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The Founding Fathers' views on freedom of speech and taxation without representation are well documented. But what would Thomas Jefferson, Benjamin Franklin and Alexander Hamilton think of Provo's permit-only parking areas?
It's hard to say, but a Utah Valley University student is betting that Patrick Henry would have proclaimed, "Give me parking or give me death!" and is fighting his $10 parking ticket on constitutional grounds.
DonCarlos Wells filed a motion to dismiss his parking violation case in Provo City Justice Court, arguing that Provo's permit-only parking ordinance in the neighborhood near Seven Peaks is a violation of his First Amendment right to assembly. In his motion, the 28-year-old Provo resident said the parking ordinance essentially requires him to get the city's permission to visit his friend's home.
"You can't enjoy your right to assemble if the threat of financial damage hangs over your head every time you try to do it," Wells said.
In February, Wells was visiting a friend who lives on 1420 East near 500 North, an area where the city requires a permit to park on the street, even for residents. Instead of simply paying the $10 ticket, however, he decided to fight.
Wells said his constitutional law argument against the city's parking ordinance caused a minor stir in the courtroom.
"The prosecutor and the judge were both kind of dumbfounded. The prosecutor actually laughed," Wells said.
Prosecutor Steve Shriner said the city has not responded to Wells' motion yet and declined to comment on the case. He said Wells raised his argument in court and was instructed by the judge to file an official motion.
Wells believes his cause is righteous, but Brigham Young University law professor Frederick Gedicks said the parking permit patriot may have misinterpreted the definition of the Constitution's freedom to assemble. The First Amendment to U.S. Constitution states that Congress shall make no law abridging "the right of people peaceably to assemble, and to petition the government for a redress of grievances."
Gedicks said that the key words are "redress of grievances."
"My hunch is that's not what he was doing in the Seven Peaks neighborhood," Gedicks said. "There's no constitutional argument here."
The Supreme Court also recognizes an implied right of freedom of association based on the freedom of assembly, Gedicks said, but that it generally applies to family, living arrangements and political associations.
"The Supreme Court doesn't recognize that right in the context of social associations," Gedicks said.
Wells was partially inspired to file his motion by UVU political science professor Anthony Terry, a former justice court judge for Alpine and Highland. Terry said he does not offer legal advice to his students, but encourages them to use the courts system to the fullest extent.
"I think it's novel," Terry said of Wells' constitutional argument. "And by novel, that doesn't mean invalid. I think that his ideas are interesting. And in our society right now, where individual rights are being so stressed, you can never tell where an argument like this is going to go."
The parking permit programs for the Foothill Park and University Garden/North Foothill areas went into effect at the beginning of the year. According to Provo city spokeswoman Helen Anderson, the Provo Municipal Council approved the program in October due to complaints from residents about people parking on the street. Some residents complained that the excess cars blocked their views while backing out of their driveways, or that their garbage cans were being knocked over.
"As some put it, their neighborhood had turned into a parking lot," Anderson said.
On the other hand, the parking ordinance is a frequent source of complaint from some residents in the restricted areas, which are home to large numbers of BYU students.
"I think this is not just someone trying to get out of a parking ticket. I think this is indicative of a level of frustration that students are feeling with the city of Provo's parking regulations," Gedicks said.
Indeed, Wells feels that the city should not be allowed to require parking permits on public streets that are paid for with tax dollars. The tickets are only $10, he said, but they can add up over the course of a four-year degree for the students who live in the area or frequently visit.
"You can't even have relatives come over from out of town and spend the night ... because if they do, their car's going to get a ticket," he said.
Wells said $10 is the "perfect number" for the unpopular parking tickets, because it is low enough that most people will decide that fighting the fine is not worth the hassle. Even the prosecutor commented in court that the ticket was "only $10," Wells said.
"It's a money grab," Wells said of the permit program. "So far, I'm the first person who went, 'No, screw that. I'm going to fight it.' "
Wells said his motion to dismiss is scheduled to be heard in Provo City Justice Court on Aug. 11.
Property owners in the Foothill Park area, which includes the neighborhood near Seven Peaks, can get up to two permits for $15 apiece. They can also get up to six temporary permits three times a year for $2 apiece to accommodate visitors.
• Jeremy Duda can be reached at 344-2561 or
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