City to settle suspended license suit

The city of Spokane will pay $32,000 and restart a program to help suspended drivers get back on the road to settle a lawsuit over a city towing policy, according to a resolution the City Council approved Tuesday.

Arthur Thomas of Spokane filed suit in U.S. District Court in October 2006, claiming it’s unconstitutional for the Spokane Police Department to automatically tow cars operated by drivers with suspended licenses. His car was towed after he was arrested for driving with a suspended license in October 2003, according to the resolution.

“We’re not admitting any guilt,” City Councilman Bob Apple said. The program to help suspended drivers was something the city was considering restarting anyway, he added.

Assistant City Attorney Rocky Treppiedi said city policy is constitutional and does not mandate cars be towed if drivers are caught with suspended licenses. “Officers have to exercise their discretion,” he said.

The $32,000 represents what Thomas paid to retrieve his vehicle from impound, plus attorney fees and payment for an alleged records request violation, said his attorney, Breean Beggs of the Center for Justice in Spokane.

Beggs said the city withheld documents related to the impoundment of the car for about 600 days, meaning Thomas could collect penalties of $5 to $100 per day, according to the state penalty for illegally withholding records.

“This lets everyone move on,” Beggs said.

He also praised the decision to bring back the license program, which will allow suspended drivers without lengthy records of violations to regain their licenses by going before a judge and agreeing to monthly payments.

Council members said too many suspended drivers get caught in a cycle of penalties and payments. Not driving would mean not getting to work, which could prolong the suspension because of a lack of income to pay fines, they said.

“Restarting this old program will help hundreds, probably thousands, of people get their licenses back,” Beggs added. “It’s good for the city because the city was spending thousands and thousands of dollars prosecuting people who didn’t have their license. It was a just a waste of money.”