The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-07-08
BUSINESS men
WILL SUE TO
ENJOIN TOWN
Injunction viii Be Asked
Today in Fight on
Parking Ban.
M0T0RIST IS ARRESTED
Alleged to Have Sworn at
Officer and Torn Up
StiCker on Car.

Al AO1Sc Uub u lew IlOuIS, the new
traffic law prohibiting parking In
the downtown area from to 9:15
a. m, today neared new snag
when business men, whose ire has
been aroused by the ban, were to
seek the aid of a court to halt en-
forcement of the ordinance.
Frank S. Fishback, downtown
restaurant operator, was to file an
injunction suit IN a county court
asking temporary restraining
order that prohibits enforcement OF
the ordinance. The suit was pre-
pared and attorneys were attempt
ing to locate a judge to hear the
restraining order argument.
The suit was prepared after po-
lice had towed-in seven cars that
violated the rule that no autos may
be parked downtown from 7 to 9:15
a. m.
Second Attempt
This is the second time in a
month police and city officials have
attempted to carry out the letter
of the law. The first time, it was
revealed that a legal flaw in the
ordinance made it powerless.
Correction of this and councilmen
turning a deaf ear to pleas of bust
ness men resulted in preparation of
the suit. Defendants will be mem
bers Of the board of safety and
Police Mike MorrisSey.
FIshback, owner of the Virginia
Grill, 31-35 East Maryland street,
alleges in the suit provisions Of the
are "prohibitive, arbi-
trary, unreasonable and oppressive
to this plaintiff and others similarly
The suit is to charge that under
the law, there is no allowance for
temporary stopping to allow either
pick up or discharge of passengers
or merchandise and it will leave the
streets bare and devoid of any evi-
dence of business activity" during
Z and ais a. m.
Suffer in Downtown
This, 1t is alleged, will cause
business men to suffer losses while
in other parts of the city business
men have lenient traffic rulings.
AS claimed by William A. Boyce.
former city clerk and attorney, the
suit sets out there are parking
regulations and sticker assessments,
that, if enforced, would be sufficient
to control the traffic situation.
The town provision is charac-
terized as an unlawful exercise OF
police powers" in the suit. Four
lane streets in the city also are at
tackled, the complaint charging the
law provides for free use of the
streets by motorists from the CEN
ter to the right.
Fairly Well Observed
D. S. McCready of the Peoples
State bank was the first victim to
pay the tow-in charge. The fee is
So where cars are towed in and $3.50
where a crane is used.
The ordinance was fairly well OBJ
served for the first day, according to
Captain Lewis johnson, in charge
Of traffic.
johnson said he instructed traffic
officers to be reasonable and fair
in enforcing the ordinance, taking
every precaution possible to avoid
towing in cars from out-of-town.
A number of car owners appeared
in time to save their cars from be-
ing tOWed in and were given traf-
hc Stickers.
Patrolman Roy Losh arrested
James Angelo, AZ, of 124 North
Pennsylvania street, when Angelo,
according to the officer, tore ND a
sticker for improper parking and
cursed the officer. He was charged
with improper parking, profanity
and resisting an officer. Later
Angelo was released on $25 cash
bond.
Enforce Other Provisions
Two ordinances, one repeating the
early morning parking ban and the
other reducing the area consider
ably and making it effective for a
shorter time, are pending before
city council, but probably viii not
be acted on before the next regular
meeting, July 20.
Thus, unless a temporary re-
order is obtained by Boyce
in his suit, the ordinance will re-
ceiye at least two weeks further
trial, as desired by city officials.
In addition to the downtown ban,
police also were enforcing the pro-
vision against parking between 7
and 9:15 a. m. on the west side of
Meridian street from Vermont
north to Sixteenth street. Parking
on the east side of the street is for
hidden from 4:30 to p. m. during
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