Hilda Brucker was cited for chipped paint and a crumbling driveway in Doraville and ended up on probation. Photo by Bill Torpy
By Zachary Hansen
A federal judge dismissed a lawsuit against Doraville that claimed the city used fines and fees to subsidize its budget, violating the civil rights of four Georgians in the process.
The four individuals were represented by the Institute for Justice, a libertarian advocacy organization, after they were found guilty of traffic or code enforcement violations in the north DeKalb city. U.S. District Judge Richard Story ruled in Doraville’s favor Thursday, but the Institute for Justice plans to appeal the decision, according to a news release.
The lawsuit claimed that Doraville balanced its budget by relying too heavily on code enforcement citations and other fines. Fines and forfeitures accounted for 19% of Doraville’s $13.5 million budget during the 2017-2018 fiscal year, when the lawsuit was filed. For most cities with 5,000 residents or more, less than 1% of their budgets come from fees and fines.
“While ruling for the city, the judge nevertheless found the high percentage concerning,” the Institute for Justice said in the release, “and noted that Doraville was included in a recent report by the U.S. Commission on Civil Rights as the sixth worst city nationwide in reliance on fines and fees.”
Hilda Brucker is among the four plaintiffs. She received citations in October 2016 for rotted wood and chipped paint on her house, weeds and overgrown vegetation in her yard and a crumbling driveway. She ultimately pleaded no contest to one charge and received a $100 fine and six months of probation, while the other two counts were dropped.
She said the Doraville Municipal Court was not transparent and threatened to penalize her further.
“I’m disappointed in today’s ruling but looking forward to continuing the fight on appeal,” Bruckner said in the release. “It was a hopeful sign that the judge called out, in his written decision, how an overreliance on fines and fees distorts the justice system and creates faulty incentives.”
Jeffrey Thornton was also among the plaintiffs after he received a code enforcement warning in 2015 for having a trailer parked on his grass and logs in his backyard. He was found guilty and received a $300 fine, but a code enforcement official later agreed to drop the charge after learning Thornton could not afford to pay the fine.
Janice Craig and Byron Billingsley received traffic tickets. Craig was given a $215 fine after being found guilty of failing to obey traffic signs or controls. Billingsley agreed to pay a $100 fine for changing lanes without using a turn signal.
Doraville provided a statement to The Atlanta Journal-Constitution refuting the plaintiffs’ claims and hoping the judge’s ruling ends the legal battle.
“Our fines and fees are all carefully balanced to discourage property owners from allowing their properties to fall into disrepair without placing a strenuous financial burden on them,” the statement said. “This ruling ensures that we can continue to take appropriate measures to keep Doraville beautiful.”
The judge ruled that Doraville be reimbursed its legal costs.
Read the original story on AJC.com.
