Newspaper Page Text
In Washington
Parking issue heats up
By Martha Angle and Robert Walters
WASHINGTON - (NEA) - There are undoubtedly
weightier issues confronting the Supreme Court these days
than the constitutionality of local government efforts to ban
commuter parking in residential neighborhoods.
But for those of us who struggle daily to surmount the mul
titudinous hazards of modem urban living, there is nothing
like the looming legal shoot-out between city dwellers and sub
urban commuters to raise the blood pressure and set the old
adrenalin racing.
Let it be said at the outset that we make no pretense of view
ing with objectivity the case which Arlington County, Va. has
thrust before the Supreme Court by attempting to protect its
own residents from the seige of invading commuters.
Just try to be objective when you have experienced the
dubious delight of walking out your front door in the morning
to confront a solid rank of double-parked cars, engines rev
ving, exhausts smoking, jockeying for a shot at any parking
space vacated by a neighborhood resident.
Try staying cool when you drive your kid to school at 8:30
a m. and return home to discover there’s not a prayer of park
ing your car again until 6 p.m. when the commuters clear out
for the suburbs.
You try it. As for us, we’ll peg our hopes on Arlington Coun
ty, San Francisco, Wilmington, Del., Cambridge, Mass, and
all those other communities — including, at long last, the
District of Columbia — which have adopted ordinances
restricting parking privileges in congested urban areas to the
residents of those neighborhoods.
For once, the Justice Department has plunged into the legal
fray on the side of the good guys — which is to say, the side we
happen to support.
Commentary
In its “friend of the court” brief asking the Supreme Court
to review the case, the Justice Department did not, of course,
describe the disputed parking ban as a weapon in the war
between city dwellers and suburbanites.
No indeedy. That would sound .. . well, discriminatory, as
the Virginia Supreme Court rather acidly suggested in its
benighted decision striking down the Arlington County or
dinance on grounds that no one is entitled to “A parking
monopoly in the public streets.”
The Justice Department, bless its inventive little soul has
whomped up a more presentable argument: the Arlington
County parking ban, and others like it elsewhere, help fight air
pollution created by all those commuters' cars.
Now, everybody knows that air pollution is bad for people
and other living creatures. And the Supreme Court itself has
previously ruled, in other situations, that certain legislative
acts which discriminate against particular classes of people
or activities are perfectly permissible as long as they are
“rationally related to a legitimate state interest.”
The exception, the court has said, is any type of legislative
classification which “trammels fundamental personal rights
or is drawn upon inherently suspect distinctions such as race,
religion or alienage ...”
Cars obviously have no race, religion or ethnic heritage. And
the use of a car, the court has held, is not a fundamental per
sonal right. Fighting air pollution is clearly a “legitimate
state interest.” The Justice Department says the United
States of America is all for it, even if the battle requires a lit
tle discrimination.
“Any program to reduce pollution, including restrictions on
non-residenrparking, imposes hardships on those who must
alter their behavipr, but the existence of such hardships is in
evitable.” the department says in its brief.
Hard cheese, commuters. Uncle Sam is on our side in this
little skirmish, so take a bus to work, pay to park in a down
town garage, or come sample the joys of city life-like free
street parking.
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Griffin Daily News Thursday, August 25, 1977
Page 21
!
WASHINGTON—WhiIe her
father’s White House softball
team was engaged in the
business of competition against
the team of former President
Gerald Ford, the afternoon for
daughter Amy Carter was just
for fun. Amy, wearing an
unusual design on the seat of
her jeans, played with the team
for a while before realizing that
the afternoon was meant for
better things; like taking off her
shoes and running in the grass
or finally just sitting on the
sidelines reading her favorite
comic book. (AP)
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