Car Tow Hawaii, Stop Towing Honolulu, Illegal Towing,, Stop Illegal Towing Hawaii, Ala Wai Towing Cars, Lawsuit Car Towing
Counter
Illegal Towing Lawsuit
On Dec 10, 2010, a federal lawsuit was
filed Honolulu to stop Hawaii State,
Diamond Parking and Gino's Towing
and their respective employees from
continuing a scheme of unlawful
towing and private company parking
tickets deceptively issued as official
tickets. The scheme took place on
state lands at the Ala Wai Harbor. The
lawsuit was amended for class action
status for all persons with cars towed
from the AWH since December 2008.

In short, the lawsuit seeks restitution
of monies paid by car owners-drivers
to Gino's Towing to get their car back
from Gino's.


lawsuit information go to
Stop Towing
     or      
Stop illegal Ticketing
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Stypmann v San Francisco
557 F2d 1338 (9th Cir 1977)
Brown v Thompson
91 Hawaii 1,  979 P. 2d 586
(1999)
(tow and impound of boats at
Kehi Lagoon)
Wong v. C&C of Honolulu
333 F Supp2d 942 (DC Haw
2004; judge Kay)
tow and impound of motorcycles
David v. City of Loas Angeles
TOWING Litigation research

   Did you get towed?

Are you pissed?

You should be!

Because you were scammed by State, Diamond
Parking and Iron Horse Towing employees.  You
are the victim of patrol towing methods of the
worst kind.  

Parking a car in Hawaii can be more dangerous
to your wallet that in a Third World Country like
Haiti, Somalia, Philippines, Cambodia, Ethiopia,
etc.

You got hosed!  
     You got hammered!  
                                           Bend over!

The towing business in Hawaii is booming
because Hawaii's legislature failed to do their
job and write tow laws consistent with the rest
of the United States that recognized your right to
a post-tow notice and hearing at which you may
meaningfully contest the decision to tow your
car..  

Since the 1970's, federal law required the car's
owner-driver be provided a post-tow hearing,
similar to a parking ticket hearing, for an
opporunity to contest to decision to tow.  The
post-tow hearing has been for 35 years plus
considered a fundamental Constitutional
protection, except in Hawaii.
.
Towed from the Ala Wai Harbor
["AWH"] after mid-January 2011, the
towing company Gino's Powerlift
Towing must now provide whomever
picks-up the motor vehicle from
impound a "Notice of Right To
Post-Tow hearing".  (
see sample)
                                 HOW DUMB DOES DLNR STAFF GET

ACLU Hawaii Banner
ACLU Clients File Marital Status Discrimination Complaint with Hawaii Civil Rights Commission
February 11, 2010

DLNR Refuses to Update Discriminatory Rule, Denies Harbor Privileges to Unwed Couples

HONOLULU – The American Civil Liberties Union of Hawaii Foundation (“ACLU”) announced today that its
clients, Susan Carstenn and Bruce Lenkeit, have filed a complaint with the Hawaii Civil Rights Commission
(“HCRC”) against the Department of Land and Natural Resources (“DLNR”) for discriminating against them
on the basis of their marital status.

In 2008, Bruce Lenkeit, who lives aboard his vessel at the Ala Wai Small Boat Harbor, wanted to live as a
family with his partner, Susan Carstenn.  The State’s administrative rules prohibit unmarried same-sex and
opposite-sex couples from obtaining a live-aboard permit, a parking permit, or other benefits afforded to
“spouses” of boat harbor tenants. The ACLU intervened, urging the DLNR to rescind the rule because the
rule violates Hawaii law prohibiting marital status discrimination.  In response, the DLNR agreed to let Ms.
Carstenn live aboard the vessel with a temporary live-aboard permit, but refused to grant her any parking or
other spousal privileges (such as the right to take over the harbor lease if Mr. Lenkeit passes away).  After
almost a year working through DLNR administrative channels to resolve the issue cooperatively – and
without resorting to legal action – DLNR still refuses to grant the parking permit and other privileges on the
basis that Mr. Lenkeit and Ms. Carstenn are not married.

