CORDY, J.
In this case, brought pursuant to G. L. c. 30A, § 14, and G. L. c. 231A, we are asked to decide whether the imposition of $275 in filing fees to obtain judicial review of a final decision of a municipal parking clerk regarding a parking citation offends the Massachusetts Constitution. Vincent Gillespie and Edward Hamel, the plaintiffs, each dispute the validity of parking citations received in the city of Northampton. They appeal from a judgment of the Superior Court that the statutory scheme that imposes such fees for review of a municipal parking clerk's adjudication of the citation, following an in-person administrative hearing, is consonant with the principles of due process, equal protection, and separation of powers. We transferred the case to this court on our own motion. We affirm.
1. Background. On July 19, 2005, Gillespie received two citations for parking in a prohibited zone in Northampton. He received the second citation after removing the first from his windshield and walking to the Northampton parking office to protest. Each citation carried a maximum penalty of fifteen dollars. That same day, Gillespie filed a written challenge to both citations. A hearing officer designated by the Northampton parking clerk sent him a letter upholding the validity of the first citation because his "vehicle was parked in violation of the prohibited zone ordinance." The second citation was dismissed as duplicative because it was issued less than one hour after the first.
On October 29, 2005, Hamel stopped his vehicle in front of a bakery on Main Street in Northampton and waited for his wife
2. Statutory framework. Municipalities may choose to enforce any "rule, regulation, order, ordinance or by-law regulating the parking of motor vehicles" according to two similar administrative frameworks as set forth in G. L. c. 90, §§ 20A
The alleged offender may then appear to pay the fine in person, or may mail payment of the fine to the municipality's parking clerk. Id. Payment of the fine shall "operate as a final disposition of the case." Id. An alleged parking offender may contest the citation in two ways. First, he may send to the parking clerk "a signed statement explaining his objections" and any supporting evidentiary material. G. L. c. 90, § 20A ½. The parking clerk, or a designee of the clerk, referred to as a "hearing officer," reviews the written challenge and notifies the alleged
Either a written denial or the denial of challenge following a hearing is considered an appealable final decision of the parking clerk, and subject to judicial review under the Massachusetts Administrative Procedure Act, G. L. c. 30A, § 14. Proceedings for judicial review pursuant G. L. c. 30A, § 14, are instituted in the Superior Court.
3. Discussion. The plaintiffs launch a broad facial challenge to the constitutionality of § 20A ½ and the attendant filing fees it imposes for judicial review. We note at the outset that it is well settled that a "statute is presumed to be constitutional and every rational presumption in favor of the statute's validity is made." Pielech v. Massasoit Greyhound, Inc., 441 Mass. 188, 193 (2004), citing St. Germaine v. Pendergast, 416 Mass. 698, 702-704 (1993). The challenging party bears the burden of
a. Due process. The plaintiffs raise both substantive and procedural due process challenges to § 20A ½.
i. Substantive due process. Where a statute unjustifiably burdens the exercise of a fundamental right protected by art. 10 of the Massachusetts Declaration of Rights, the standard of review we apply is strict judicial scrutiny.
While the plaintiffs are well within reason to classify the role of judicial review of administrative agency decisions as "venerable," no court has concluded that it is a fundamental right under our Constitution, or that the right to bring a judicial challenge, once provided by statute, is of such a fundamental character that it may never be fettered by the payment of a filing fee. See Longval v. Superior Court Dep't of the Trial Court, 434 Mass. 718, 723 (2001), citing Cacicio v. Secretary of Pub. Safety, 422 Mass. 764, 773 (1996) (statute that requires nonindigent prisoners to pay for court filings does not abridge any fundamental right). See Nicholas v. Tucker, 114 F.3d 17, 21 (2d Cir. 1997), cert. denied sub nom. Nicholas v. Miller, 523 U.S. 1126 (1998), quoting Roller v. Gunn, 107 F.3d 227, 233 (4th Cir. 1997) ("Requiring [litigants] to make economic decisions about filing lawsuits does not deny access to the courts").
