|
A civil suit was filed yesterday against the Town of Grantsville regarding collection of
$2 parking fines. Kevin B. Postalwait, a Grantsville attorney and public defender,
claims the town has denied him due process, among other irregularities.
"This would be an easy thing to ignore, but I felt the town should not continue to
violate the constitutional rights of people who have business there," Postalwait said.
"Besides, each ticket would be processed separately, which could cost someone a
lot of money."
Postalwait doesn't deny the town's right to collect parking fines, but states he was
never summoned before Municipal Court, nor did any warrant command his
appearance in what the State of West Virginia says is a criminal matter.
Mayor Gary Knight told The Hur Herald the town is "not utilizing city court to collect
delinquent parking meter fines because it does not have the right to issue warrants,"
which Postalwait says is not true.
Postalwait contends no legal judgment has been entered against him for which he is
civilly liable, because a parking ticket is viewed as a criminal offense and a
defendant is entitled to a criminal hearing in which the "burden of proof is beyond a
reasonable doubt."
"In my case, there is plenty of reasonable doubt," he said. "That is why I filed the suit,
since I've been deprived of defending myself."
Mayor Gary Knight and Court Recorder Pat Starkey turned eight unpaid $2 tickets
over to Calhoun Magistrate Court for collection. Added fines or costs total $37 on
each ticket.
Postalwait said the town ignored people with multiple tickets, somehow targeting
individuals who have apparently received one ticket.
Knight said the town may have made a mistake processing the tickets through
Magistrate Court, saying "We are now pursuing plans to seek relief through Circuit
Court" for the $2 tickets. SEE ARTICLE WITH KNIGHT'S COMMENTS
Postalwait's suit asks he be awarded the costs of the action and reasonable attorney
fees. It also calls for damages for the violation of constitutional rights, also calling for
punitive damages related to willful and malicious actions.
The suit requests a jury trial.
| 