DLNR’s denial of rights and benefits on the basis of marital status causes real harm to unmarried
couples.  For example, Ms. Carstenn now has to pay more than $8,000 a year for metered parking – and
she must move her car at least once every twenty-four hours or be towed – as compared to a mere $300
per year for a permit.  “A parking permit may seem like a small thing, but it has a huge impact on our day-to-
day lives,” said Ms. Carstenn.  “Issuing a parking permit is simple – DLNR could do it in about two minutes
– but instead we have to jump through all these hoops and pay all this extra money in parking fees and
towing fines. It’s disappointing that we had to file a formal complaint, but they just keep dragging their feet
over changing this ridiculous rule.”
“This case shows just how frustrating life can be when the State chooses to discriminate against someone
for no identifiable reason,” said Mr. Lenkeit.  “The number of parking spaces in the harbor won’t change if
we get married – it just doesn’t make any sense.”

“This is just one of the many ways that the State discriminates against unmarried couples,” said Daniel
Gluck, Senior Staff Attorney with the ACLU.  “There are thousands of couples in Hawaii who deal with these
sorts of indignities every day – couples who are engaged but not married, same-sex couples, and couples
who just don’t want to get married – and DLNR’s belief that it can ignore Hawaii’s anti-discrimination laws
is simply unacceptable.”

The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in the U.S. and State
Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation, and public education programs
statewide. The ACLU of Hawaii is a non-partisan and private nonprofit organization that provides its
services at no cost to the public and does not accept government funds. The ACLU of Hawaii has been
serving Hawaii since 1965.

ACLU Hawaii Banner
ACLU Clients File Marital Status Discrimination Complaint with Hawaii Civil Rights Commission
February 11, 2010

DLNR Refuses to Update Discriminatory Rule, Denies Harbor Privileges to Unwed Couples

HONOLULU – The American Civil Liberties Union of Hawaii Foundation (“ACLU”) announced today that its
clients, Susan Carstenn and Bruce Lenkeit, have filed a complaint with the Hawaii Civil Rights Commission
(“HCRC”) against the Department of Land and Natural Resources (“DLNR”) for discriminating against them
on the basis of their marital status.

In 2008, Bruce Lenkeit, who lives aboard his vessel at the Ala Wai Small Boat Harbor, wanted to live as a
family with his partner, Susan Carstenn.  The State’s administrative rules prohibit unmarried same-sex and
opposite-sex couples from obtaining a live-aboard permit, a parking permit, or other benefits afforded to
“spouses” of boat harbor tenants. The ACLU intervened, urging the DLNR to rescind the rule because the
rule violates Hawaii law prohibiting marital status discrimination.  In response, the DLNR agreed to let Ms.
Carstenn live aboard the vessel with a temporary live-aboard permit, but refused to grant her any parking or
other spousal privileges (such as the right to take over the harbor lease if Mr. Lenkeit passes away).  After
almost a year working through DLNR administrative channels to resolve the issue cooperatively – and
without resorting to legal action – DLNR still refuses to grant the parking permit and other privileges on the
basis that Mr. Lenkeit and Ms. Carstenn are not married.

DLNR’s denial of rights and benefits on the basis of marital status causes real harm to unmarried
couples.  For example, Ms. Carstenn now has to pay more than $8,000 a year for metered parking – and
she must move her car at least once every twenty-four hours or be towed – as compared to a mere $300
per year for a permit.  “A parking permit may seem like a small thing, but it has a huge impact on our day-to-
day lives,” said Ms. Carstenn.  “Issuing a parking permit is simple – DLNR could do it in about two minutes
– but instead we have to jump through all these hoops and pay all this extra money in parking fees and
towing fines. It’s disappointing that we had to file a formal complaint, but they just keep dragging their feet
over changing this ridiculous rule.”
“This case shows just how frustrating life can be when the State chooses to discriminate against someone
for no identifiable reason,” said Mr. Lenkeit.  “The number of parking spaces in the harbor won’t change if
we get married – it just doesn’t make any sense.”

“This is just one of the many ways that the State discriminates against unmarried couples,” said Daniel
Gluck, Senior Staff Attorney with the ACLU.  “There are thousands of couples in Hawaii who deal with these
sorts of indignities every day – couples who are engaged but not married, same-sex couples, and couples
who just don’t want to get married – and DLNR’s belief that it can ignore Hawaii’s anti-discrimination laws
is simply unacceptable.”

The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in the U.S. and State
Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation, and public education programs
statewide. The ACLU of Hawaii is a non-partisan and private nonprofit organization that provides its
services at no cost to the public and does not accept government funds. The ACLU of Hawaii has been
serving Hawaii since 1965.
.. ...STOP  illegal TOWING