The Bruce Report

Some Moncton drivers think they’re completely justified parking their cars on another’s private property. Meanwhile, several downtown landowners think they have an absolute right to immobilize trespassers’ vehicles with the now infamous “boot”.  At least these camps share one point in common: They’re both wrong.

            It’s been ages since the Hub City managed to manufacture such a ludicrous controversy. And, as with all civic dust-ups when brains succumb to passion, the timing is impeccable: Lest we forget, tourist season is just around the corner, and the imbroglio can’t help but imply that Moncton is not the people-friendly destination it’s cracked up to be just in time for the World Junior Track and Field Championships.

            Certainly, the mainstream media and the blogosphere are having a field day covering the story. And why not? It’s a headline writer’s dream: “Give the boot to the boot”, “These boots were made for locking”, “Moncton’s new rush-hour gridlock.” It surely helps when both the mayor and the local Member of Parliament weigh in on the subject.

            Said George LeBlanc last week: “It’s not like you’re parking in someone’s driveway. . .There’s an imbalance of power and authority here and questions of fairness.”

            Added Brian Murphy: “It’s an unseemly way of doing business. Nobody should be inconvenienced by a half-hour. And the idea that you park there and the engine is still warm and they are towing or booting you is crazy.”

            Indeed, it is. But no less so than assuming a private lot is yours for the invading simply because it’s not full. In this sense, it’s exactly like parking in someone’s driveway. Ask any number of homeowners who live along the perimeters of Victoria Park during the August craft market for their opinions about their fellow citizens’ sense of vehicular entitlement.

            Frankly, though, like many in this community, I have zero patience with draconian measures to enforce property rights at the expense of reason and compromise. And a lightly regulated, dubiously licensed service that wheel-boots my car and then demands I pay an inexplicable penalty of 85 bucks before I can drive off does worse than trespass; it extorts my compliance, like some inner-city mugger.

            Still, there is a way out of this frustrating morass as long as cooler heads prevail.

            Where feasible, private landowners in the downtown area should fence and gate their lots. Where this proves impractical, they should post big, legible signs in both English and French clearly indicating that unauthorized parking will result in warnings, tickets, and, as a last resort, towing or booting. They should record the plate numbers of repeat offenders, and seek remedies and penalties appropriate to the so-called crime.

Meanwhile, public authorities should heavily regulate the practice of booting by, among other things, drafting and enforcing a code of conduct and producing a comprehensive community information program. They should require that private parking lot “booters” obtain all the certifications and licenses applicable to public parking lot attendants, and adhere to a strict standard of best practices when dealing with offenders. These include: Appreciating the circumstances of an individual driver’s infraction; courtesy; efficiency; and speed. Moreover, they should establish a legitimate complaint and redress mechanism for drivers who feel they have been treated unfairly (or robbed at pen-point).

If all this sounds nauseatingly complicated, bear in mind that parking restrictions in every city of Canada are replete with “nanny-state” conventions. You can’t roll up outside somebody’s house in downtown Toronto without inviting an unwanted tow courtesy of the city’s public works department. Just try negotiating with those characters.

Of course, the best solution for Moncton’s periodic woes is always the simplest: Drivers, don’t park where you’re not wanted; landowners, try to remember you’re part of a community and that wheel-booting is a wholly foreign assault against the well-being of an otherwise peaceful and cheerful city.

Better yet, ride a bike to work.

You’ll feel better, and in so many ways.

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