City of Bellingham Hearing Examiner

The central policy issue involved the intersection of municipal parking enforcement with constitutional protections for indigent individuals who live in their vehicles. The case highlighted how standard parking enforcement procedures can create severe hardship when applied to people experiencing homelessness. City Attorney Stamps explained that the Seattle v. Long case establishes two key constitutional protections: first, under the excessive fines clause, fees should be reduced to zero or an affordable amount for indigent vehicle owners; second, vehicles serving as primary residences cannot be sold to recoup fees or held as collateral once an appeal establishes homestead status. However, he emphasized that these protections don't invalidate the original impound decision - they provide relief after the fact through judicial review. The communication breakdown between Decker and…

**Jessica Decker (Appellant)** argued that she properly requested a parking extension and was told by city staff she had until Friday to move the vehicle, but it was towed on Thursday. She emphasized that the motorhome is her primary residence and that as someone receiving food stamps without employment, she cannot afford the accumulated fees. She expressed willingness to cooperate, noting she helped secure items during the tow and has arranged for private property in Ferndale where she can legally park. **Stephanie Mays (Parking Code Compliance Officer)** explained standard enforcement procedures, noting the vehicle received proper 72-hour notice and had accumulated 40 citations since November 2023. She acknowledged that during her phone conversation with Decker, they discussed timing but maintained no formal extension was granted. Mays expressed sympathy for Decker's situation and praised her cooperative attitud…

**Jessica Decker, on the extension request:** "She said that no, it doesn't, as far as she knows that there's the only thing I'd have to worry about is the cleanup crew picking up litter coming by, and she's like you have. You have until Thursday. And she's like, well. actually, you have until Friday now to movie Ivy." **Jessica Decker, on her housing situation:** "Yes, because it's my homestead. It's where it's my home. and I'm I'm I don't have a job right now, and I have food stamps. I I co…

The hearing established a formal legal record regarding constitutional protections for indigent vehicle owners in Bellingham impound cases. The city officially acknowledged that Seattle v. Long precedent may require fee reduction or elimination for indigent vehicle owners and release of vehicles serving as primary residences. A timeline discrepancy was documented between Decker's understanding that she received a parking extension until Friday and the city's position that no formal extensio…

### Meeting Overview The Bellingham Hearing Examiner, Sharon Rice, held an administrative hearing on March 19, 2025, to consider Jessica Decker's appeal of the impound of her 1998 Chevrolet Motorhome. The hearing examined both the validity of the impound and the associated towing and storage fees. ### Key Terms and Concepts **Hearing Examiner:** A neutral attorney who works on contract with Bellingham and other jurisdictions to make administrative decisions on appeals. The hearing examiner is not a city employee and serves as an independent decision-maker. **72-Hour Right of Way Rule:** A city ordinance requiring vehicles parked on city streets to move at least one city block every 72 hours. Vehicles that remain stationary longer are subject to impound. **Impound Appeal:** A legal process allowing vehicle owners to challenge both the validity of an impound and the associated fees before a neutral hearing officer. **Seattle v. Long Case:** A legal precedent addressing situations where people live in their RVs and cannot afford tow fees. It establishes protections for indigent vehicle owners and those whose vehicle is their primary residence. **Homestead Protection:** A legal concept that may prevent the sale of a vehicle that serves as someone's primary residence, even when towing and storage fees are owed. **Right of Redemption:** The legal right of a vehicle owner to reclaim their impounded vehicle upon payment of fees or through successful appeal. **Orange Sticker/Yellow Card:** Warning notices placed on vehicles that have been stationary for 72 hours, indicating they are subject to impound if not moved. **Class C Tow Truck:** A heavy-duty towing vehicle required for large vehicles like 40-foot motorhomes. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contracted attorney serving as neutral decision-maker) | | Jessica Decker | Appellant (owner of impounded motorhome) | | Stephanie Mays | Parking Code Compliance Officer II, City of Bellingham | | Matthew Stamps | Attorney, City of Bellingham Attorney's Office | | Chris Heston | Owner, Heston Hauling (towing operator) | | Christy Bowker | Hearing Clerk (mentioned, not present) | ### Background Context Jessica Decker's 1998 Chevrolet Motorhome had been receiving parking violations since November 2023, accumulating 40 notices over that period. The motorhome serves as Decker's primary residence, and she lacks other housing options. The city operates under a 72-hour parking rule requiring vehicles to move at least one city block every …