Nor does the statutory scheme in § 20A ½ impair the exercise of any other right that we have proclaimed to be paradigmatically fundamental. See, e.g, Commonwealth v. Weston W., 455 Mass. 24, 33 (2009) (right to travel freely); Commonwealth v. Knapp, 441 Mass. 157, 164 (2004) (freedom from physical restraint); Blixt v. Blixt, supra at 656 (parental rights of care, custody, and control of children). We have said, "it is clear that there is no fundamental right to operate a motor vehicle," Rushworth v. Registrar of Motor Vehicles, 413 Mass. 265, 269 n.5 (1992), citing Raper v. Lucey, 488 F.2d 748, 751 (1st Cir. 1973) ("we may take it as settled that such a right, federal or state, does not exist"), and as such, there is no fundamental right to park a vehicle on public property.
There being no fundamental right at stake, the statute survives constitutional review if it is rationally related to a valid government
ii. Procedural due process. The plaintiffs further argue that the designation of Superior Court as the chosen forum for judicial review of parking citations is irrational. The Superior Court, which has exclusive original jurisdiction over, inter alia, criminal charges punishable by imprisonment in the State prison for more than five years, see G. L. c. 212, § 6; G. L. c. 218, § 27, and all civil matters where the amount in controversy exceeds $25,000, G. L. c. 212, § 3, requires compliance with rigorous discovery and other rules. To vest it with jurisdiction over routine parking disputes, the plaintiffs argue, "defies common sense." The plaintiffs further argue that by imposing disproportionately high filing fees, § 20A ½ functionally gives ultimate authority over challenged citations to the same executive agency that issued the citation, thus denying aggrieved parking offenders an impartial appeal forum. The tenor of this broad argument sounds in procedural due process, and we review such a challenge under the familiar
"`Procedural due process' requires that a statute or governmental action that has survived substantive due process scrutiny be implemented in a fair manner." Aime v. Commonwealth, 414 Mass. 667, 674 (1993). See Mathews v. Eldridge, supra. "The fundamental requirement of due process is notice and the opportunity to be heard `at a meaningful time and in a meaningful manner.'" Matter of Angela, 445 Mass. 55, 62 (2005), quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965). We define the aggrieved party's interest, whether liberty or property, and abide by the general maxim that "[t]he more precious the right, the greater the protection. . . ." Commonwealth v. Barboza, 387 Mass. 105, 111, cert. denied, 459 U.S. 1020 (1982). Balancing under Mathews v. Eldridge, supra at 335, requires us to weigh: "First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedure used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail." See Duarte v. Commissioner of Revenue, 451 Mass. 399, 412 (2008). In this case, the balance weighs against the plaintiffs.
First, as to the private interest at stake, alleged parking offenders stand to lose personal property, in an amount as high as one hundred dollars for serious parking offenses, but in most cases between fifteen and fifty dollars. See G. L. c. 90, § 20A ½. This is not an entirely insubstantial interest, but, given the small sums involved, hardly one that society would regard as "precious." See Commonwealth v. Barboza, supra. Cf. Goldberg v. Kelly, 397 U.S. 254, 265, 270-271 (1970) (public assistance payments used by beneficiaries to procure basic life necessities is substantial interest). More to the point, for indigent persons, to whom a fine of one hundred dollars for an erroneous parking violation represents a true financial hardship, the statutory scheme waives the filing fees. See G. L. c. 262, §§ 4A, 4C; G. L. c. 261, §§ 27B, 27C.
Second, the risk of an erroneous deprivation of that interest is
As a final matter, the government interest in judicial economy and deterrence of frivolous appeals is substantial. Municipalities issue millions of parking citations annually, and the "fiscal and administrative burdens [of] additional or substitute procedural requirements" would be overwhelming. Mathews v. Eldridge,
b. Equal protection. Where a statute discriminates on the basis of a suspect classification, the statute is subject to strict judicial scrutiny. Commonwealth v. Weston W., 455 Mass. 24, 30 (2009). All other equal protection claims proceed under a rational basis analysis.
