King County Superior Court Judge Michael Trickey granted the appeals of five people whose cars were towed under the ordinance in 1999, saying the state constitution requires alternatives to be considered before property is seized. The ordinance, enacted in 1999, allows police to impound the cars of people caught driving with suspended licenses. Most lost their licenses because they didn't pay tickets. Critics say the law unfairly affects the poor and minorities. More than 40 percent of the 5,000 cars towed in 1999 belonged to African Americans.
Many people never regain their cars.
Sidran said his office likely would appeal Trickey's ruling to the state Court of Appeals. However, the public defender who argued the case was skeptical of the ruling's immediate effect. Daugaard said a long line of legal decisions had indicated that impounding property without a consideration of alternatives was illegal. And yet, she said, that hadn't stopped Seattle police from enforcing the local ordinance. Sidran said that impounding the vehicles of people driving with suspended licenses is reasonable because it takes the cars out of the hands of those who should not be driving.