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Title: Court Tosses Truck Owner’s Parking Citation Because Of A Missing Comma
Source: Consumerist
URL Source: http://consumerist.com/2015/07/01/c ... on-because-of-a-missing-comma/
Published: Jul 1, 2015
Author: Mary Beth Quirk
Post Date: 2015-07-03 11:08:38 by Deckard
Keywords: None
Views: 1050
Comments: 1

It pays to read everything carefully — or rather, you might not have to pay a fine if you’re as sharp-eyed as one Ohio woman. She ended up having a parking citation tossed by an appeals court, all because she noticed there was a comma missing in the local law.

As anyone who has ever written a sentence knows, punctuation is of the utmost importance. And in one Ohio village, English teachers are likely sighing and shaking their heads at a grammar mishap involving the local law on parking regulations.

The Columbus Dispatch reports that the 12th District Court of Appeals overturned a parking violation [PDF] for a woman living in West Jefferson. She’d been convicted in municipal court for leaving her pickup parked on a village street for more than 24 hours.

But she pointed out that the municipal ordinance prohibited “any motor vehicle camper, trailer, farm implement and/or non-motorized vehicle” from daylong parking.

Her truck, she said, is not a motor vehicle camper. It is a motor vehicle, which would’ve been covered if the law had a comma where it should’ve.

The village argued that it was just a typo and therefore didn’t invalidate her violation. The trial court upheld that view, saying that when reading the ordinance in context, it unambiguously applied to motor vehicles and “anybody reading [the ordinance] would understand that it is just missing a comma.”

Grammar won the day, however, after the court sided with the truck owner.

“If the village desires a different reading, it should amend the ordinance and insert a comma,” Judge Robert A. Hendrickson wrote.

Oh, snap.

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#1. To: Deckard (#0) (Edited)

The village will win on appeal but may not consider it worth pursuing. However, this woman's success may bring forward many others who paid fines under this law to demand refunds in a class action lawsuit so the village may have no choice.

We haven't heard the last of this squabble.

Tooconservative  posted on  2015-07-04   7:30:35 ET  Reply   Trace   Private Reply  


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