First, the plaintiffs argue that no legitimate public purpose is served by the legislative classification distinguishing alleged parking offenders from several other classes of civil litigants that are not required to press appeals in the Superior Court, and pay its attendant filing fees. To highlight this differential, they point to the procedures afforded alleged violators of other, nonparking municipal ordinances, G. L. c. 40, § 21D (providing "notice to appear" hearing before "district court judge, clerk, or assistant clerk" [without fee]), and alleged violators of all other civil motor vehicle infractions, G. L. c. 90C, § 3 (A) (4), as amended through St. 2010, c. 131, § 57 (requiring fee of twenty-five dollars for hearing before District Court clerk-magistrate and fee of fifty dollars for further appeal to District Court judge).
Here, there are significant qualitative differences between alleged parking offenders and the other classes of litigants that justify the difference in treatment. Where equal protection
Second, there are legitimate government interests supporting the Legislature's choice to permit formal judicial review of challenges to traffic and municipal infractions in the first instance, while providing a preliminary cost-free administrative forum for civil parking citation challenges. The penalties imposed are different. Some traffic infractions may be the subject of a
Next, the plaintiffs argue that Superior Court is an irrationally designated forum, where other statutes establishing administrative regimes vest jurisdiction in the District Court, with its lower filing fees, to hear certain appeals of agency adjudications.
The plaintiffs further contend that the statutory scheme produces irrational results that do not advance the purpose of the legislation, where indigent offenders may press frivolous appeals without fee but nonindigent persons are deterred from filing even meritorious appeals because of the cost. As a preliminary matter, we note that we have emphasized in the past that a "statute or ordinance is not rendered unconstitutional merely because . . . the means stated in the statute is not perfectly consistent with the desired result." Marshfield Family Skateland, Inc. v. Marshfield, 389 Mass. 436, 447, appeal
As a final matter, we are not unmindful of the fact that Massachusetts imposes filing fees for judicial review of parking citations in excess of those imposed in most other States. See, e.g., Cal. Gov't Code § 70615 (West 2009) and Cal. Veh. Code § 40230 (West 2000) (filing fee of twenty-five dollars for court review of administrative adjudication); Conn. Gen. Stat. Ann. § 7-152b(g) and § 52-259 (2009) (Superior Court has jurisdiction over appeals from administrative adjudication with reduced filing fee of thirty-five dollars); Fla. Stat. Ann. §§ 316.1967(2), (4) (West 2006) (civil violation contest allowed in county court or traffic violations bureau). However, our duty is to ensure that the filing fees are not enacted arbitrarily or in violation of other safeguards provided by our Constitution. It is the sole province of the Legislature to set the amount of those fees. St. Germaine v. Pendergast, 416 Mass. 698, 703 (1993) ("A court is only to inquire into whether the Legislature had the power to enact the statute and not whether the statute is wise or efficient"). Whether wise or unwise, we may not calibrate such fees in precise proportionality to the interest involved. Our lens focuses only on the constitutional question. See id. In sum, for all the reasons discussed, the plaintiffs have failed to establish that there is no rational basis for the filing fees and designation of the Superior Court as the forum for judicial review. Contrast Murphy, supra at 232-233. Therefore, § 20A ½ does not violate equal protection principles.
c. Purchase of justice. In this case, where § 20A ½ does not reach a fundamental right or contravene the equal protection clause, we do not consider it violative of art. 11's purchase of justice clause, where the statutory scheme is supported by a rational basis. Longval v. Superior Court Dep't of the Trial Court, 434 Mass. 718, 723 (2001) ("Where, as here, the statute does not pertain to a suspect class, . . . involves a right, i.e.,
d. Separation of powers. The plaintiffs argue that § 20A ½, by dint of the filing fees, renders illusory the right to judicial review. As such, they contend, the statute imbues the executive branch with unreviewable authority over parking citations, in violation of the principle of separation of powers found in art. 30 of the Massachusetts Declaration of Rights.
4. Conclusion. For the foregoing reasons, we conclude that the plaintiffs have failed to establish that § 20A ½ is discordant with the Massachusetts Constitution, and we uphold the grant of summary judgment in favor of Northampton.
Judgment affirmed.