"But it be Tu B’Shvat!"

New York City has a strange system of "street cleaning rules", also known as "alternate side parking" rules.  On one or more days of the week, for anywhere from 1/2 an hour to 3 hours, parking is prohibited so that the street cleaners can clean the streets.  The street cleaning rules are often suspended due to bad whether and holidays.  For many people the way they learn that they don't have to run to their cars and move 'em for a period, is by listening to the radio in the morning.  Other people just rely on their knowlege of the holidays.  This is a dangerous method - because the rules defy common sense.  As a general rule, most holidays that are well known result in suspension of street cleaning rules:  Christmas, New Years, Independence Day, - and the smaller ones like Ash Wednesday, Lincoln's Birthday, Washington's Birthday.  But in an effort to be fair, NY continues to find reasons to include more and more holidays - Ascension Thursday, Feast of the Assumption, Feast of the Immaculate Conception, Feast of All Saints, Rosh Hashana , Yom Kippur, the first and last two days of Passover, Martin Luther King's Birthday.

However, Just because street cleaning rules are suspended, doesn't necessarily mean that other parking rules are suspended.  Veterans are often shocked to find that they have to put money in the meter on Veteran's day, but not on New Years day.  It is of little consolation to the respondents that  while many holidays warrant the suspension of Street Cleaning Rules, only a few holidays warrant the suspension of other rules - like meter parking.   How often have I heard a member of the Hasidic Community show utter surprise when he learns that on Labor Day meters need not be activated, but on Rosh Hashana, the Jewish New Year, parking at a meter near the synagogue, requires activation.  NY rules are complicated, and frankly, I am surprised anyone can understand them.  People who are genuinely confused about holiday rules, in my books, are entitled to a fine reduction, at the very least.

Last February, a young African American man came into my room, wearing baggy jeans and a gym jacket;  he handed me his ticket for violating street cleaning.  After swearing him in, he pled not guilty.  "Where you parked there," I asked?  He nodded.  Was the sign visible? He nodded.  Well, what happened - why are you not guilty?  He said, "I thought I could park there, because it was a holly day"  I perused my list of all the holidays requiring suspension of street cleaning rules.  Not wanting to seem unknowlegable, I thumbed through my day-timer calander, and saw that February 2d was ground hog's day.  Surely, he didn't think...

So, I looked at him squarely in the eye, and said, "Unfortunately, there was no holiday that I'm aware of which would warrant the suspension of street cleaning on that day, and unfortunately..."

Cutting me off, he blurted out, "But it be Tu bi Shvat!"

Now, I happen to know, that Tu bi Shvat is a Jewish Holiday - but with no disrespect intended, it is a minor holiday – very, very minor.  Its a sort of Arbor Day in Israel.

"Tu Bi Shvat?," I asked incredulously. "Your Jewish?"  I instantly regretted the question.

He was comfortable with the answer, though.  "No, but my mama, she used to work for a Jew family in Brooklyn."

Well, that was all he said.  He appeared to wait for my further questioning - but I had no questions.  That's not true.  I had questions, just I didn't know where to begin.

"Anything else?"  I asked.

"No, your Honor."

Well, I'm not really allowed to give credit for creativity.   On the other hand, had it been an orthodox Jew, who was honestly confused- it might have resulted in a fine reduction.   What was his story really?  Where had he learned about the holiday?

I wrote, "Respondent's claim that he believed street cleaning was suspended for the holiday Tu Bishvat, does not establish a legal defense to the violation, as street cleaning rules in fact were not suspended on that day.  I note, however, that Respondent's failure to move his vehicle was based on his good faith belief that the rules were suspended due to the holy day-  the facts warrant fine reduction."  I reduced the fine from $55 to $10.

I read him the decision.

He  nodded, and said, "shalom, bro," and walked out of the room.

(1999)

rev. 2002-02-17