Judge weighing UMass parking policy in $60 ticket dispute

Judge weighing UMass parking policy in $60 ticket dispute
Daily Hampshire Gazette
By Scott Merzbach
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NORTHAMPTON — Sufficiency of a process used by the University of Massachusetts to prohibit parking in certain lots prior to football games will likely decide whether a former professor will have to pay a parking ticket issued in October.

At Hampshire Superior Court Tuesday, where a hearing on his lawsuit continued, Rui Wang made the case before Judge Charles W. Groce III that he shouldn’t have been issued a $60 ticket on Oct. 3. He contends there is no evidence the university had posted no-parking signs in Lots 14 and 22, parking areas close to the McGuirk Alumni Stadium.

Wang said his ticket was one of 69 citations issued that evening, showing a “systemic failure of notice.” He is asking the judge to dismiss the citation and for UMass to pay the court fees.

In rejecting his initial appeal, the Parking Hearing Review Board on Nov. 25 upheld the ticket issued Oct. 3 around 5:30 p.m., with that board stating that Wang has a history of getting parking tickets on campus.

His lawsuit contends that “the citation was issued without the legally required signage, and the review board denied plaintiff’s appeal based solely on plaintiff’s prior citation history rather than addressing the merits of the appeal.”

In court, Randall Maas, general counsel for UMass, said the university’s no-parking posting process is well established, with a procedure to place signs in 14 locations five days prior to a football game.

“The fact that there is a plan” is a solid defense, Maas said, adding that UMass doesn’t have to prove that the signs were posted because there is “powerful factual evidence,” through random audits, that the process is always followed. Just a few weeks earlier, an audit, including aerial footage, showed the signs were out in those 14 places before an earlier football game.

Maas said that given there is a plan, it is up to Wang to demonstrate it was not followed, which he has not been able to do.

“A deployment [plan] is not equal to execution,” Wang responded.

Groce took the matter under advisement.

Wang said while his lawsuit only applies to his ticket, he said there may be a case for a class-action lawsuit on behalf of others who got tickets, many of whom he believes pay them out of fear of additional repercussions.

Prior to the hearing, Groce told Wang that he himself is an adjunct professor at UMass, and that he contacted state ethics officials to ensure he could preside. They informed him that there was no basis for disqualification and he was comfortable not recusing himself, though gave Wang the option to postpone the hearing until another judge was available.

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