December 21, 2010
The statistics are shocking. The city of Denver impounded hundreds of vehicles this year under its nuisance law, forcing citizens, many of whom have been found to have done nothing wrong, to pay thousands of dollars to get their vehicle back.
A FOX31 News investigation has learned the City and County of Denver has impounded nearly 1,600 vehicles in 2010, or around four vehicles a day, under a controversial nuisance law.
Most cities waive all fees if the person is found not guilty, but not Denver.
Critics say it is extortion, charging that Denver is holding vehicles ransom and bringing millions of dollars to the city coffers.
"They told me my truck was going to be held under something called nuisance abatement," said Robin McAnally.
McAnally was found not guilty of the misdemeanor charge Denver cited when it took his work truck, but Denver officials told him that it doesn't matter; he still has to pay $5,000 to get his truck out of the impound lot.
McAnally doesn't have the money, so the nuisance ordinance gives Denver the authority to sell his truck at auction and keep the proceeds, and then garnish his wages, including interest.
"My life was just over with from that point on," McAnally said. "It was a nightmare and still is really."
His case is far from unusual.
According to Denver's statistics, the city has impounded 1,563 vehicles for nuisance holds so far in 2010, and the average hold time is 64 days. The typical cost for an owner to get a vehicle back is $2,000.
The law will bring in about $2 million this year to the city.
"That's like a guaranteed return on a lottery ticket. We take your car, and we are always right," said attorney Derek Cole.
Critics say the problem is Denver doesn't waive the fees, even if the misdemeanor is thrown out or you're found not guilty.
"There can be no evidence against you, you can have done nothing wrong and they still say you have to pay $3,000 or $4,000 to get your car back," attorney Mike McCullough told FOX31 News. "It's ridiculous."
The way the ordinance is written leaves people with no way to fight it.
According to consumer advocate Tom Martino, people have no recourse. "Denver says that's our law, we don't care if you're innocent, we don't care if you're not guilty," he said.
FOX31 News spoke with Denver City Council member Charlie Brown, who said he was unaware this was such an issue and said he will look into whether the law needs to be changed.
Meanwhile, attorney Derek Cole is preparing a class action lawsuit against the city of Denver in an attempt to force the city to change its policy.
Critics Say Denver Extorting Millions From Car Owners
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Originally Posted by Malsua
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