On The Front Lines
Rutherford Institute Attorneys File Suit in District Court Against City Council Order to Shut Down Business During Fall Drought
Institute Attorneys Seek Judgment in U.S. District Court on Behalf of Local Business OwnerCHARLOTTESVILLE, Va.--Attorneys for The Rutherford Institute filed suit in federal district court today on behalf of Express Car Wash, a Charlottesville-based business, and its owner, Henry Weinschenk. The complaint, filed against the City of Charlottesville, charges that the City Council's order to shut down Express Car Wash's business operations last fall constituted an unlawful taking of property. Institute attorneys are asking the court to declare specific restrictions passed by the council in response to last year's regional drought conditions unconstitutional, as well as award compensation for lost business.
In response to severe water shortages in the Charlottesville-Albemarle area, on September 16, 2002, the City of Charlottesville enacted certain "Phase II" water restrictions, which were then incorporated into the City Code of Ordinances. The restrictions prohibited "all washing of automobiles, trucks, trailers and any other type of mobile equipment." Although the Phase I restrictions, which had previously been in effect, also restricted the washing of automobiles and other mobile equipment, they contained a specific exemption for "licensed commercial vehicle wash facilities." Because the Phase II restrictions contain no exception for licensed commercial vehicle wash facilities, it requires facilities, like Express Car Wash, to cease their business operations entirely for the period during which the restrictions are in effect. On September 20, 2002, Weinschenk received a written warning from Public Utilities Manager J.G. Palmborg informing him that Express Car Wash personnel had been observed "wet-washing" cars, in violation of the city's Phase II restrictions. Weinschenk was subsequently forced to cease business operations for close to three months, resulting in what he alleges was a total loss to Express Car Wash of approximately $60,000. According to Weinschenk, although many businesses in the City of Charlottesville use as much or more water on average than commercial vehicle wash facilities like Express Car Wash, they were not forced to abide by such severe restrictions. In fact, the Phase II restrictions required businesses other than commercial vehicle wash facilities to develop plans that reduce their water consumption by 20 percent. Institute attorneys argue that the Phase II restrictions impose an economic burden upon commercial vehicle wash facilities and their owners. The lawsuit, filed by Rutherford Institute affiliate attorney Frazier Solsberry of Charlottesville, names the Charlottesville City Council, City Manager Gary O'Connell, Public Utilities Manager J.G. Palmborg, and Director of Public Works Judith Mueller.
"Local businessmen should be able to operate free of fear that they will be arbitrarily shut down by government officials in times of duress," stated John W. Whitehead, president of The Rutherford Institute. "The Constitution applies equally to private property owners like Express Car Wash, even in times of drought."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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Nisha N. MohammedPh: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
