BIDDEFORD — The city of Biddeford has been served with another complaint regarding parking, this time alleging that the parking plan violates residents’ constitutional rights.

Jason Litalien, a private citizen of Biddeford, has taken up the torch yet again to end paid parking in downtown Biddeford.

While Litalien’s first suit against the city on the parking issue filed in October 2018 has since been dismissed, his new complaint focuses on his mission in a more direct approach: the implementation of parking meters has infringed on his, and 6,761 other residents, First and Fourteenth Amendment rights.

The First Amendment of the Constitution protects the votes of citizens, which Litalien agues is being violated by placing paid parking in the downtown despite the binding referendum that banned parking meters in that area of the city.

Litalien’s complaint, filed on May 24, states that the implementation of the parking plan is a direct violation of the rights of the citizens of Biddeford by disregarding the binding 2014 referendum which asked voters, “Shall the City of Biddeford install parking meters in the greater downtown Biddeford area?” The vote was 6,761 no votes and 959 voting yes.

In the opening statement of the complaint, Litalien states that the suit is on behalf of not only himself, but the 6,761 other residents who voted against having parking in the downtown area.

“When the referendum was written, it has very inclusive language,” Litalien said during a June 3 interview. “The city has been trying to argue that the parking lots weren’t included in the referendum and that it only referred to street parking. We have proof that it was not the intention.”

Included in the complaint are sworn affidavits from residents who organized the vote and those who voted for the referendum stating that it was their intent and understanding that the referendum would be inclusive to all of the downtown, not just the streets.

Vincent Keely, owner of the WonderBar restaurant on Washington Street, was one of the organizers of the referendum, and in his sworn affidavit he states that the plan was to ban all paid parking, not just meters.

Also included in the complaint filed by Litalien is a photo taken from the day the kiosks were installed in downtown Biddeford of one such machine, which is emblazoned with a sticker stating instructions to “pay meter.”  The stickers on the machines have since been replaced and the word “meter” is not included

The injunction filed by Litalien against the city in October of last year aimed to halt the recently launched parking plan, which includes charging for parking at a number of city-owned, downtown parking lots.

Litalien served the city with a complaint on Oct. 23 and then with a preliminary injunction the following Friday, Oct. 26. A judge in Cumberland County, citing a time frame issue, dismissed the case against the city earlier this year. He said Litalien had 30 days to file a lawsuit following the decision made by council, which he failed to do.

The goal of the injunction was to prevent the implementation of the parking plan prior to the installation of the parking kiosks at the parking lots.

“In the end, I’m grateful that the case was dismissed, because it made me look even closer to what the real problems are here,” Litalien said. “Our rights are being violated, and I think that this case makes that very clear.”

The city of Biddeford has 21 days from the day it was served to respond to the complaint, or, in this case, until June 14. Attempts to contact the city of Biddeford and its solicitor Keith Jacques were unsuccessful as of the newspaper deadline.

“I want this case to be litigated. I want to meet the city in court so we can reach the truth once and for all,” said Litalien. “I want answers.”

Contact Staff Writer Abigail Worthing at news@inthecourier.com.

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