Summary judgment petition claims Louisiana law unconstitutional

| 10/30/2001

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 judgment.

"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