Attorneys for the plaintiffs
in Gary Ring et al. vs Louisiana Department of Transportation and Weights
& Standards filed for partial summary judgment Oct. 26, in the 19th Judicial
District Court for the Parish of East Baton Rouge."In effect we have
asked the court to declare that the law itself is unconstitutional,"
said Madro Banderies, one of the four attorneys handling the class action
suit on behalf of OOIDA member Gary Ring and other truckers who received similar
citations from Louisiana W&S.
The lawsuit, filed March
8, 2001, says LDOTD and W&S denied Ring and other truckers their constitutional
right to due process for citations issued by LaDOTD's W&S officers. Out-of-state
truckers, like Ring, were compelled to pay the fines on the spot or risk being
jailed and their equipment seized. Banderies reports that the judge has granted
them an early court date, namely Dec. 3, 2001, to argue the matter a summary
"We are pleased
with the Court providing us with such an early date, and look forward to presenting
Gary Ring's case, and all others similarly situated to the court, and are
pleased with our pleadings," Banderies said. "If we win this, then
all that is left is determining Ring and others were damaged."
Banderies and his colleagues
set up a toll-free hotline and have received calls from more than 400 truckers
also cited by LaDOTD W&S. Drivers who received these types of citations
in Louisiana can call the hotline at 1-866-655-8236.
By Rene Tankersley, feature editor