Legal victory for Oakland bike parking

LCushing

New member
BARFers- I park every workday in downtown Oakland. Last year I got a ticket I did not feel was fair and took it to the mat. These days in Oakland, the third step in appealing a ticket is suing the city for the cost of the ticket (poor use of taxpayer dollars and a huge barrier to most appelants; the clerk at the courthouse looked at me and said "we don't get very many people going this far.") But I won, and it's now legal precedent if you seek crannies to park on the street. Here's the full story: http://www.docspopuli.org/articles/Oakland_motorcycle_parking.html
 

Butch

poseur
Staff member
Wow. You rock. The BARF delivers.
Edit: handicappers get to park for free because of the difficulty in handling coins, back in 1972, as is my perception of the linkys...
 
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buellistic

Well-known member
Lucky you..
I got a 75 dollar parking ticket. For parking in a 2 hour parking spot for 30 min there..never going to Oakland again..
 

pinhead78

Member
Does this mean we can now park in similar spaces throughout the Bay Area (and California) as it was settled by the State level Superior Court?

Could this then be built upon to allow legally parking in non-traditional parking areas such as large curbs or niches along the street? Think parking a bike on those enormous over-sized curbs that sometimes surround plazas or shopping centers provided we do not impede the flow of pedestrian traffic.
 
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Beanzy

Wind free
Not a lawyer. But I believe in fighting our individual cases re curb parking, we'll be able to cite as precedent Cushing v. City of Oakland (Feb. 2020) Cal.Super.Ct. RG-19046692 to beat the ticket. Then it's up to the traffic commissioner to go along (and I bet he or she will).
 

OurSix

10 Year Hiatus
Generally speaking, Superior Court decisions are not binding on other courts, except possibly some specialized courts*. That being said, they are persuasive and other Superior Court judges may defer to them if they are well reasoned and the judge has no specific issues or predispositions.

Were one to take a similar case to the Superior Court level in, say, San Francisco and lose, one could appeal. Whether or not the appeal would be accepted depends on a variety of factors, but if it is and if one were to prevail, the decision would be binding on all superior courts in California. The cost of an appeal is generally prohibitive. Fee waivers are available and I have found that they are inclined to grant them to individuals who can show some reason why they could not afford it.

*I mentioned specialized courts---I am not sure, but it is possible that traffic courts, magistrates, etc., may be bound by a Superior Court decision. This would require further research and testing. I encourage someone who gets a ticket in San Francisco and goes to traffic court to take the documents with them and give it a shot.

In any event, thanks for putting in the time. This is great for the MC community and rights something that has often bothered me. I also agree with the comment about the misuse of disabled placards---it is very frustrating and hurts everyone. Parking an MC in a little space that would otherwise go unused hurts no one (except if some ass has a beef and intentionally knocks over the bike on his or her way out).
 
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