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Hearing Examiner

BEL-HEX-2024-11-22 November 22, 2024 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing for Dana McCall, challenging both the validity of an October 7, 2024 vehicle impound and associated towing/storage fees totaling $431.50. The case centered on a vehicle towed from the 600 block of Telegraph Road for parking in a bike lane during an active construction zone where road markings had been temporarily removed. Jennifer McCall, the driver and Dana McCall's daughter, argued the impound was invalid because no signage indicated the area was a bike lane after construction had removed the original markings. She testified that residents of the Deemer townhomes had been parking in the space for four months without incident, and that their property management company had informed them it was legal parking. The appellants also challenged the financial hardship caused by the fees, noting they are college students living paycheck to paycheck. City parking enforcement defended the action, explaining they responded to a police dispatch complaint about eight vehicles blocking the bike lane. While only six vehicles were found upon arrival, four were ultimately towed after owners couldn't be reached. The city maintained that the striping pattern itself should have indicated it was not a legal parking space, even without specific bike lane signage. Hearing Examiner Sharon Rice will issue a decision by December 10, 2024, determining whether the impound was valid and if the fees should be upheld.

This was an appeal hearing with no formal votes taken. The hearing examiner will issue a written decision within 10 business days (by December 10, 2024) determining: - Whether the October 7, 2024 v…

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The central issue involved whether adequate notice existed to inform drivers that parking was prohibited in a construction zone where bike lane markings had been temporarily removed. The city's position was that the striping pattern itself—consisting of a buffer zone with chevron markings between the travel lane and curb—should have indicated it was not a parking space, even without specific bike lane signage. Appellants argued that without clear signage, and with their property management company providing incorrect information about lega…
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**Jennifer McCall (Driver):** Argued the impound was invalid due to lack of clear signage, inconsistent enforcement (noting other vehicles had parked there without consequence), and reliance on property management guidance. Emphasized financial hardship as college students. **Dana McCall (Registered Owner):** Supported daughter's appeal, noted her municipal work experience, and emphasized the stress caused by not knowing where the vehicle had gone when they discov…
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**Jennifer McCall, on lack of signage:** "There were no indicators that this space was a bike lane except for far down the street there was very, very faded paint without an arrow pointing to show that the bike lane would continue into that area." **Jennifer McCall, on property management guidance:** "Landmark actually had sent us a text saying that they thought it was legal parking as well, because people have been parking there for 4 months previously before this situation happened." **Ste…
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- Hearing Examiner Sharon Rice will issue a written decision by December 10, 2024 - Jennifer McCall will submit photographic evidence to the hearing clerk within the next few business days - If the…

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The hearing provided a complete record for the hearing examiner to evaluate the validity of the October 7, 2024 vehicle impound. All testimony and evidence has been collected, with the only remaining step being submission of photographic evidence from …
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## Meeting Overview On November 22, 2024, Hearing Examiner Sharon Rice convened a virtual appeal hearing to consider Dana McCall's challenge to the impoundment of her daughter's vehicle and the associated towing fees. The case, designated HE.24.VI.O.32, arose from an October 7, 2024 incident when six vehicles were found parked in a bicycle lane on the 600 block of Telegraph Road during active construction. What began as a routine parking enforcement call would reveal deeper questions about public notification, signage adequacy, and the fairness of enforcement during infrastructure transitions. The hearing brought together city parking technician Stephanie Mays, towing operator Chris Haston from Haston Hauling, and the McCall family — registered owner Dana McCall and vehicle operator Jennifer McCall. At stake was not just the $431.50 in towing and storage fees, but broader questions about how cities communicate changes to parking regulations, especially during construction periods when familiar landmarks disappear. The case embodied the tension between public safety imperatives and the practical realities facing residents navigating unclear street conditions. For the McCall family — college students living "paycheck to paycheck" — the surprise towing represented not just an unexpected financial burden, but missed classes and lost work hours in their struggle to locate their vehicles on that October morning. ## The Telegraph Road Bicycle Lane Incident The morning of October 7, 2024 began with a complaint to Bellingham Police dispatch reporting eight vehicles parked in the bicycle lane along Telegraph Road. When parking technician Stephanie Mays arrived at the scene around 8:58 AM, she found six vehicles actually present, all positioned in what city officials considered a clearly marked bicycle lane that had recently been repaved and restriped following construction. "Upon arriving there we only found 6 vehicles parked in the bike lane. All were issued tickets and tow trucks were called to remove them," Mays testified. Police dispatch had attempted to contact vehicle owners before enforcement arrived, hoping they would voluntarily move their cars. Two owners successfully responded, moving their vehicles before towing began. Four vehicles, including Jennifer McCall's car registered to her mother Dana, were impounded. The enforcement action occurred in what Mays described as an active construction zone where Telegraph Road had been "ground down to nothin…
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### Meeting Overview The City of Bellingham Hearing Examiner convened on November 22, 2024, to hear an appeal by Dana McCall challenging both the validity of a vehicle impound and the associated towing and storage fees. The case involved a vehicle towed from a bike lane on Telegraph Road during a construction zone where striping had recently been restored. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who serves as a quasi-judicial officer to hear appeals of certain city decisions, such as parking violations and land use matters. **Right-of-Way:** Public property dedicated for transportation use, including streets, sidewalks, and bike lanes, where parking may be restricted for safety reasons. **Bike Lane Buffer:** A striped zone between the bike lane and vehicle travel lane designed to provide safety separation, especially on curves where vehicles might encroach. **Fog Line:** The white line marking the edge of the vehicle travel lane, which helps define where parking is and isn't permitted. **RCW (Revised Code of Washington):** State laws that regulate towing fees and procedures, requiring tow operators to post official rate schedules with the state. **Impound Appeal:** A formal process allowing vehicle owners to challenge both the validity of a tow and the associated fees before a hearing officer. **Complaint-Driven Enforcement:** A policy where parking enforcement responds to citizen complaints rather than conducting routine patrols, except in designated downtown areas. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner | | Dana McCall | Registered vehicle owner/appellant | | Jennifer McCall | Driver/daughter of registered owner | | Stephanie Mays | City Parking Technician | | Chris Heston | Owner, Heston Hauling (towing company) | | Ms. Bowker | Hearing Clerk | ### Background Context This case arose from a October 7, 2024 incident where six vehicles were found parked in a bike lane on Telegraph Road during the 600 block. The area had recently undergone road reconstruction, with the bike lane striping…
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Transportation & Infrastructure Government Operations Bellingham Police Department Deemer Townhomes Heston Hauling Landmark Property Management Washington State Patrol Western Washington University Chris Heston Dana Mccall Jennifer Mccall Kristen Bowker Sharon Rice Stephanie Mays Bike Lane Enforcement Construction Zone Parking Student Financial Hardship Transportation Policy Vehicle Impound Appeal