📋 Committee Meeting
City of Bellingham Hearing Examiner
← Back to All Meetings
Meeting Summary
The City of Bellingham Hearing Examiner conducted an appeal hearing for Jody Winningham, challenging the March 31, 2025 impound of his 1986 Dodge RAM Van and trailer from the 1500 block of D Street. The case represents more than a typical parking violation — it highlights the complex intersection of homelessness policy, community relations, and municipal enforcement procedures.
Winningham, who has lived in his van on D Street for approximately four years, argues he had an informal arrangement with parking enforcement and was wrongfully prevented from moving his vehicle when tow trucks arrived just 15 minutes after the 72-hour deadline expired. The city maintains it followed standard procedures after receiving a complaint and issuing proper notice.
The appellant presented extensive testimony about his community contributions, including providing security camera coverage for nearby properties, assisting with cleanup efforts, and working cooperatively with police. He claims former Mayor Seth Fleetwood issued a "mayoral edict" instructing enforcement to take a hands-off approach to his situation, and argues the impound violated recent court precedent requiring cities to use impoundment as a last resort for people living in vehicles.
City staff defended their actions as consistent with standard parking enforcement procedures, noting they treat all vehicles equally regardless of occupancy status. The city attorney emphasized that living in a vehicle does not immunize someone from compliance with general parking regulations, and argued that allowing people to move vehicles only after tow trucks arrive would waste resources and undermine enforcement effectiveness.
Hearing Examiner Sharon Rice took the matter under advisement and will issue a written decision by May 23, 2025. The case involves $491.05 in fees per vehicle, which community members paid to secure Winningham's release the same day.
Study Guide
## MODULE S1: STUDY GUIDE
**Meeting ID:** BEL-HEX-2025-05-09
### Meeting Overview
Bellingham's Hearing Examiner Sharon Rice conducted a vehicle impound appeal hearing on May 9, 2025, reviewing an appeal filed by Jody Winningham challenging the impoundment of his 1986 Dodge RAM van and trailer from D Street, along with the associated towing and storage fees.
### Key Terms and Concepts
**Hearing Examiner:** An independent attorney contracted by the city to hear appeals and make binding decisions on code enforcement matters. The hearing examiner operates separately from city staff to provide impartial review.
**Vehicle Impound Appeal:** A formal process allowing vehicle owners to challenge the validity of an impound and associated fees. The city bears the initial burden of proving the impound was lawful, then the appellant must prove it was not.
**72-Hour Notice:** A yellow sticker placed on vehicles parked in violation of city code, giving owners 72 hours to move the vehicle before it can be towed and impounded.
**Tire Stem Documentation:** A method used by parking enforcement to prove a vehicle hasn't moved by photographing tire valve stems positioned like clock faces, then comparing photos taken 72 hours later.
**Registered Tow Truck Operator:** A towing company licensed by the State of Washington with official fee schedules approved by the state. Different vehicle classes and circumstances determine the rates charged.
**Seattle v. Long Case:** A legal precedent establishing that while people living in vehicles aren't exempt from parking laws, their vehicles cannot be sold to pay impound fees if not redeemed within 15 days, recognizing the vehicle as their home.
**Burden of Proof:** In impound appeals, the city must first prove the impound was valid under city code, then the appellant must prove the city's actions were improper or unauthorized.
**Executive Session:** Though not applicable here, this refers to closed portions of meetings where sensitive matters are discussed without public access.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Sharon Rice | City of Bellingham Hearing Examiner (contracted attorney) |
| Jody Winningham | Appellant (vehicle owner living in van) |
| Stephanie Mays | City Parking Code Compliance Officer |
| Matthew Stamps | Senior Assistant City Attorney |
| Chris Heston | Owner, Heston Towing (towing operator) |
| Ms. Bowker | Hearing Clerk |
### Background Context
This case represents the intersection of homelessness policy, parking enforcement, and property rights in Bellingham. Winningham had been living in his van on D Street for approximately four years, claiming an informal arrangement with parking enforcement and community support for his presence. He argued he provided security services and community benefits, including crime prevention and street cleanup.
The impound occurred after a complaint triggered the standard 72-hour notice process. However, Winningham contends he had reasonable expectation of being able to move the vehicle before towing, citing past practices and the proximity of no-parking signs for street work scheduled for April 1st. The case raises questions about how cities balance consistent code enforcement with accommodating residents experiencing homelessness.
### What Happened — The Short Version
After receiving a complaint about vehicles on the 1500 block of D Street, parking enforcement Officer Stephanie Mays visited on March 28, 2025, and placed 72-hour notices on four vehicles including Winningham's van and trailer. When she returned March 31st, two vehicles (the van and trailer) hadn't moved, so she called for tow trucks.
Winningham says he was ready to move the vehicles when the tow trucks arrived around 8:15 AM, with keys in hand, but was told by police he couldn't enter the vehicle once the towing process began. The city argued that once the 72-hour period expires and tow trucks arrive, the impound proceeds regardless - otherwise people would just wait until the last minute to move.
Both vehicles were towed to Heston Towing, where Winningham redeemed them the same day for $491.05 each after community members paid the fees. The hearing examiner will decide whether the impound was valid and whether the fees should be waived or refunded.
### What to Watch Next
- Hearing Examiner Rice has until May 23rd to issue her written decision
- The decision will determine if impound fees totaling nearly $1,000 should be refunded
- This case could influence how Bellingham handles similar situations involving people living in vehicles
---