MSU should reimburse all students who were illegally towed in the years since 1978, and promptly alter the parking code to comply with state law.
The 1983 Michigan Supreme Court decision in Molony-Vierstra v. Michigan State University established that any ordinance using towing as a routine measure to enforce parking is not in “substantial conformity” with Michigan’s Uniform Traffic Code. State law only allows towing when a vehicle is abandoned, involved in a natural disaster, obstructing traffic or parked in handicapped or marked tow-away zones.
In 1978, the university adopted an ordinance stating a vehicle parked in a faculty or staff parking lot without a pass could be towed. While the illegality of this ordinance was proven through the 1983 court case, MSU has continued to tow vehicles and charge owners.
All owners of vehicles who have been illegally towed on MSU’s campus have the right to contest the charges. By continuing to use towing as a method to enforce parking laws, MSU showed blatant disregard for the law.
In 1999 alone, about 1,696 vehicles were towed from campus, and the university collected $93,280 to pay for towing and impound fees. Students pay $55 for towing alone, $40 of which is collected by a contracted towing company. The remaining $15 is used by the university to pay for the on-campus impound lot.
Vehicle owners who have had their cars towed should rightfully demand a refund, even if the incident occurred many years ago. A violation is a violation - no matter when it occurred.
Owners of the vehicles illegally towed should not have to individually go through the court systems to receive their rightful refund. This long process would be a waste of time for both the vehicle owners and court system.
Instead, the university should step up and issue refunds to anyone who was illegally towed on campus. It is the only way the university can possibly hope to make up for its mistake.
While the money for such a refund has to come from somewhere, it should not come from an increase in parking fees or tickets. Students should not be penalized for the university’s mistake. The university should somehow look within its budget for the funds to pay for the mass refund.
While the university maintains its ordinances are in compliance with state law, the state Supreme Court has spoken, and the university should not continue to ignore it for its own convenience. The MSU Board of Trustees plans to discuss possible changes to the towing ordinance at its meeting Friday and should promptly alter the ordinance to comply with the state law.
The entire situation could have been avoided if the university would have corrected the ordinance back in 1983 or if it had made sure the ordinance complied with the law when it was created in 1978.
Instead, it continued to neglect compliance with the law - at the expense of students. It is now time for MSU to pay for its mistake.
