### Meeting Overview The City of Bellingham Hearing Examiner heard an appeal on October 21st, 2025, from Spencer Cutsforth challenging the impound of his 2004 Toyota Tacoma and associated fees following the Bellingham Bay Marathon. The vehicle was towed from the 1200 block of Railroad Avenue, where temporary "no parking" signs had been posted for the race but were blown down by high winds during the early morning hours. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney hired by the city to conduct quasi-judicial hearings and make decisions on appeals like vehicle impounds, land use permits, and code enforcement matters. **MUTCD (Manual of Uniform Traffic Control Devices):** Federal guidelines that establish minimum standards for traffic signs, signals, and road markings to ensure consistency and safety. **Vehicle Impound Appeal:** A legal process allowing vehicle owners to challenge the validity of their vehicle being towed and the associated fees through a formal hearing. **Retroreflective Sign:** A road sign with special coating that reflects vehicle headlights back to the driver, making it highly visible in dark conditions. **Class A Tow:** The smallest classification for towed vehicles, typically passenger cars and light trucks, with specific state-regulated fee structures. **Burden of Proof:** In impound appeals, the appellant (vehicle owner) must prove the city's impound action was improper or wrong. **State-Regulated Towing Rates:** Fees for police-ordered tows are set by Washington State using the Consumer Price Index, updated every six months to ensure fairness. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | City of Bellingham Contract Hearing Examiner | | Spencer Cutsforth | Appellant (vehicle owner) | | Greg Coulter | City Parking Code Compliance Officer | | Lieutenant Dante Alexander | Bellingham Police Department Special Operations | | Chris Heston | Owner, Heston Hauling and Heston Towing | ### Background Context The Bellingham Bay Marathon is an annual running event that requires temporary street closures and parking restrictions to ensure participant safety. For this event, approximately 1,000 runners were expected to pass through the 1200 block of Railroad Avenue around 9 AM. The city typically places temporary cardstock signs 72 hours in advance, with one sign per parking meter, plus permanent retroreflective signs at block entrances. However, severe weather struck the morning of the race, with winds gusting up to 30 mph between 1:45 AM and 7 AM, accompanied by rain. This weather event blew down most of the temporary signs, though city staff determined the minimum required signage under federal guidelines remained in place. The challenge illustrates the tension between public safety needs during large events and individual property rights when temporary signage fails due to circumstances beyond the city's control. ### What Happened — The Short Version Spencer Cutsforth, a marathon participant, parked his Toyota Tacoma on Railroad Avenue around 5 AM on race day. He claims he saw no "no parking" signs at his specific parking spot. City staff arrived around 6 AM and found that high winds had blown down most temporary signs, though some remained standing initially. By the time staff reached Cutsforth's vehicle, the sign for that section had also fallen. After consultation between police and parking officials, they decided to proceed with impounds for safety reasons, ultimately towing 10-12 vehicles from this block alone. Cutsforth was charged $710.14 in state-regulated towing and storage fees. He appealed, arguing the impound was improper and the sign said "road to be closed" rather than "no parking," which he interpreted as allowing parking by race participants. ### What to Watch Next - **November 4th deadline:** Hearing Examiner's written decision is due within 10 business days - **Race organizer communication:** Lieutenant Alexander suggested the marathon organizers should better communicate parking restrictions to participants via email for future events - **Signage durability review:** The city may need to evaluate whether recyclable cardstock signs are adequate for weather-prone events ---