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Title: No one is pettier than government.
Source: Reason
URL Source: https://reason.com/blog/2017/11/29/ ... e-was-choked-defecated-himself
Published: Nov 29, 2017
Author: Ed Krayewsk
Post Date: 2017-12-01 05:42:15 by Deckard
Keywords: None
Views: 3392
Comments: 49

surveillance video via Fox 2

A Michigan man claims that when he tried to pay a parking ticket in Royal Oak with pennies, a court officer responded by choking him. The attack led him to defecate, he says.

The alleged assault was caught on surveillance tape. An attorney for Anthony Sevo says he intends to sue. Sevo was charged with disturbing the peace and assaulting an officer. He plead no contest on the first charge and the latter was dropped.

"I don't think anyone paying in penny rolls, whether it's a preferred thing to do for a court clerk, warrants this type of this assaultive behavior and violation of constitutional rights," the lawyer told Fox's Detroit affiliate.

The ticket was for just $10. Sevo said he was willing to pay with a credit card, but balked at the processing fee of $1.75—17.5 percent of his fine. By comparison, a 2013 settlement between credit card companies and businesses limited the "swipe fee" merchants could charge to 4 percent.

If Royal Oak officials are worried about an influx of coin payers, it can buy an industrial coin counter for about $400. Otherwise, for the occasional coin payment far cheaper options are available.

Coin and currency are legal tender for debts, public charges, and taxes. In Pennsylvania a few years ago, one small town learned that the federal regulation it was invoking to reject coin payments had in fact expired half a century earlier.

As petty as trying to pay a $10 fine in pennies might be (and as far as paying with pennies goes, that's relatively mild—this year a Virginia man tried to pay $3,000 worth of car taxes in pennies), the government's actions are pettier. But why would anyone expect any different? The residents of Royal Oak don't have a choice of government. Sure, they can vote every few years, but the local bureaucracies remain in place irrespective of who wins.

The 44th District Court, where the incident happened, doesn't have to worry about customer service because there's no competitive pressure. Whether or not you're satisfied with them, you're going to have to pay your fines there, and take it. (1 image)

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Begin Trace Mode for Comment # 27.

#1. To: Deckard (#0)

No one is pettier than government.

Coming from you, Deckard….that is a grossly absurd statement.

Gatlin  posted on  2017-12-01   6:33:41 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Gatlin (#1)

So...in Gatlin Bizarro World, using legal tender to pay a fine is un-American and should result in a beating by police?

The ticket was for just $10. Sevo said he was willing to pay with a credit card, but balked at the processing fee of $1.75—17.5 percent of his fine. By comparison, a 2013 settlement between credit card companies and businesses limited the "swipe fee" merchants could charge to 4 percent.

Should the city be charged with breaking the law and for usury?

Deckard  posted on  2017-12-01   9:18:15 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Deckard (#2)

I have time, I came back to respond and ask some clarification questions from you …

So...in Gatlin Bizarro World, using legal tender to pay a fine is un-American and should result in a beating by police?
I didn’t read anything about an alleged BEATING by police….where did you get that from?
The ticket was for just $10. Sevo said he was willing to pay with a credit card, but balked at the processing fee of $1.75—17.5 percent of his fine.
His right to refuse….so, what’s the problem here?
Should the city be charged with breaking the law …?
Uh….what law did the city break to be charged?
… breaking the law….for usury?
What is the LAW for usury and how did the city break the law?

Gatlin  posted on  2017-12-03   16:19:01 ET  Reply   Untrace   Trace   Private Reply  


#18. To: Gatlin, Deckard, Liberator, misterwhite, A K A Stone (#15)

Uh….what law did the city break to be charged?

Book 'em Danno!


U.S. Department of the Treasury - Legal Tender Status

The pertinent portion of law that applies to your question is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.

Hondo68  posted on  2017-12-03   17:57:05 ET  Reply   Untrace   Trace   Private Reply  


#21. To: hondo68, gatlin (#18)

I went to pay a fine in pennies once about twenty some years ago. They wouldn't accept them unless I rolled them. A cop came and helped me roll them up.

If I ever get a fine again I will pay in pennies. If they try to intimidate me I will let them arrest me then sue them.

A K A Stone  posted on  2017-12-03   18:16:07 ET  Reply   Untrace   Trace   Private Reply  


#23. To: A K A Stone (#21)

That’s fine, and I agree with you. It is the law that you can pay in coin.

You responded to my post, that was not an answer to the question I asked Deckard.

I will ask Deckard the SIMPLY question again.

Gatlin  posted on  2017-12-03   18:51:16 ET  Reply   Untrace   Trace   Private Reply  


#27. To: Gatlin (#23)

I was just mad about having to pay at the time. The cop was actually nice to come help me roll them up. Come to think of it was random change in a cup.

A K A Stone  posted on  2017-12-03   19:06:16 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 27.

#29. To: A K A Stone (#27) (Edited)

I received an expired parking meter ticket in Peru, Indiana, in late December during the mid 1960s. The fine was $10. The meter did show expired. It was a cold Winter day and I deposited coins in the meter again, took the ticket in my hand and walked a block to the City Hall.

I went up to the Desk Sergeant with the ticket in my hand and a $10 bill. I said as I handed the ticket and the $10 bill to the Sergeant: Sergeant, I am here to pay the $10 for a meter expired ticker, but I know for a fact I was only gone for only 40 of the 60 minutes I paid for.

The Sergeant handed me the $10 bill back, kept the ticket and wrote something on it. He then told me to forget it, that some of the meters have a mind of their own at temperatures below freezing. It was far below freezing temperature that day. I didn’t expect him to do what he did and the $10 meant really nothing to me. I never noticed the cops name, but I will always remember his smile as he said to me: Oh, by the way….Merry Christmas. Before I turned to head out the door …

True story but the wording may be paraphrasing since I of course don’t remember the exact wording.

I do know that was only the second ticket from a cop I have ever received in my life. The first was also an expired meter ticket I received in Biloxi, Mississippi. I have never had a moving violation ticket by any cop …

Gatlin  posted on  2017-12-03 19:38:04 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 27.

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