Full Breakdown
Supreme Court Declines Review of Chicago Vehicle-Forfeiture Case, Highlighting Police-Power Concerns
By Drooid · · How we work
Background of Chicago’s Impoundment Policy
Chicago enforces a ordinance that allows the city to impound a driver’s vehicle after two unpaid parking tickets and then sell the car. The city retains the sale proceeds without applying them to the outstanding ticket debt or refunding any surplus. The Seventh Circuit previously upheld the practice, characterizing it as a permissible exercise of police power to enforce the traffic code.
Core Dispute and Court Action
Petitioners Ryan O’Donnell and Michael Goree challenged the ordinance, arguing that the forfeiture and sale of their cars constitute an unconstitutional taking under the Fifth Amendment’s Takings Clause. The Supreme Court denied certiorari, leaving the Seventh Circuit’s ruling in place.
Judicial Concerns Over Police Power and the Takings Clause
In a statement accompanying the denial, Justice Sonia Sotomayor expressed “serious concerns” about the split among lower courts on whether state police powers can be immune from takings claims. She urged courts to define narrowly the circumstances in which police power is exempt from the requirement of just compensation and cautioned that deference to police authority should not eclipse constitutional rights. Justice Neil Gorsuch joined Sotomayor’s statement, signaling that concerns about the scope of police power cross ideological lines on the Court.
Responses from City Officials and Petitioners
Chicago’s lawyers argued that the case is a poor vehicle for addressing the relationship between the Takings Clause and law-enforcement authority, emphasizing that the petition presents a facial challenge to the ordinance and therefore fails the constitutional test. The petitioners described the policy as “devastating and counter-productive,” noting that loss of a vehicle—often a person’s primary means of transportation—leaves owners with both the original ticket debt and additional towing and storage fees.
Potential Implications for Future Takings Litigation
The denial leaves the Seventh Circuit’s interpretation intact but underscores a judicial willingness to scrutinize municipal forfeiture schemes. Sotomayor’s call for careful, narrow definitions suggests that future cases may revisit the balance between state police powers and the Takings Clause, potentially shaping how municipalities enforce traffic violations nationwide.
