APPEALS COURT - SEIZURE OF CARS ILLEGAL AS DETERRENT TO PROSTITUTION, DRUGS

An appeals court has struck down an ordinance that allowed the city of
Hollywood to seize cars used by people accused in misdemeanor prostitution
offenses.

The decision handed down Wednesday by the Fourth District Court of Appeal calls
into question similar ordinances in West Palm Beach, Dania Beach, Hallandale
Beach and Miami.

Hollywood and other cities passed the ordinances to combat prostitution, mainly
along Federal Highway.

When motorists are arrested for soliciting prostitutes, their cars are seized
and fees charged for the return of the vehicles.

In its decision, the court pointed out that state statues, which supercede city
ordinances, limit forfeitures to felonies.

"Improperly used forfeiture could become more like a roulette wheel employed to
raise revenue," the ruling said.

At $500 per seizure, Hollywood has collected hundreds of thousands in fees
since passing the ordinance in 1999.

Both Hallandale Beach and Dania Beach also charge accused offenders $500. Miami
charges $1,000.

Wednesday's ruling "is a huge victory," said Miami attorney Ronald Guralnick,
who filed the lawsuit in February 2000.

Guralnick represents Colon Bernard Mulligan, 51, who was arrested in November
1999 by Hollywood police on misdemeanor charges of soliciting a prostitute.

Mulligan, a retired house painter who lives in Davie, said he was driving home
when a friend riding with him asked him to pull over so he could talk to a
woman. Mulligan said he didn't realize his friend didn't know the woman until
he heard police hollering at them through the car window.

Before long, his car was towed, and he was sitting in a jail cell. It took him
weeks to come up with the $500 fee and additional charges from the towing
company. He pleaded no contest to the charges and received no marks on his
record.

Upon learning of Wednesday's ruling, he said he wasn't surprised.

"Something right came out of something [wrong]," Mulligan said.

Dan Abbott, Hollywood city attorney, said he would meet with his staff today to
determine how they will proceed.

"We have continued appellate options," he said.

Hollywood police Capt. Tony Rode said the fees collected from the ordinance pay
for the officers in the crime suppression unit, which combats prostitution and
narcotics.

"We wholeheartedly disagree with the district court of appeal's decision, but
nevertheless, we will abide by the court's decision," Rode said. "We might
suffer a monetary loss, but it would only force members of our agency to be
more creative in finding additional ways to fund this effort against
street-level crime."

Guralnick said the next step is to seek damages. He said he plans to get a list
of names and addresses of all people affected by Hollywood's ordinance.

"They are the members of the class action and are entitled to damages," he
said, noting that impoundment and fees pose a hardship on individuals.

Nova Southeastern University law professor Mark Dobson said that while
forfeiture laws are common around the country for a number of crimes,
impounding cars for misdemeanors could result in illegal seizures and is
"taking it too far."

Such a law is effective only if police publicize it to the people who would be
affected, he said.

"Forfeiture's ... design is both as a deterrence and it has the incidental
benefit to the city of making a little money," Dobson said.

Lt. Mark Anderson, an acting West Palm Beach police spokesman, didn't know how
many cars were impounded by the city each year. He said the City Attorney's
Office would determine whether police continue to apply the ordinance.

While the ruling is still open for challenge, Hallandale Beach Attorney David
Jove said his city would steer clear of impounding any cars.

Before the ordinance, the Hollywood department followed the state's forfeiture
act, which allowed it to charge fees for felonies. Rode said the city had
received numerous complaints about prostitution and street-level drug crime,
and officials felt the ordinance would be an effective deterrent.

Hallandale Beach passed its ordinance in 2000 and has collected $210,000 that
went to the city's general fund, police spokesman Andy Casper said.