Class Action Claims University of Arkansas Enforces Parking Violations Without Notice, Due Process

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A proposed class action claims the University of Arkansas has unjustly issued parking tickets and towed student vehicles without proper notice or due process.

The plaintiff, who began her freshman year at the school’s Fayetteville campus in 2019, claims the university “made no attempt” to comply with the Arkansas Constitution before towing her car in September of that year, and unlawfully required that she pay the full amount of the ticket and fill out a form explaining her innocence prior to a hearing.

“The University’s actions of issuing tickets, towing vehicles and requiring a profession of innocence without notice or an opportunity to be heard is an abuse of power,” the complaint alleges, charging the school has collected “an extraordinary amount” of money on “the backs of struggling students” by way of its allegedly unlawful ticketing practices.

According to the case, the plaintiff was issued a parking permit in August 2019 and received a warning ticket for parking in a certain lot at the university shortly thereafter. The plaintiff upgraded her parking permit in September 2019 and received on the same day an email from the school’s transit system instructing students to move their vehicles from the Razorback Foundation Priority Parking lots, the case says.

After the plaintiff parked her car in lot 29E – Reserved Parking, she was issued a ticket and her car was towed to lot 55, per the suit. The next day, a $100 fine was placed on the plaintiff’s student account, the case says.

The lawsuit argues that the University of Arkansas failed to properly notify the plaintiff before towing her car and requiring her to pay the full amount of the ticket prior to a hearing. Further, the case claims the plaintiff was forced to violate her Constitutional right against self-incrimination by filling out a form to explain why she was innocent of the parking violation.

Per the complaint, the plaintiff was denied a hearing and her Constitutional right to a trial by jury for amounts over $20.00, and was given only five days to appeal the denial, which the case contends is “too short of a time frame for adequate notice to appeal.”

The University of Arkansas’ ticketing practices have caused “irreparable harm” to the student body, the lawsuit argues, claiming the school has “illegally and unlawfully” prohibited students from registering for classes by placing a hold on their accounts until all tickets have been paid.

The case further alleges the university has implemented a ticket quota to meet budgetary and monetary demands, with the school having issued more than 40,000 tickets per year and collecting over $1,000,000 in fines each year since 2016.

The suit looks to represent anyone, both students and non-students, who was issued a ticket by the University of Arkansas within the past three years.

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