Class Action Alleges San Diego, Police Department’s ‘Tagging’ of Legally Parked Vehicles Is Unconstitutional

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Two consumers have filed a proposed class action lawsuit in which they allege San Diego and its police department’s practice of “marking” or “tagging” vehicles with a chalk mark in order to determine those that have been parked for too long in time-limited spots is unconstitutional. 

According to the lawsuit, the tagging of a vehicle’s tire with chalk by the defendants occurs during a time period in which a car is parked legally. Once the legally allowable parking period expires, such as with the expiration of a paid meter or parking permit, the defendants then allegedly ticket a marked vehicle. 

The case argues that, notwithstanding very few exceptions, no law allows local governments or police departments to “mark, touch, place or intrude” on a private vehicle without the owner’s consent. Local governments that engage in the tagging of private vehicles have apparently collected “enormous amounts” of penalties and fines, and many government entities, the case claims, have “doubled, if not tripled” fine amounts when a penalty or fine is not paid on the basis of appeal.