South Florida City's "No Pick-Ups After Dark" Ban Ruled Unconstitutional

In another example of a South Florida city engaging in unconstitutional conduct in connection with the real property rights of its residents, The Miami Herald reports:

• "The City Beautiful is going to have to make room for trucks ugly. In an opinion peppered with jabs at one of Miami-Dade County's most restrictive hamlets, the state Third District Court of Appeal ruled Wednesday that a Coral Gables ordinance prohibiting pickup trucks from parking in residential areas overnight is unconstitutional. [...] The suit was brought by Lowell Kuvin, who received a $50 ticket in 2003 for parking his Ford F-150 in front of his home overnight. The city ordinance allows residents to own trucks, but they must be kept in garages or outside the city between 7 p.m. and 7 a.m. Kuvin didn't have a garage."

Coral Gables Mayor Don Slesnick is reportedly considering an appeal. For more, see Coral Gables' overnight truck ban ruled illegal (Striking down one of Coral Gables' symbols of exclusivity, an appellate court told the city that it cannot ban all pickup trucks after dark).

For the Florida appeals court decision, see Kuvin vs. City of Coral Gables (case made available online courtesy of Florida's Third District Court of Appeal).

Postscript

Similar to the case also posted today involving the Hallandale Beach, Florida homeowner who was being screwed over by his municipality, Mr. Kuvin initially lost his case in the lower court, and was essentially forced to take his case to an appeals court, where he obtained the reversal he sought - the court declaring the city ordinance unconstitutional.