Humboldt County residents fighting against fines for alleged illegal cannabis operations have petitioned the Supreme Court, hoping to expand a constitutional right to a civil jury trial to states and counties.
Plaintiffs in the case say they’ve faced excessive penalties from the county for damage done by previous residents. One member of the class-action lawsuit said they were stuck with millions of dollars in fines after buying a piece of property with an apparently clear title. The county allegedly used satellite imagery to evaluate properties for building-code violations.
In December, the 9th U.S. Circuit Court of Appeals ruled that plaintiffs in the case can challenge penalties using four constitutional claims, including the Eighth Amendment’s protection against excessive fines.
But the court ruled plaintiffs could not challenge the county under the Seventh Amendment grounds, which guarantees a right to a jury trial in civil cases. That federal protection doesn’t apply to states and counties because of a precedent set in 1916.
The appellate court decision provided an opportunity, said Institute for Justice attorney Jared McClain, who represents the plaintiffs. He hopes a Supreme Court ruling will extend the Seventh Amendment.
“The Seventh Amendment is one of the last few rights that does not apply to the states,” McClain said. “We are asking the Supreme Court to overturn that 1916 precedent.”
He said the Supreme Court has gradually applied the Bill of Rights to states. For example, citizens have long had First Amendment protections for speech against local governments.
McClain said it’s important for people like his clients to have access to a jury trial. He said he’s seen text messages from a code enforcement officer explaining a county judge would never rule in his client’s favor because the judge works for the county.
“Not giving people this opportunity that the Constitution guarantees to have a jury of their peers decide the facts of their case has a major impact,” McClain said.
The Supreme Court is expected to decide whether to take the case this summer. In the meantime, the class-action lawsuit against the county is ongoing.
