HomeMy WebLinkAbout05-13-25 Public Comment - M. Lair - ARB - please distributeFrom:milaireny@gmail.com
To:Bozeman Public Comment
Cc:Greg Sullivan; Mike Maas
Subject:[EXTERNAL]ARB - please distribute
Date:Monday, May 12, 2025 12:53:53 PM
Attachments:5.12.25 Submission to the Parking Commission.pdf
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All, I have not heard back on the FOIA completion requests. Attached is my position, withoutthe benefit of the full FOIA production.
Please, let’s not have to go to Court.
Sincerely,
Mike Lair
650-438-2272
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Mike Lair
Milaireny@gmail.com is preferred
Bozeman, MT 59771
650-438-2272
April 28, 2025
City of Bozeman
Parking Commission
20 E Olive St,
Bozeman, MT 59715
RE: FOIA Failures of the City, and Opposition to Appeal Denial for
Citation No. 78954018 et al. And request to modify practices.
Dear Commissioners,
This is my renewed demand, pursuant to Mont. Code Ann. § 2-6-1006;
1.Immediate disclosure of all responsive records, of which I have already paid
for;
2.A complete itemization of any withheld or redacted documents and the
specific exemption(s) relied upon;
Further, I respectfully contest the denial of my appeal regarding Citation No.
78954018, 77601628 and all others that were erroneously mis-mailed. The
dismissal of my appeal fails to consider critical facts concerning poor city
planning, and compliance issues under the Americans with Disabilities Act
(ADA).
1. Poor City Planning and Lack of Adequate Signage: The area in which the
citation was issued suffers from poor city planning and design deficiencies.
Specifically including, but not limited to:
•Municipalities have an affirmative duty to ensure that parking infrastructure
is safe, accessible, and equitably planned in accordance with federal law,
state law, and constitutional principles. Poor parking planning — including
insufficient allocation of spaces, hazardous designs, lack of ADA-compliant
spaces, and arbitrary enforcement — violates these obligations.
•Signage in the vicinity is unclear, improperly placed, or completely absent in
violation of standard traffic engineering principles.
•Markings on the street and curb were either faded or confusing, making it
extremely difficult for an ordinary driver to discern restricted zones.
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• These deficiencies create a hazardous environment and unfairly expose
citizens to inadvertent violations without proper notice, violating principles
of fair enforcement.
• Under the Americans with Disabilities Act (ADA), municipalities must
provide a minimum number of accessible parking spaces based on total
parking capacity, and must ensure that these spaces are properly distributed
and connected to accessible routes. Failure to plan, construct, and maintain
accessible parking facilities constitutes discrimination against individuals
with disabilities under 42 U.S.C. § 12132 and related federal regulations.
Moreover, poor planning that leads to unsafe or confusing parking
conditions endangers public safety and disproportionately burdens
vulnerable populations, including elderly, disabled, and economically
disadvantaged individuals.
• Montana law also imposes duties on municipalities to act reasonably and
non-arbitrarily in the management of public spaces. See City of Billings v.
Gonzales, 2006 MT 24, ¶ 12, 331 Mont. 71, 128 P.3d 1014 (holding that
cities must exercise their regulatory authority consistently and without
arbitrary or discriminatory practices). When a city fails to plan adequately
for basic necessities like safe, accessible parking, it acts negligently and
capriciously, exposing itself to legal challenge.
• Finally, inconsistent enforcement of unclear or poorly marked parking rules
further compounds the injustice. Selective ticketing practices, coupled with
inadequate signage or confusing layouts, violate due process guarantees
under both the Montana Constitution (Art. II, §§ 17, 24) and the U.S.
Constitution (14th Amendment). Enforcement cannot cure poor planning;
rather, enforcement must reflect a system that is itself rational, fair, and
accessible to all citizens.
• In sum, poor municipal parking planning, especially when it undermines
accessibility and safety, is more than a matter of poor governance — it is a
violation of federal civil rights law and Montana constitutional principles,
and it demands legal redress.
2. Arbitrary Enforcement Argument:
Governmental enforcement of parking regulations must be consistent, predictable,
and fairly applied. Arbitrary or sporadic enforcement violates due process
protections under both the United States Constitution and the Montana
Constitution. See City of Missoula v. Nelson, 234 Mont. 455, 764 P.2d 844 (1988)
(holding that laws must be enforced with reasonable uniformity and fairness).
Selective or inconsistent enforcement not only undermines public trust, but also
constitutes a denial of equal protection under law. See State v. Vainio, 2001 MT
220, ¶ 28, 306 Mont. 439, 35 P.3d 948. In this instance, enforcement actions
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appear to have been arbitrary, lacking a consistent policy or clear justification, and
should therefore be invalidated. Some Montana cites that apply;
• State v. Lacasella, 194 Mont. 22, 634 P.2d 645 (1981)
(Arbitrary application of laws violates due process.)
• McDermott v. Mont. Dep’t of Corrs., 2001 MT 134, ¶ 18, 305 Mont. 462, 29
P.3d 992
("Equal protection requires that all persons similarly situated be treated
alike.")
• Rohlfs v. Klemenhagen, 226 Mont. 133, 733 P.2d 1266 (1987)
(Arbitrary government actions violate constitutional protections.)
• City of Missoula v. Levine, 2000 MT 276, 302 Mont. 220, 14 P.3d 419
(Procedural fairness and consistency in enforcement required in local
governance.)
• City of Missoula v. Nelson, 234 Mont. 455, 764 P.2d 844 (1988)
(Government enforcement must be evenhanded and predictable.)
