Judge Approves Class-Action Status for Bremerton Sign Lawsuit

A Kitsap County judge Friday cleared the way for a class-action lawsuit over the legality of downtown Bremerton’s navy blue street signs.

Lawyers for George Karl and Rebecca Ann successfully argued to Kitsap County Superior Court Judge Kevin Hull that the case should include anyone who was issued a parking ticket in the city within the three-year statute of limitations, which stretches back to 2012.

That could translate to thousands of people. The city says 5,507 parking tickets were written in 2015.

The case began when Karl, of Poulsbo, was ticketed after parking his Harley-Davidson on Second Street near Washington Avenue to go to dinner one night in August 2014. He says he didn’t know how long he could park there because he couldn’t find a standard white sign with red lettering. He contested the ticket but ultimately paid $47.95 to the city.

He believes the city’s blue signs violate state and federal law because of their color.

“We wouldn’t have a stop sign be green,” said Steve Festor, whose Seattle law firm, Bendich, Stobaugh and Strong, is representing the plaintiffs.

The city’s attorneys point to a decision in a 1970 case from a Washington appellate court in which judges held that “nonstandard signs where the form of the sign substantially complies with that prescribed by law” were acceptable.

“That’s been our position from Day 1,” Bremerton City Attorney Roger Lubovich said.

Festor said the plaintiffs will ask Judge Hull to require the city to install signs that conform with the Manual on Uniform Traffic Control Devices, a national standard. They will also seek financial damages from the city to distribute to people who have been ticketed. Festor added that attempts to contact people who have been ticketed would begin if they’re successful in court.

The plaintiffs also take issue with the city’s use of Impark, or Imperial Parking Corp., as a vendor to write parking tickets. They maintain those should be written by city employees. The city also disagrees with that assessment.

Source: www.kitsapsun.com www.kitsapsun.com

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