Maryland judge green-lights swastika car lawsuit
As a political statement against Maryland politician E. J. Pikpkin's run for national office, Charles Richter painted a swastika on his car next to the words "Vote Pipken" and parked it legally on a public street. The same day it was parked, a sheriff's deputy ticketed the car as abandoned. Two days later, the car was towed from the same spot. When Richter refused to pay the impound lot to get his car back, it was crushed. Richter has brought suit against the deputy, and a federal judge has just ruled that the lawsuit can go forward.Richter, explaining another swastika-adorned vehicle that was also a protest against Pipken, wrote in one forum, "Painted on my Van was... The American Indian Peace sign which happens to be the Swastika printed back wards." The decorative swastika, also used by Native Americans, is literally thousands of years old, has positive meanings, and is still used in certain Eastern cultures. It is often depicted in mirror image to the Nazi swastika, but it can be drawn with its arms going either way, right or left. The Nazi swastika is only rendered one way, with its arms to the right. We don't know if the van swastika was different than the car swastika, but the one on the car matches the Nazi swastika, and, of course, the Native American swastika, as well.
The lawsuit verdict is evidently based on the weight of free speech and political objection. According to the judge, Richter has First Amendment rights during "an act of political protest." The deputy sheriff who ticketed the car, parked legally on public property, violated those rights. It could also be taken into account, however, that E. J. Pipken is Jewish, which would open the door to considerations of hate speech. We don't know if the judge had anything to say on that issue, but for now, the case can proceed.
[Source: Maryland Daily Record]
Reader Comments (Page 1 of 2)
Jeff Johnson 3:12PM (12/29/2008)
I'm not going to judge the guy on what he chooses to paint on his car to send whatever message. I don't see this as hate speech at all either, the only speech on the car is "vote XXXX"
He parked it for a day and it's considered abandoned? If it was sitting there for 3 weeks or something, sure tow it, but one day?
I actually agree with the guy it shouldn't have been towed, it shouldn't have been impounded, and it damn sure shouldn't have been crushed.
Seems more and more constitutional rights such as free speech, right to own guns, and all sorts of other freedoms are being eroded just because there are people that can't accept people different than themselves.
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naggs 11:24PM (12/29/2008)
i agree completly
the police should not have the right to steal your car because they dont like the paint job
i hope the judge makes an example of that police department and this guys is awarded some obscene amount
Joe K. 3:23PM (12/29/2008)
I'm all for limiting hate speech's forums, but not by crushing cars for "abandonment." That's too much of a stretch. When you skirt the law, it will come back to bite you in the ass. This sheriff will learn that the hard way on this one.
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Cody Peterson 3:35PM (12/29/2008)
This guy was very tactful in his wording / images on his car where it's definitely not "hate speech"... he said "Vote for xyz" not "Kill the jews" or something like that...
The county is going to have to at least pay him for the car but I'm sure he'll end up getting more since he seems to already be saying that his 1st amendment rights were suppressed... seems that cop was a d-wad for marking a car parked legally for 1 day as abandoned, then crushing it... obviously he didn't agree with the message on the car...
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Frank Hoffman 3:38PM (12/29/2008)
You have the right to free speech, as long as it doesn't hurt anybody's feelings.
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geo.stewart 3:42PM (12/29/2008)
I dont recall that qualifier being in the rule book anywhere.
All I remember growing up is that what I say says more about me than it does about you. And that your response says more about you than it does about what I said.
McLovin 8:51PM (12/29/2008)
Geo,
I'm pretty sure Frank was being facetious in case you missed it. Americans seem to be sarcasm impaired in general.
naggs 11:28PM (12/29/2008)
you have rights until a cop decides you shouldn't
that is how it works in the real world
every once in a while a judge disagrees
Dave T. 3:45PM (12/29/2008)
The fact that the official was Jewish doesn't seem like an "Oh by the way" type of factoid in the case.
Who the heck uses this symbol in protest? Oh, sure, see that all the time. If it stands for "peace" how could it be a statement AGAINST Pipken?
Puh-lease.
Now, that doesn't mean he doesn't have the right to do whatever he wants to his car. I would also say it looks a lot more like someone graffiti-ed the car rather than abandoned it. Unless of course the van in question was a POS, as most cars that you'd gladly deface to make a point might be.
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Rob (66droptop) 4:13PM (12/29/2008)
The car looks like a graffitied, clapped-out box. In short, it looks like your typical abandoned car. After being left for THREE DAYS, who would think that it's not abandoned? Let's use common sense here.
The deputy didn't crush the car or have anything to do with that. Everything that happened to Richter's car was his own fault. Had the car actually been in use, Richter would have noticed the citation at some point during the three days the car didn't move. Had Richter paid the fine to get the car out of impound, it wouldn't have been crushed. It's not like this is a short process, or difficult to stop. The car was probably worth less than the impound fee and citation, and paying wouldn't have allowed him this chance to whine and cry about how his rights were stepped on.
