A Santa Monica Pier vendor is suing the City of Santa Monica in federal court.
The class action civil rights lawsuit, filed on July 28 by Reyes Contreras Murcia, alleges that the Fourth Amendment rights (prohibiting unlawful search and seizure, and establishing warrant requirements) of low-income Black and Brown drivers are being violated through the City of Santa Monica's vehicle seizure policy, citing the illegal towing of vehicles that belong to unlicensed drivers and the steep, arbitrary fees pushed on them to get their vehicles out of impound.
The lawsuit contends that warrants have not been produced to justify the seizure, towing, or continued holding of vehicles, and that these seizures deprive the affected of both their property and abilities to make a living. Santa Monica Police Chief Ramon Batista, All City Towing, and Santa Monica City Manager David White are all named as co-defendants in the litigation.
According to the complaint, Murcia says he was "safely stopped" in his 2006 Chevy Tahoe in the Pier's parking lot, when Santa Monica police questioned him over a broken tail light. He was not able to produce a California driver's license, only an expired license from Mexico, while asserting that his car was not a traffic hazard. Murcia was allegedly not allowed to have his brother, who does possess a valid California's driver's license, come pick up the vehicle. The car was towed by All City and impounded, with Murcia facing a $159.90 fee for its release and a $1,128 30-day impound fee, in addition to the lost income by not having the sole vehicle he has.
The car will not be released until the City of Santa Monica allows it. Meanwhile, the fees continue increasing and he believes the car could be sold to cover the impound fees, making him lose it forever.