CLASS SETTLEMENT APPROVED

The United States District Court has formally certified the case as a class action and approved the negotiated settlement resolving the constitutional challenge to the City of Ann Arbor’s former practice of marking vehicle tires with chalk to enforce parking time limits. The certified class includes all persons and entities who were subject to the placement of a chalk mark on one or more tires of a vehicle to obtain information to justify the issuance of parking tickets within the territorial limits of Ann Arbor, Michigan between April 3, 2017 and April 23, 2019. The Court’s approval confirms that this conduct constituted a warrantless search under the Fourth Amendment, and that injunctive and declaratory relief — as well as nominal monetary compensation — is the appropriate remedy under federal law.

Individuals who fall within this class are now eligible to file a claim and receive nominal damages of $1.00 per qualifying parking ticket pursuant to the settlement terms. The simple claim form must be filled out and submitted identifying the ticket and vehicle information to confirm eligibility. This is a one-time opportunity for affected motorists to exercise their constitutional rights and receive the compensation ordered by the Court. If your vehicle was chalked during the class period, you are urged to file a claim to receive your settlement payment and be included in the final class resolution.

Deadline to File Claim: TBD (194 Days from Effective Date of Order)

This case arose from the City of Ann Arbor’s long-standing practice of “tire chalking,” in which parking enforcement officers marked the tires of parked vehicles with chalk to determine how long a vehicle remained in a parking space. If the vehicle had not moved within a set time, the City would issue a parking ticket. Although seemingly routine, this practice involved a critical constitutional question: whether government officials may physically trespass upon private property—here, the tires of a privately owned vehicle—for the purpose of gathering information to enforce a municipal ordinance, without first obtaining a warrant or consent.

The United States Court of Appeals for the Sixth Circuit answered that question in the landmark Taylor v. City of Saginaw decision, holding that tire chalking constitutes a search under the Fourth Amendment because it involves a physical intrusion onto private property for the purpose of obtaining information. After Taylor, plaintiff Sean Anthony Yannotti filed this class action lawsuit against the City of Ann Arbor, alleging that thousands of motorists were subjected to unconstitutional tire chalking between April 3, 2017 and April 23, 2019. The City initially contested the scope of available remedies, but the Court — relying on controlling Sixth Circuit precedent — ruled that while refunds of parking tickets were not permitted, motorists were entitled to declaratory relief, an injunction prohibiting future chalking, and nominal damages of one dollar per unconstitutional swipe of the chalk. Following this ruling, the parties engaged in extensive negotiations under court supervision, resulting in the settlement now approved by the Court, which provides full constitutional relief to the affected class.

Download and view key case documents

Class Action Complaint

The Court's Decision on Damages

Settlement Agreement

The Court's Order Setting Fairness Hearing

Joint Motion for Approval of Class Action Settlement

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