Mary Sanchez: When municipal nitpicking becomes real oppression
The tiny town of Pagedale, Mo., would make a good setting for an episode of "The Twilight Zone."
The 3,300 residents live under intense scrutiny, fearing city workers who hand out a dizzying array of fines and tickets for the slightest of infractions.
Imagine cowering in your front room, fearful that a codes inspector will roll up with a ruler, ready to measure the front lawn's height. Or possibly he'll peer into the front windows, checking to see that screens are attached and not frayed, and that sufficiently tidy and matching curtains are hung. Maybe he'll find a shingle is out of place.
No kidding. These are real citations.
A few more gems: Walking on the wrong side of the crosswalk, wearing pants too low and setting up a barbecue grill in the front yard can earn you a fine. Grilling out front is allowed only on national holidays.
The hammer of the U.S. Constitution came down on Pagedale Nov. 4. A class action lawsuit by the Arlington, Va.-based Institute for Justice was filed against the city. The suit alleges that Pagedale is nitpicking codes to fill municipal coffers after the Missouri legislature cracked down on how much city revenue could be raised by traffic tickets. (The legislature was moved by the national embarrassment of Pagedale's neighboring jurisdiction, Ferguson.)
The Pagedale lawsuit illustrates again why Ferguson mattered -- and not in the ways usually discussed.
Ferguson police had been expected to harass residents, the goal being revenue, an exhaustive U.S. Justice Department report later found. Ferguson police officers and city officials who balked at playing this game were penalized professionally and silenced for their concern. This is how bad policy becomes institutionalized.
Unlike in Ferguson, race discrimination is not at the forefront in Pagedale. But the oppression of poor citizens is just as onerous.
The lawsuit charges that Pagedale's excessive citations for non-traffic infractions are a reaction to a new cap for total traffic fines of 12.5 percent of municipal revenue. Since 2010, the lawsuit alleges, non-traffic tickets have risen by nearly 500 percent. In 2014, that meant about two tickets for every household.
One plaintiff was slammed with $2,800 in fines. Another took out a high interest payday loan to make restitution with the city. A vicious cycle ensued. Residents spent scant cash on paying fines, leaving nothing available for mandatory repairs, which then triggered more fines.
The citations often don't list the actual infraction, the suit alleges. Rather, homeowners have to go to court, which is held twice a month at 6:30 p.m., and pay up or risk a warrant for their arrest and more fines.
Pagedale officials claim that ticket-writing for such violations has diminished in recent months, and they profess to simply trying to keep the city nice.
"It's got nothing to do with driving up revenue," Sam Alton, the city attorney, told the New York Times. "And it's got everything to do with making the properties code compliant and safe."
Alton may believe that. Officials probably are concerned with the city's appearance and reputation.
The problem is that they seem to have lost a sense of proportion, not to mention empathy.
Irrespective of their rationalizations, they have become an oppressive government, and the oppressed have decided to fight back.
Mary Sanchez, Kansas City Star, 1729 Grand Blvd., Kansas City, Mo. 64108-1413; msanchez@kcstar.com.
This story was originally published November 7, 2015 at 12:00 AM with the headline "Mary Sanchez: When municipal nitpicking becomes real oppression ."