The Martin Chronicles has reported about Villa Hills Mayor Mike Martin’s plans to file suit against any resident who declines to pay their $40 per car license fee when they renew their vehicle registration at the County Court House. This license fee, also known as the UNFAIR $40 PER CAR STICKER TAX, has been in effect since 2008. All revenue generated from the fee is restricted for use for street repair and replacement. Martin may not only be a plaintiff in license fee lawsuits. Rumors are swirling that he may find himself in the role of defendant in a license fee lawsuit as well.
If you have been paying attention, you know that Martin convinced Councilmen Kilburn, Pope and Noll to vote with him to send the collection of the fee from the Villa Hills City Building to the Court House in December, 2011. This move will cost the City thousands of dollars in revenue resulting from Kenton County’s charge for collecting the fee.
The County collection costs should not be Martin’s only concern about the move to Court House fee collection. The Martin Chronicles has heard rumblings from many residents about what they describe as a clear case of “selective enforcement”. Attorneys have been consulted about filing a class action lawsuit against Martin, City Council and the taxpayers over selective enforcement of the license fee ordinance.
No one on The Martin Chronicles staff professes to be a trained legal expert. We also realize that many laws are currently enforced selectively. Most trips on the interstate offer proof of that. Not every speeder receives a ticket. Locally, not every driver who blows through a stop sign-a frequent occurrence in Villa Hills-receives a ticket.
Still, it is clear that residents have a legitimate reason to grumble. The City ordinance authored by Councilman Kilburn all those years ago requires every resident to pay the fee for all vehicles they keep in the City. Prior to the move of collection to the County, every resident received a sticker to display on each vehicle when they paid the fee. This sticker provided the police a way to quickly determine if the resident was in compliance. By the way, this sticker also provided the reason for opponents of the fee to dub it the UNFAIR $40 PER CAR STICKER TAX.
Here is the problem. Now that the fee is collected by the County when residents renew their vehicle registration, “free roaders” with out-of-state licenses and almost everyone driving a company vehicle have received a de facto “free pass” to not pay the license fee. This is the case despite the fact that Kilburn’s ordinance requires these “free roaders” and company vehicle drivers to pay the fee. Police officers also no longer have the benefit of a displayed sticker to assist them in bringing any scofflaws into compliance. Besides, Martin’s decimation of the police department has them spread too thin to devote much energy to license fee compliance.
There are more problems. Martin and Kilburn tried to downplay the selective enforcement issue by claiming that only a very small number of “free roaders” and company vehicle drivers ever paid the fee. The Martin Chronicles has obtained a copy of a study that disproves that Martin and Kilburn claim. This study clearly shows the move to County collection virtually guarantees that several thousands of dollars in previously collected revenue from “free roaders” and company vehicle drivers has been thrown away. It would have been slightly more acceptable if Martin and Kilburn had told the truth about that. But they didn’t.
The Martin Chronicles also accurately predicted that many Villa Hills residents would simply decline the “invitation” to pay the $40 dollar fee when politely asked by a Court House clerk. We have learned from several sources at the Court house and elsewhere that the collection numbers have dropped off dramatically. We are also told that those who declined to pay will be sued.
We aren’t sure if a class action suit filed by Villa Hills residents over Martin’s decision to make selective enforcement of the license fee a matter of city policy would go anywhere in court. But here is what we are pretty sure of. Martin and the council could short-circuit any “selective enforcement” counter-suit by simply admitting they no longer care if “free roaders” and company vehicle drivers pay the fee and amend Kilburn’s original ordinance to reflect their change of heart. We suspect that Martin is fearful of the political fallout such an action would cause. Let’s face it. The mayor already has more than enough problems.
Here is another idea. Why doesn’t Councilman Mike Pope finally live up to his long-standing campaign promise to work to repeal the dreaded UNFAIR $40 PER CAR STICKER TAX? The fee has outlived its usefulness. The selective enforcement of the fee now makes it far more controversial-and far more unfair- than it already was.
Mike Pope actually keeping one of his campaign promises. Wow! Now that is some “outside-of-the-box” thinking.
