Mardi Gras / Special Event Routing Confusion
During Mardi Gras, Jazz Fest, French Quarter Fest, Essence Fest and Saints/Pelicans games, the City of New Orleans posts temporary 'No Parking – Tow Away' signs that often go up with less than the 24 hours' notice required under New Orleans Code §154-1683 and that many visitors cannot reasonably check. Vehicles towed under temporary signs may be defended on insufficient-notice grounds, and the Civil Code's contra non valentem (impossibility) doctrine reinforces the defence.
Legal basis
New Orleans Code §154-1683; La. R.S. §32:42; contra non valentem doctrine
Sample appeal wording
Central Adjudication Bureau Re: Citation/Tow [NUMBER] – Removed during [EVENT] on [DATE] CONTEST – INADEQUATE NOTICE OF TEMPORARY RESTRICTION My vehicle was towed/cited at [LOCATION] on [DATE] pursuant to a temporary 'No Parking' sign posted in connection with [EVENT]. Under New Orleans Code §154-1683, temporary parking restrictions require notice posted at least 24 hours in advance. I request via La. R.S. §44:1 the Department of Public Works' posting log for [LOCATION] for the period [DATE]–[DATE]. If the log shows posting less than 24 hours before enforcement (or no log at all), the citation must be dismissed. Louisiana civil law applies contra non valentem to municipal enforcement: a citizen cannot be obliged to obey a regulation he could not have known about. I parked at [TIME] on [DATE] when no temporary sign was visible (photo attached from Google Street View dated [DATE], or my own dashcam). I request dismissal and refund of any tow/storage fees paid. [NAME] | [ADDRESS] | [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- New Orleans Code §154-1683
- La. R.S. §44:1 (public records)
- Louisiana civil law – contra non valentem doctrine