Title: Council Action would violate Constitution By Sam C. Horton

This is a letter expressing my outrage at the Oakland City Council's
proposed ordinance to confiscate the personal vehicle of a person, using
such vehicle to solicit a prostitution sex act or a drug purchase.
Since the confiscation of a personal vehicle, and subsequent sale and
conviction for soliciting a sex act or drug purchase, enriches the city,
this must be construed to be a fine.
My problem is with the Equal Protection Clause of the 14th
Amendment of the U.S. Constitution. The amount of the fine is based on
the value of each individual vehicle for the identical offense, of
soliciting a sex act or drug purchase while using a personal vehicle. The
fine for an identical offense for one person may be as little as $100 and
as high as $50,000 or more for another person, depending on the value of
each vehicle.
A person caught on foot soliciting an act of prostitution or drug
purchase and convicted, where the gravity of the offense is equal to the
person using a vehicle, will never pay a fine of $50,000 or more.
A person caught and convicted for soliciting a sex act or drug
purchase, using a rented vehicle, a leased vehicle, in a taxi, or a
borrowed vehicle, will never be fined $50,000 or more because those
vehicles will not be confiscated and sold.
The city of Oakland is not justified in violating a law for the
purpose of catching a law violator that enriches its treasure. The city
has no interest in eradicating prostitution and drug purchases where a
vehicle is not involved. This city wants your vehicle. The more it's
worth the better. If you own a home, watch out.
Sam C. Horton
Oakland