2019 Land Rover Booted & Impounded by City of Philadelphia for Three Unpaid Traffic & Parking Violations

The 2019 Land Rover had three traffic violations on November 20 th and 26 th , 2022 and January 18, 2023 and a parking violation issued on May 5, 2023 by the City of Philadelphia Parking Violations Branch. The owner/driver claimed that he was “American National with a non-citizen national passport” and never paid either the traffic or parking violations. The City of Philadelphia impounded the 2019 Land Rover. See Jones v. Phila. Parking Authority, United States District Court for the Eastern District of Pennsylvania, Civ. No. 23-CIV-4343, 2023 U.S. Dist. Lexis 211926, 2023 WL 8258793 (Released November 28, 2023).

The owner alleged several times to the City of Philadelphia that his status as an American National, that “…the rules and regulations governing the ownership and operation of automobiles do not apply to him. (Id. at 7 (stating that he is exempted from state law requirements to possess a driver’s license, state registration, or automobile insurance).”

Philadelphia rejected the owner’s arguments and sent notice an “Immobilization Warning” which informed that “…any vehicles belonging to him were ‘eligible to be booted under 12- 2400 of the Phila. Traffic Code’ for failure to pay delinquent traffic citations. The Warning also stated that Jones could avoid his vehicles being booted if he immediately paid the delinquent violations and outstanding fees.”

On November 1, 2023, Philadelphia placed a boot on the 2019 Land Rover. Philadelphia reminded the owner that he could avoid impoundment if all the delinquent fees and fines were paid.

Instead, the owner filed suit. He alleged that his “right to travel was violated after his automobile was impounded.” In response, the District Court responded that “…the existence of ‘a constitutional right to travel’ …does not restrict the State from regulating the use of its roads as a matter of its police powers.”

The court dismissed the complaint. “The imposition of monetary fines and the impoundment of an automobile for violations of parking or traffic laws does not rise to the level of a violation of the right to travel.”