Federal Court Grants Class Certification and Approves Settlement in Ann Arbor Tire-Chalking Fourth Amendment Case

In a major constitutional victory for Michigan motorists, the United States District Court for the Eastern District of Michigan has officially granted class certification and settlement approval in Yannotti v. City of Ann Arbor. The ruling affirms that thousands of drivers whose vehicles were marked with chalk by city parking enforcement officers - without a warrant or consent - were subjected to a search in violation of the Fourth Amendment. The Court’s formal written order is expected imminently.

The approved settlement provides declaratory and injunctive relief, permanently prohibiting the City of Ann Arbor and its agents from using chalk or any physical marking to monitor vehicles without first obtaining a warrant. In addition, eligible class members are entitled to claim nominal damages for each unconstitutional parking enforcement action undertaken during the covered period.

“This ruling reaffirms a foundational principle of our Republic: government must stay within the bounds of the Constitution,” said Philip L. Ellison, class co-counsel in the case. “Even seemingly small violations—like chalking a tire—cannot escape constitutional scrutiny. Today’s judicial approval ensures every citizen is protected from warrantless intrusions, no matter how routine or bureaucratic in appearance.”

The settlement delivers important constitutional relief. First, the federal court has declared that the City’s prior practice of marking vehicle tires with chalk - without first obtaining a warrant - constitutes an unconstitutional search under the Fourth Amendment. This declaration formally affirms what the Sixth Circuit first recognized: that property rights do not evaporate when a citizen parks a vehicle on a public street.

Building on that declaration, the Court issued a permanent injunction that now prohibits the City of Ann Arbor, its officers, and its agents from engaging in tire chalking unless a judicial warrant is obtained or unless future constitutional doctrine from higher courts clearly authorizes the practice. In effect, the City is barred from ever returning to the unconstitutional policy without first satisfying the Constitution’s highest commands.

In addition to this structural reform, the settlement makes nominal damages available to impacted motorists who were subjected to the illegal practice. Any qualifying motorist may submit a simple claim form and receive compensation recognizing the constitutional harm they experienced.

The settlement mirrors the constitutional outcome first recognized in the Sixth Circuit’s historic Taylor v. City of Saginaw litigation - also led by Ellison - which established that tire chalking constitutes a Fourth Amendment search under the property-rights framework.

“Ann Arbor has now joined other cities in acknowledging what the Constitution already guarantees: the right to be secure against unreasonable searches,” Ellison continued. “This settlement does more than resolve a lawsuit; it restores a measure of individual liberty and sets a model for municipalities everywhere.”

A public claims process will soon open for eligible members of the certified class. Details and claim forms will be made available at the City Treasurer’s Office, on the City’s website, and at the settlement information portal: www.annarborchalk.com.

Based in Hemlock, Outside Legal Counsel PLC is a Michigan constitutional and property rights law firm dedicated to protecting citizens against unlawful government conduct. Led by attorney Philip L. Ellison, OLC has been at the forefront of Fourth Amendment protections involving warrantless inspections and searches across Michigan and the Sixth Circuit.