This article is from the source 'washpo' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.washingtonpost.com/local/taxi-driver-wins-fight-against-national-park-service-after-judge-finds-idling-isnt-parking/2016/02/11/db254754-d0d3-11e5-abc9-ea152f0b9561_story.html

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Taxi driver wins fight against National Park Service after judge finds idling isn’t parking Cabbie wins fight against Park Service after judge finds idling isn’t parking
(about 5 hours later)
In the war over what it means for a vehicle to park or stand outside Arlington National Cemetery, Virginia taxi driver Yahia H. Fayed has prevailed.In the war over what it means for a vehicle to park or stand outside Arlington National Cemetery, Virginia taxi driver Yahia H. Fayed has prevailed.
An Alexandria federal judge declared Thursday that Fayed, 35, convicted for violating “Reserved Parking NPS Permit Required” signs by the cemetery’s entrance on Memorial Avenue, was technically idling in search of tourists — not “parked.” U.S. District Judge Anthony Trenga ordered the reversal of Fayed’s citations and convictions, ruling that because he remained in his car with the engine on, he was not “parked” by dictionary definitions. A federal judge in Alexandria declared Thursday that Fayed, 35, who was convicted for violating “Reserved Parking NPS Permit Required” signs by the cemetery’s entrance on Memorial Avenue, was technically idling in search of tourists — not “parked.” The judge ordered the reversal of Fayed’s citations and convictions, ruling that because he remained in his car with the engine on, he was not “parked” by dictionary definitions.
“The terms “park,” “parking,” and “parked” are not defined in any National Park Service or other applicable regulations or statutes. The Court is therefore required to construe those terms in accordance with their plain and commonly understood meaning,” Trenga wrote. “The terms ‘park,’ ‘parking,’ and ‘parked’ are not defined in any National Park Service or other applicable regulations or statutes,” wrote U.S. District Judge Anthony Trenga. “The Court is therefore required to construe those terms in accordance with their plain and commonly understood meaning.”
Fayed, a father of four who lives in Woodbridge, often idled in his marked gray taxi on the stretch of road leading into the cemetery because so many exiting tourists needed rides home or to other Washington destinations.Fayed, a father of four who lives in Woodbridge, often idled in his marked gray taxi on the stretch of road leading into the cemetery because so many exiting tourists needed rides home or to other Washington destinations.
But he repeatedly ran into the crosshairs of the National Park Service and estimated he’d been issued about 15 tickets in the past two years. Fayed’s case was all the more remarkable because one National Park Service officer even conducted a stakeout behind a set of bushes to catch him in the supposed act of parking. But he repeatedly ran afoul of the National Park Service and estimated that he had been issued about 15 tickets in the past two years. One U.S. Park Police officer even conducted a stakeout behind bushes in an effort to catch him in the act of parking.
With the judge’s order, those citations are reversed. With the judge’s order, those citations were reversed.
[A taxi driver’s war with U.S. Park Police outside Arlington National Cemetery][A taxi driver’s war with U.S. Park Police outside Arlington National Cemetery]
In his ruling, Trenga also found that the “Reserved Parking” signs that Fayed supposedly violated are ambiguously worded and don’t clearly rule out idling or standing. In his ruling, Trenga also found that the “Reserved Parking” signs that Fayed supposedly violated are ambiguously worded and do not clearly rule out idling or standing.
“The term ‘Reserved Parking’ is clearly intended to restrict the right to park to NPS permit holders. But what is “reserved” to NPS permit holders under a reasonable reading of the sign is the right to “park;” the sign does not necessarily indicate that all other non-interfering uses are prohibited.” “The term ‘Reserved Parking’ is clearly intended to restrict the right to park to NPS permit holders. But what is ‘reserved’ to NPS permit holders under a reasonable reading of the sign is the right to ‘park’; the sign does not necessarily indicate that all other non-interfering uses are prohibited.”
In an interview, Fayed said he was elated.In an interview, Fayed said he was elated.
“I feel happy now. The judge made the right decision. He knows this was wrong,” he said. “I was just sitting inside my car waiting inside for two or three minutes.” “I feel happy now. The judge made the right decision. He knows this was wrong,” Fayed said. “I was just sitting inside my car waiting inside for two or three minutes.”
His attorney, Todd Richman, said in a statement: “We believe the Court reached the correct and fair result, and we’re appreciative of the Court’s careful consideration of the issues we raised in Mr. Fayed’s appeal.” Fayed’s attorney, Todd Richman, said in a statement: “We believe the Court reached the correct and fair result, and we’re appreciative of the Court’s careful consideration of the issues we raised in Mr. Fayed’s appeal.”
Chandana Kolavala, a prosecutor handling the case, declined to comment.Chandana Kolavala, a prosecutor handling the case, declined to comment.