A letter to Matthew G. Platkin, Attorney General and Chief Law Enforcement Officer in the State of New Jersey. To the attention of: Sundeep Iyer, Director of the New Jersey Division of Civil Rights; Cari Fais, Acting Director of the New Jersey Department of Consumer Affairs

 

 

 

 

To whom it may concern:

I am a constituent in the State of NJ. The reason for my letter is to express an urgent need to speak with a representative from the Office of the Attorney General, concerning an overt infringement of due process rights, as protected by the 5th and 14th Amendment in the US Constitution and also, a clear violation of rights in Article I of the NJ Constitution, as a result of my vehicle being impounded. This has not only affected me, but thousands of others who have been seemingly unaware of their civil right to due process and/or did not know how to advocate for themselves.

The US Supreme Court has upheld the fact that "no one shall be deprived of life, liberty or property, without due process of law." Pursuant to Propert v. D.C., 948 F.2d 1327, 1332 (D.C. Cir. 1991) "Every court which has considered the issue has held that the owners of towed vehicles — whether illegally parked, abandoned or junk — are entitled, at minimum, to post-deprivation notice and a hearing." I was not afforded this basic right and as a result, being a victim of this act by a Municipality within the State of NJ, my vehicle is now at imminent risk of being sold in auction, for reasons not within my control. It should also be stated that a person whose vehicle is impounded, should not only get proper notice of  their right to an administrative hearing, but they should not have to elect for this option—it should be automatic, as anything that would suggest otherwise would not give proper notice of their right to a hearing (i.e. you should contact us within 5 days of this notice to request a hearing or else...). While even that did not happen in my case, it is still wrong for any Municipality who conducts themselves in such a way. A constitutional right is not something any Municipality or State Agency can infringe on, as is clearly defined in the 14th Amendment of the US Constitution. 

Not only is this deceptive practice a disservice to constituents, but overlooking this has and will continue to cause economic barriers to NJ Residents, including: irreparable financial hardship, loss of employment, homelessness (especially for declared homeless residents who use their vehicle as a home), shame and for some, it puts them at risk of losing their life; for fighting to maintain their property—a civil right as clearly noted in the 5th and 14th Amendment of the US Constitution and Article I in the NJ State Constitution. It should also be said that these acts of excluding rights to NJ Residents, to end with a predetermined outcome (paying fees or foreit their property), disproportionally affects low income and marginalized people and does not provide enough protections for them to defend the right to their property. Not only is it tone deaf, but it is prejudice. I declare, that is unconstitutional.

I assert that any Municipalities clear exclusion of this civil right, outlines corruptive practices, that seek to benefit certain parties, namely, predatory towing companies and any actors paid or benefited in some way, by this crime. In addition, it leaves constituents with no choice but to pay fees (many times illegal and unreasonable fees; violating the Predatory Towing Protection Act or exploiting it in such a way to charge unreasonable fees, when approved by a fee schedule in a Municipality that has not undergone auditing or unbiased review), without justly stating their case before an unbiased administrative hearing judge. On these premises alone, this serious issue warrants a complete and thorough investigation and immediate change, to the restoration of constitutional rights; holding accountable every actor involved in the violation of rights. 

For many who have faced significant financial hardship for any reason, they risk losing their assets and being mistreated while interacting with said predatory towing companies and/or law enforcement officers, who have the upper hand with the support of any State statute or Municipal ordinance that abridges clearly defined rights enforced by law enforcement, who facilitate and organize these discriminatory practices. 

It is unconstitutional, it is unethical and it damages the trust of constituents, especially those who want to rest assured with the confidence in knowing that their local leaders and their State agencies will protect their interests without reservation. 

This is a public safety issue, it is a civil rights issue, it is a trust issue and it needs to be addressed and rectified immediately.

In accordance with the First Amendment in the US Constitution, I am petitioning NJ Attorney General Matthew G. Platkin; Sundeep Iyer, Director of the New Jersey Division of Civil Rights; and Cari Fais, Acting Director of the New Jersey Department of Consumer Affairs, with any other concerned individuals, including Governor Phil Murphy: to intervene and address this issue that has not only affected my life, but for years, the lives of so many who by force, have no voice in our society (homeless, BIPOC, low income, victims of domestic violence, immigrants, etc.), those who are unaware of their rights and those who do not know how to voice these concerns to their elected and appointed officials as is clearly defined in the First Amendment of the US Constitution. 

 

In the words of President Abraham Lincoln, "...of the people, by the people, for the people;" let us not forget why deomocracy exists. 

I implore you all, protect the constitutional rights of NJ Residents and promote fair and equal opportunity to exercise said rights, without reservation. 

 

Thank you.