His rights weren't violated. This isn't about rights at all. It's about a car that was abandoned, cited, towed, impounded, and crushed, and at no time did its owner step up to retrieve his car.
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Pip 5:12PM (12/29/2008)
Three days is hardly long enough to be considered abandoned. A week or more would be more "common sense" as you put it. We all know why the car was marked abandoned, so no need to dance around the issue. The deputy didn't like the message, and acted out of spite, abused his power, and probably lost his job for it.
There was no "common sense" being used here by the deputy, now he gets to pay for his mistakes.
teek23 4:07AM (12/30/2008)
Rob, are you simple? My car is out on the street, parked legally, for 4 days at a time; I use it only a few times a month. Should it be cited, towed, crushed?
What if I had an Obama sticker and the sheriff cited, towed, and crushed my car for bieng legally parked on the street?
The swastika has been around far longer than the Nazis. Its too bad they perverted a symbol of peace to spread thier repulsive hate filled propoganda. In my culture (south-east asian) we have used it for thousands of years--and we will continue to do so. Perhaps, if we are lucky, it will come to symbolise peace more than hate to the western world.
Rob (66droptop) 6:43PM (12/29/2008)
I don't know about Maryland statutes, but let's just say my job requires that I know my Arizona Revised Statutes backwards and forwards. Here in AZ, a vehicle is defined as abandoned if it has been left unattended for 72 hours on public land. I'd bet Maryland is similar, if not the same. This isn't a law school memo, so I don't feel like learning MD law for something this trivial and therefore will just apply ARS to the problem at hand.
Was the vehicle left unattended for 72 hours? Yes. Is it therefore able to be classified as abandoned? Yes. The deputy did everything by the book.
Going further: Is there any evidence due process was not followed? No. Was Ritcher notified? Yes. Did Richter fail to retrieve his vehicle from impound? Yes. Sounds like fault lies wholly with Richter.
A quick copy & paste from ARS Title 28:
28-4801. Definitions
In this chapter, unless the context otherwise requires:
1. "Abandoned vehicle" means a vehicle, trailer or semitrailer that is of a type subject to registration under this title whether lost, stolen, abandoned or otherwise unclaimed and that has been abandoned on a public highway, public property or elsewhere in this state, including private property. Evidence that a vehicle was left unattended for a period of forty-eight hours within the right-of-way of any highway, road, street or other public thoroughfare or for a period of seventy-two hours on public or private property or elsewhere in this state is prima facie evidence of abandonment.
Rob (66droptop) 6:54PM (12/29/2008)
Teek, do you actually not see the difference between parking your car out in front of your house and leaving a graffitied junkyard car in a parking lot? The simple fact is that Richter LEFT the car there and never even bothered to try to get it out of impound. How is that not the perfect definition of an abandoned car?
In the picture, it looks like he left it on the side of a street. That makes it even simpler to impound it and begins to make it a public safety concern.
dinnercoat 6:38PM (12/29/2008)
Paraphrased:
"I do not agree with what you have to say, but I'll defend to the death your right to say it." - Voltaire
I hope the "hate speech" angle doesn't muddy the point of this case, which is free speech, protest, and satire.
The swastika plus "vote pipken" is hopefully alluding to the belief that pipken has nazi-like views on how government should be run and thus is protest and satire.
Granted, Richter shouldn't have pussied out and said "Oh its not a swastika, its a Native American peace sign." Man up, say its a swastika and say WHY you put it there. As long as Richter wasn't suggesting Pipken should be thrown into a gas chamber, free speech laws will protect Richter and bring vindication on his vehicles illegal impounding and later crushing.
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ronnie schreiber 6:37PM (12/29/2008)
Folks, I think any Jewish (or other judge) would be wise enough to see that Richter isn't a neoNazi, he's calling Pipkin a Nazi.
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sfast 6:23PM (12/29/2008)
This is all just stupid. The sololution?
Slap the Star of Dale on them all and send them to the gas chamber.
I'm horrible.
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Jeff 6:40PM (12/29/2008)
What's a "Star of Dale?" Maybe having an idea what you're talking about would be your "sololution."
Broudie 6:28PM (12/29/2008)
Read the original article.
Day 1: car ticketed
Day 3: car impounded
Months later: car crushed after owner refused to claim it from the impound
This is the case of a stubborn man not paying a fine for a POS grafitti-ed car that looked abandoned.
Case closed
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Tourian 7:04PM (12/29/2008)
I don't see the controvery here either. The guy leaves an eyesore of a raggly Chevy Beretta illegally parked for 3 days. He made no attempts to get it back after its impounded. It looks like a $200 car to me, and now its crushed. The End. It doesn't really matter what is painted on it.
Illegally parked is the main thing that to me, that might trump the "3 day" thing. If I parked my car on the curb/grass in front of the county courthouse or police station, I wonder if it would really stay there for 3 days.
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