PALM BEACH COUNTY, Fla. — A retired Palm Beach Gardens attorney has filed a federal lawsuit against six South Florida cities and three parking technology companies, claiming their paid parking enforcement violates federal standards and forces drivers to surrender personal data through private apps.
The lawsuit, filed March 3 in the U.S. District Court for the Southern District of Florida, names the Town of Palm Beach, the City of Boca Raton, the City of West Palm Beach, the City of Riviera Beach, the City of Delray Beach, and the City of Fort Lauderdale as defendants. The three parking technology companies named are ParkMobile LLC, PayByPhone US Inc., and One Parking LLC.
Kerry Lutz says his legal battle began last November when he returned to his car in Ocean Avenue, Riviera Beach, to find a ticket.
"I park my car where I always park it, and I come back and there's a ticket on the car," Lutz said.
Lutz says the signage at the location was unlike anything he had seen before.
"It doesn't look like any no-parking or parking sign I have ever seen in my life," Lutz said. "It's got a beach ball, an umbrella, and sand. There’s no way they can justify these signs. These signs are patently illegal.”
Although his ticket was dismissed, Lutz says his research revealed the signs may not meet federal standards under the Manual on Uniform Traffic Control Devices, which Florida has adopted, like the sizing, wording, or placement.
"None of these signs are compliant under the MUTCD, and as Florida has adopted it," Lutz said. “No ticket can be issued unless there a valid traffic control device, a sign which is properly mounted, disabled and legible.”
From there, he says he drove to five other cities and found similar issues.
"If they want to charge for parking — fine. But they gotta obey their own rules," Lutz said.
The lawsuit claims that across those municipalities, drivers are required to pay through third-party platforms — mobile apps, kiosks, or phone systems — that record license plate data, process electronic payments, and transmit compliance status to the enforcing authority.
In the Town of Palm Beach, the lawsuit alleges that traditional kiosks and cash payment options have been completely eliminated, making a mobile app the only way to pay for on-street parking.
"You also are also agreeing to their privacy policy. It's a revenue grab and if they want revenue, do it the right way,” said Lutz. “You’re forced into a contract with a third-party company, you’re forced to pay service charge to park on a street.”
In the lawsuit, Lutz claims drivers are forced to use private apps, agreeing to terms of service while sharing personal data. He also raises concerns about minors being required to agree to legal contracts they cannot legally enter, and raises access issues for people with disabilities.
WPTV’s Zitlali Solache spoke with drivers on Ocean Walk. Resident Timothy Acquaye said certain parking signs need improvement. "I think it should be more, big and bold," Acquaye said.
Resident Barron Roberts described struggling with the payment process. “I’ve been here just sitting on the app or the website and just trying out how to pay for it," Roberts said.
Four municipalities declined to comment, citing the ongoing legal matter.
“Municipalities all over the state are charging for parking way in excess of what it costs them and they’re getting a free ride so they don’t have to raise taxes,” said Lutz.
Lutz says, regardless of the outcome, his goal is to raise public awareness.
“I’ve got AI and I've got knowledge of the law," Lutz said. "So it kind of equalizes things. But, win, lose or draw, the public knows about it now."
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