. This kind of thing happens everyday in Chicago and that is what is illegal here. As a minority, I empathize with all groups marginalized in this society and respect everyone’s right to voice their opinion, so I thank you for yours, Jon. I understand your anger and it has made me more sensitive toward the unfortunate circumstances disabled people face. I hope you will also try to understand why I was upset at the actions of the Chicago police, because I doubt that you would support any sort of racial profiling or discrimination on their part.
Comment by Billy — 7/7/2007 @ 6:27 pm
I AM A BLACK FEMALE WAITING FOR THE METRA AT 5:16 IN THE MORNING WHEN I WAS HARASSED BY THE A WHITE FEMALE POLICE OFFICER. I WAS. DOING MY BLACKBERRY thing when I was approached.SHE SAID “I SEE YOU IN HERE ALL THE TIME , WHAT ARE YOU DOING IN MY TRAIN STATION” UH..WAITING FOR THE COMMUTER. IT IS A COMMUTER TRAIN ISN’T IT? I’m NOT FROM CHICAGO , IS THIS NORMAL?WHAT THE HELL? SHE’S IMPLYING THAT I’m HOMELESS AND HANGING OUT.I WORK AN HOUR AWAY. HAVE TO BE ON TIME FOR MY TRAIN..ANYWAY MANY WITTY THINGS CAME TO MIND AND A FEW I LET GO OF . SHE TOLD ME TO LEAVE THE TRAIN STATION AND NOT RETURN. WHAT!!!! IS IT ME OR ARE A LOT OF PEOPLE IN THIS CITY THE BIGGEST RACIST YOU EVER SEEN.
Comment by ERICA B — 7/14/2007 @ 5:12 am