Attorney claims ticketing in East Hampton was unconstitutional

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EAST HAMPTON -

A prominent Manhattan attorney is taking on East Hampton Village because he says the parking ticket he received on Main Street is unconstitutional.

Jay Goldberg says he got an $80 fine for exceeding the three-hour limit for handicapped parking when he went to see a movie in the village last month.

"To require me to get up from my seat, once I'm lucky enough to find a spot, is harsh and heartbreaking," Goldberg said.

Goldberg says village traffic agents chalking tires to monitor how long a motorist has parked and limiting the time a handicapped person can occupy a spot is against the Americans with Disabilities Act. He points to a recent federal appeals court ruling that says chalking tires may be unconstitutional -- possibly violating the Fourth Amendment.

Goldberg says other municipalities in the area don't limit handicapped parking and others say that's what East Hampton should do as well.

"I really feel bad for him. Really, he should be able to fight that ticket," says Amagansett resident Ernesto Grinberg.

Some motorists say having traffic control agents chalk tires or in this case, the pavement, is actually a good thing because it gives more people a chance to park.

"For this reason I think it's fair for everybody can get a spot. Otherwise, people can come in and park for the full day," says East Hampton resident Andre Trigubovich.

Goldberg was supposed to have a hearing on his ticket Monday in Village Court, but it was postponed by the judge so both sides could file appropriate legal motions.

The Village of East Hampton told News 12 it is not changing its parking policies and will continue to chalk tires to monitor parking times.

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