The panel of three judges of the 6th circuit court of appeals in Cincinnati USA invalidated the application of the valets of the marks of the chalk on the tires of cars.
The Federal appellate court considered the case of 2017, an excited Alison Taylor, which for three years was issued 15 Parking tickets in Saginaw, Michigan. Taylor argues that marking tires with chalk constitutes unwarranted surveillance under the fourth amendment to the Constitution. But U.S. district judge in Michigan dismissed the suit in 2017, writing that the piece of chalk is not «information gathering device» that could violate the privacy of Taylor, such as a GPS tracker.
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The appeals Commission on Monday agreed that the mark on the tire is a way of observing and violating constitutional rights. U.S. district judge Bernice Donald Bowie wrote that «the administration of the Parking lot to monitor vehicles that are parked legally, without any probable cause, based only on «subjective suspicions of willingness to commit misconduct».
As further discussed in the Commission’s decision in this case was also an attack, because the Valet came into deliberate physical contact with a vehicle, a Taylor. While Saginaw (city Parking administrator against whom the claim is made Taylor) has the right to regulate public Parking, «the way that he chooses, this method must not violate the constitutional rights of citizens.»
On Monday, the Commission decides to claim Taylor sent back to U.S. district court in Bay city, Michigan.
