Court of Appeals hearing booting case
The Utah Court of Appeals is coming to Logan after 11 years to hear oral arguments from two appeal cases, including one from USU’s former Student Body President Quinn Millet.
The court’s judges will hear arguments from those involved in the cases at the Logan Courthouse located at 135 N. 100 W. in courtroom five on October 30 at 10:30 a.m.
Students are encouraged to attend, as it will “give them an opportunity to see first hand how the court system works,” said Nancy Volmer, a representative at the public information office of the Utah State Courts.
Volmer said the court travels twice a year to different places in Utah in order to allow residents the opportunity to see the state judicial system at work in their own communities without having to drive to the Matheson Courthouse in Salt Lake City.
The last time the Court of Appeals came to Logan was in May 1995, as stated in a press release.
“The court tries to rotate visits, and looks for cases that would attract a local appeal. Logan was chosen because the court hasn’t been there for a while, and it was time, along with the possibility of these cases being of local interest to students and residents in the community,” Volmer said.
The two appeal cases are State v. Rhinehart, involving a woman who was convicted of burglary and theft in January 2005, and Millet v. Logan City, which involves the 2005-2006 former USU Student Body President Quinn Millet, Logan City, D’s Bridgerland Apartments, and Cache Auto Booting Service.
According to a case summary, Millet entered into a lease agreement with D’s Bridgerland Apartments in August 2003. In September 2003, Cache Auto Booting Service immobilized Millet’s vehicle by “booting” the wheel. He paid the $50 fee to have the device taken off.
Millet filed a lawsuit because, according to the case summary, the practice of booting violated his right of due process under the United States and Utah Constitutions, and violated his civil rights under federal statute.
Millet sought compensatory damages of $50, and the trial court dismissed the complaint, the case summary states.
The case summary states that with Millet’s appeal, he challenges the dismissal, asserting that he was deprived of due process of law when he was not provided notice and an opportunity to be heard before his vehicle was immobilized.
In relation to Millet’s case, Brooke Tenney, a sophomore elementary education major said, “I can see where he’s coming from. No one likes to be booted. I think booting is too harsh of a punishment, though. I realize they need to regulate parking, but a $50 booting fee is too much.”
Tenney’s fiancé, Ryan Naylor, who is a junior business major added, “booting is not a bad idea, but $50 is ridiculous. There should be a warning first, then after that it should be $20. I’ve been booted twice, and both times they just didn’t see my parking sticker. It made me late for work, and I had to argue with them for 20 minutes over the phone just to get them to come over and see that they had made a mistake.”
Volmer said she encourages all students to attend the appeal, regardless of their major, and that pre-law, political science, and journalism majors may find it especially of interest.
“The state court is coming right to the backyard of Utah State students, providing an opportunity to become informed and see how the judicial system works,” Volmer said.
Volmer said students who are interested in attending the oral arguments should call Lisa Collins at the Utah Court of Appeals at (801) 578-3907 and ask about seating, because it is limited.
Neither Quinn Millet nor his attorney, David R. Daines, could be reached for comment.
For more information about the Utah Court of Appeals, the court’s creation, and the presiding judges who will attend, got to www.utcourts.gov/courts.
-heidifk@cc.usu.edu