• State v. Vainio, 2001 MT 220, ¶ 28, 306 Mont. 439, 35 P.3d 948
(Selective enforcement can rise to constitutional violations.)
• State v. Dugan, 2002 MT 171, ¶ 24, 310 Mont. 209, 49 P.3d 785
(A court must invalidate government action if it is arbitrary or capricious.)
• In re License Revocation of Koch, 2002 MT 53, 309 Mont. 35, 43 P.3d 305
(Government decisions impacting rights must be based on rational
standards.)
In a Lair FOIA request to the City of Bozeman, of a couple questions that were
partially answered, one was:
“A list of all appeals whether denied or approved (including name and email
address and reason for appeal). Please include all citation data within each line
item for all of 2024”. There were in excess of 2,594 appeals alone. (DID NOT
INCLUDE EMAIL ADDRESSES)
Next on my FOIA was, “A list of all parking citations issued to The United Postal
Service, FedEx, UPS, Sysco food, US Food, Bronkens, Cardinal Distributing,
Harrington Pepsi - within the downtown area of Main Street (from Rouse to
Grand) and 2 blocks north ^ south for all of 2024”
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There was only 2 tickets issued for the above entities in
all of 2024! Using the photographs below, taken at many
times over the year. The commercial operators are getting
a pass. (the selective enforcement proof)
One USPS driver (first picture), stated, “I never get
parking tickets and I am here every day, 6 days a week for
hours” →
Some of the many examples I’ve documented:
3. Violations of the Americans with Disabilities Act (ADA) (Lair is Disabled,
using a handicapped placard). Under the ADA, public spaces must be accessible
and navigable for individuals with disabilities. In this area:
• As Just one example of many, there are No handicapped spaces (north
or south side of main -Tracy to Willson) nor properly marked ADA-
compliant parking spaces were available within a reasonable distance,
creating an undue burden for those requiring accessible parking options.
• Failure to provide accessible parking violates 28 CFR Part 36 (ADA Title III
regulations) and constitutes a denial of equal access.
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• The absence of compliant accessibility features and adequate curb ramp
access suggests broader systemic noncompliance, resulting in discriminatory
conditions for people with disabilities.
Because of these factors, issuing citations in this inadequately maintained and non-
compliant area unfairly penalizes individuals while the City itself remains out of
compliance with federal civil rights law.
4. Request for Reconsideration Given the above, I respectfully request:
• Immediate dismissal of Citation No. 78954018, 77601628 and all others
outstanding on Plate # CFN575 if any;
• Audit and correction of signage, striping, and accessibility deficiencies at
the cited location as well as city wide, along with enforcing unbiased
regulations and code, that currently, I’ve demonstrated incontrovertible
proof – Bozeman penalizes its working poor and not companies;
• Full and Immediate Implementation of ADA-compliant parking spaces
in accordance with federal law and city code requirements.
• Mandatory placement of tickets on vehicles Recently, our 4 highest
elected officials wrote to the US Postmaster General. In that letter, they
admonished the USPS for its repeated and severe delinquencies in delivering
mail in Montana. The city of Bozeman uses this defective delivery method
for many tickets, therefore, people do not get the tickets in the mail in time to
appeal. ALSO, given the poor housing planning here, when covid hit, and
rental prices went out of reach for all of us working people, many renters
were forced to move, some many times, and the DMV may not have
processed address changes, affecting receiving any Notice of a Ticket from
the City Parking Department, denying ability to appeal.
• Refund/cancel all ticket fees to owners going back 4 years for the reasons
listed herein, and refunds should be issued immediately.
5. Unlawful Retaliation by the City of Bozeman
Lair was asked to advocate with the city over these same issues for another man.
Within 12 days ----the car was towed and impounded in retaliation for bringing
these types of petitions for redress.
Citizens have a constitutional and statutory right to petition the government for
redress of grievances, including raising concerns about municipal services and
infrastructure such as parking planning. See U.S. Const. Amend. I; Mont. Const.
art. II, § 6 (right to participate and petition). When a municipality like the City of
Bozeman responds to such protected activity with punitive measures — such as
selectively enforcing parking violations, issuing retaliatory citations, or otherwise
targeting individuals who speak out — it constitutes unlawful retaliation.
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Under federal and Montana law, retaliation occurs when a government actor takes
adverse action against an individual because of their protected speech or
petitioning activity. See Mt. Healthy City School District Board of Education v.
Doyle, 429 U.S. 274 (1977) (establishing retaliation standard under federal law);
Chipman v. Northwest Healthcare Corp., 2012 MT 242, ¶ 23, 366 Mont. 450, 288
P.3d 193 (recognizing retaliation claims in Montana). The government may not use
enforcement powers as a tool to silence or punish critics.
Here, the sequence of events — lawful complaints to city officials regarding
unsafe, inaccessible, or poorly planned parking followed by heightened ticketing,
denial of appeals without due consideration, or other adverse actions — raises a
strong inference of retaliatory motive. Such conduct not only infringes
constitutional rights but also violates public policy favoring transparency,
accountability, and citizen participation in government decision-making.
If a municipality conditions fair treatment on silence or punishes criticism with
adverse enforcement actions, it undermines both the rule of law and the democratic
process. Such retaliation is unlawful and actionable under both constitutional and
statutory frameworks.
The City cannot, in good conscience or law, penalize residents for conditions
caused by its own planning and compliance failures.
Thank you for your reconsideration.
Respectfully,
Mike Lair
650-438-2272