University Ticket for Failure to Remove Old Permit

[ChrisF]

Question:
Does a public university have the legal grounds to restrict and subsequently fine for the displaying of expired permits, even when a current permit is properly obtained and displayed?

Information:
I attend the University of Alabama in Huntsville and have just received a parking citation for "Failure to Remove Old Permit." I am trying to figure out if the school actually has any legal grounds to fine me for this. It should be noted that the university just revamped the entire process for obtaining permits from an automatic process to a manual one based on a parking authority website. Because of this, before I paid for my current permit, I scanned over the regulations to see if anything major had changed. I did not notice anything extreme and didn't even bother looking at the permit related violations because I have never improperly used or displayed my permit. I have now looked through the regulations in detail and found the following:

5. Permit related Violations - include but are not limited to the following:
a. No permit on vehicle
b. Transferring of permit to another vehicle
c. Displaying expired permit
d. Permit improperly displayed
e. Improper or unauthorized use of permit

I currently have my permits from the last four years still attached to my car. However, the way they are attached, each permit covers the top half of the previous year's sticker, leaving only the year, permit number, and expiration date visible on the old permits. I, along with many other students, have done this with all of our permits for years as a way of displaying our experience at the university and I have never heard of it warranting a citation.


It seems to me that when I pay for the privilege of parking on the university, I gain ownership of the physical decal as proof that I must use in accordance with their regulations as long as it is valid. However, once it is expired, I am now in possession of nothing more than an official looking bumper sticker that I can do with what I please. I can't fathom the university having legal grounds to prevent me from displaying (non-vulgar) bumper stickers, so how can they have legal grounds to prevent me from displaying a permit that is my property just because it is expired?

Thank you for any advice you can give me!!

 

[FlyingRon]

You can certainly press your case with the university through whatever process they have. Displaying "expired" stickers when you have also an CURRENT sticker, seems to be a rather silly offense (of course if you have expired stickers when you NEED a current sticker, the story is different). However, pretty much they're allowed to set up whatever arbitrary rules they want on campus. If they want to make a rule against having LSU bumper stickers, they are within their power to do so. Just about everywhere require you not only to pay for your permit but to display it.

 

[OHRoadwarrior]

I would appeal the ticket on the basis of legislative intent. It appears the policy is in place to discourage people from displaying expired permits in representation of the possession of a current one.

 

[TheGeekess]

I would appeal the ticket on the basis of legislative intent. It appears the policy is in place to discourage people from displaying expired permits in representation of the possession of a current one.

Of course you would.

That seems to be a common rule amongst colleges and universities in Alabama. Jeff State and UAB both had the same regulation +25 years ago.

Never did hear of anybody getting in trouble at the school for displaying the previous year's parking stickers (that even back in the Stoned Ages we had to pay for).

 

[Mass_Shyster]

I would appeal the ticket on the basis of legislative intent.

I would appeal the ticket on the basis of unconstitutionally vague. A person of average intelligence could not know that displaying a part of an expired sticker, underneath a valid sticker, would be prohibited. I would also argue that since only a portion of the sticker was exposed, it does not meet the definition of 'displayed' (whatever that is).

 

[xylene]

Thank you for any advice you can give me!!

You were lazy, you didn't take old decal off. They require you to remove the expired decal, and the reasoning should be obvious to a college student - to facilitate enforcement. This is a perfectly legitimate reason.

That is not some unconscionably vague reason, nor does it impact your 'private property rights'

The old permit - Use a razor blade carefully to remove it and stick the decal on your bedroom mirror if you are so fond of the parking history it represents.

 

[Mass_Shyster]

They require you to remove the expired decal

There is no such requirement in the quoted regulation.

 

[FlyingRon]

I would appeal the ticket on the basis of legislative intent. It appears the policy is in place to discourage people from displaying expired permits in representation of the possession of a current one.

What legislature do you think had an intent here?
Even at state schools, it almost certainly isn't enacted legislation.

 

[FlyingRon]

There is no such requirement in the quoted regulation.

Well it says you can't display an expired decal, so that sort of implies you have to get rid of any you have on the car.

 

[TheGeekess]

What legislature do you think had an intent here?
Even at state schools, it almost certainly isn't enacted legislation.

Not even in 'Bama, Home of the World's Longest Constitution.

 

[HighwayMan]

I, along with many other students, have done this with all of our permits for years as a way of displaying our experience at the university...

Why would you want to "display" your "experience"? Especially on your car? That seems rather childish.

Why not just get shirts and window stickers printed up saying "I AM A SENIOR!"?

 

[OHRoadwarrior]

What legislature do you think had an intent here?
Even at state schools, it almost certainly isn't enacted legislation.

I think you need to learn how to use a dictionary. A Legislature is not the only body that can enact legislation.