Berkeley’s parking racket
This is a parable in real life about the often-misplaced burden of proof concerning the existence of gods.
A few years ago, I got a parking citation notice from the City of Berkeley. It said my car had been parked on a residential street in Berkeley on a Tuesday morning during street sweeping hours. I had never parked my car on any street in Berkeley, ever. Clearly, there had been some kind of mistake.
I contested the citation in writing, saying that my car had never been parked in Berkeley, and further volunteering where it had been at the time the citation was written. My “request” was “denied” on the basis of insufficient evidence. This felt wrong to me, but I couldn’t articulate exactly why.
A short while later, I had an in-person hearing at the city’s offices. I asked my hearing officer, “How do I produce evidence that my car wasn’t in a given place at a given time?”
Missing the rhetorical nature of my question, she said, sympathetically, “Just do the best you can.” She then started suggesting ways that I might be able to show that my car had been somewhere else at the time the citation was written. I explained that I would not be able to recall, let alone prove, where my car had been at the time in question. Sometimes I drove to work; sometimes I parked at my son’s preschool, rode my kick scooter to the BART station, and took the train to work.
Eventually, I got a few preschool parents and staff members to provide written statements to the effect that they were accustomed to seeing my car in the preschool parking lot during work hours. That, apparently, was good enough for the hearing officer, and my citation was dismissed.
Happy ending, right? Wrong. To this day, I regret not insisting on a court hearing. Why? Because the city never met its burden of proof in the first place, and I missed my chance to call attention to that publicly. As I discovered after the dismissal of my citation, the notice had lacked two items of identifying information that the state vehicle code requires to confirm that the citing officer actually saw the vehicle in question.
I allowed a random city to make a random accusation against me with inadequate proof and then shift the burden of proof to me. I jumped through hoops to produce evidence to refute the accusation when I really should have forced the city to show its evidence first.