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Hearing Examiner

BEL-HEX-2025-10-01 October 01, 2025 Public Hearing City of Bellingham 45 min
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The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing for file HE25VI-032, challenging the towing and storage fees for a vehicle impounded during the Bellingham Bay Marathon on September 21, 2025. Casey Gish, husband of vehicle owner Brooke Usrey, appealed the $710.14 impound fees after his car was towed from the 1200 block of Railroad Avenue while he was participating in the marathon. The case presented unusual circumstances involving a severe weather event that damaged temporary no-parking signage posted by race organizers, resulting in 32 vehicles being towed from the race route. City staff testified that while 28 temporary signs were originally posted, only 5-6 remained standing at the time of enforcement due to overnight winds up to 30 mph and heavy rain. The appellant argued inadequate signage was visible when he parked at 5:15-5:30 AM, and that race website information contradicted parking restrictions. Hearing Examiner Sharon Rice held the record open due to technical difficulties that caused the appellant to disconnect multiple times during testimony, allowing him until October 3 to submit additional evidence including email correspondence with race organizers and website screenshots. The city will respond by October 6, with a final appellant reply due October 7. The decision is due by October 21, 2025.

No formal votes were taken as this was an administrative hearing. The Hearing Examiner will issue a written decision within 10 business days of the record closing (by October 21, 2025) determining whether to uphold or overturn the vehicle impound and associated fees…

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The hearing centered on whether proper signage was posted and visible for the September 21, 2025 Bellingham Bay Marathon no-parking restrictions. City Parking Code Compliance Officer Greg Coulter testified that 28 temporary signs were posted by race organizers on the 1200 block of Railroad Avenue, showing restrictions from 3 AM to 10:30 AM, with additional permanent signage indicating road closure from 8 AM to 11 AM. Weather became a critical factor when overnight conditions on September 21 shifted from calm to rain and gusts up to 30 mph, causing most temporary signs to blow down. Only 5-6 signs remained standing when enforcement began at 6:10 AM, with numbers continuing to dwindle during the 45-minute towing operation. The case highlighted tensions between event safety requirements and signage enforcement stan…
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**Casey Gish (Appellant):** Argued that inadequate signage was visible when he parked at 5:15-5:30 AM on September 21, having seen other race participants parking in the area. Contended that race website explicitly stated free downtown parking was available, creating reasonable reliance on official race communications. Emphasized this was his second year running the race, having parked in the same area without incident in 2024 following race website directions. Noted that 32 total vehicles were towed, suggesting systematic communication failure rather than individual negligence. **Brooke Usrey (Vehicle Owner):** Confirmed she was the registered owner and corroborated that multiple runners faced similar towing situations, validating widespread confusion. Noted she parked a block or two north for the half marathon without being towed, adding to confusion about enforcement boundaries. **Greg Coulter (Parking Code Compliance Officer):** Defended the towing decision based on public safety concerns, testifying that constricting 1,…
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**Greg Coulter, on weather impact:** "When we arrived just after 6 o'clock, I believe I was on site at 610 a.m, there were still 5 to 6 signs left up on this 1200 block of railroad attached to the posts, that they were originally on, the parking meter posts." **Greg Coulter, on safety rationale:** "I personally have been trampled multiple times at the start of races just because it is the definition of a stampede." **Casey Gish, on race website information:** "The race website says you can …
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The record remains open until October 7, 2025, with a structured timeline for additional submissions: - October 3: Casey Gish must submit response to missed testimony plus email from race organizers and race website screenshots - October 6: City response to Gish's submissions - October…

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The hearing established a formal record for the vehicle impound appeal and created a framework for post-hearing submissions to address technical difficulties. The case highlighted systemic issues with event signage coordination and weather contingency planning that may influence future special event permitting requirements. The extended re…
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# The Marathon Morning Impound: A Hearing Examiner's Tale of Signs, Storms, and Safety On the morning of October 1st, 2025, Hearing Examiner Sharon Rice convened a virtual hearing that would reveal the complex intersection of weather, municipal events, and the often-brutal economics of vehicle impoundment. What began as a routine appeal of a $710 towing fee would unfold into a story involving 32 impounded vehicles, a marathon runner's nightmare, and the challenging realities of managing major public events in downtown Bellingham. The case — file number HE25VI-032 — brought together an unusual cast: Casey Gish, a marathon runner whose car was towed while he was competing in the Bellingham Bay Marathon; his wife Brooke Usrey, the vehicle's registered owner; city parking enforcement officers; and representatives from Heston Hauling, the towing company. But this wasn't just about one car or one family's $700 surprise. It was about 32 vehicles, hundreds of confused runners, and what happens when carefully laid municipal plans collide with Mother Nature's fury. ## The Perfect Storm: Weather Meets Marathon Planning The September 21st Bellingham Bay Marathon was an annual event requiring extensive coordination between the city, police, and race organizers. Greg Coulter, a Level 1 Parking Code Compliance Officer, testified about the meticulous planning that preceded the race. The 1200 block of Railroad Avenue — a critical section of the race route where approximately 1,000 runners would pass through — required complete parking clearance from 3 a.m. to 10:30 a.m. "There was some planning ahead of time, through communication with Lieutenant Dante Alexander, who is the City of Bellingham Police Department's traffic liaison and head of these kind of large-scale events," Coulter explained. The preparations included posting 28 temporary no-parking signs along the block, supplemented by what enforcement officers called a "hard sign" — a perm…
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### Meeting Overview The Bellingham Hearing Examiner, Sharon Rice, conducted an appeal hearing challenging the validity of a vehicle impound and associated towing fees. The hearing involved a vehicle owned by Brooke Usrey that was towed during the Bellingham Bay Marathon on September 21, 2025, from the 1200 block of Railroad Avenue. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney appointed by the City Council to hear appeals and make legally binding decisions on municipal matters like parking violations and impounds. **MUTCD (Manual on Uniform Traffic Control Devices):** Federal guidelines from the U.S. Department of Transportation that establish standards for traffic signage, including requirements for no-parking signs during special events. **Right-of-Way Closure Permit:** A city permit that allows event organizers to temporarily close or restrict parking on public streets, requiring them to post proper signage. **Impound Appeal:** A legal process where vehicle owners can challenge the validity of their car being towed and seek refund of towing and storage fees. **Over-signing:** The practice of posting more no-parking signs than legally required to ensure adequate notice to drivers, often used for special events. **Hard Sign:** A permanent metal sign (as opposed to temporary zip-tied signs) that provides official notice of parking restrictions or road closures. **Class A Towing:** A category of vehicle towing that determines the fee structure - in this case resulting in a $400 base charge for one hour minimum. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | City-appointed Hearing Examiner | | Casey Gish | Appellant (husband of vehicle owner, marathon runner) | | Brooke Usrey | Vehicle owner (half-marathon runner) | | Greg Coulter | City Parking Code Compliance Officer | | Chris Heston | Owner, Heston Hauling and Towing | | Raul Murillo Delgado | City Parking Operations Supervisor | | Christy Bowker | Hearing Clerk | ### Background Context This case arose from the annual Bellingham Bay Marathon, which required street cl…
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