The Rutherford Institute filed suit in federal district court yesterday against the city of Charlottesville. The suit was filed on behalf of Harry Weinschenk, owner of Express Car Wash on Route 29 north, who, according to the Rutherford institute, was unjustly deprived of income when his business was shut down due to drought-induced water restrictions last fall.
The Rutherford institute is a civil liberties organization that provides free legal services in cases involving constitutional or human rights issues.
When the city instituted phase II water restrictions in September, they prohibited all car washing, both private and commercial. The city then warned Weinschenk against washing cars in violation of the city's restrictions. As a result, Express Car Wash was forced to close for almost three months, losing approximately $60,000, according to the suit.
Other types of business were asked to reduce their water usage by 20 percent, but were not forced to close.
The law suit asks the court to declare the city's restriction unconstitutional and to award compensation for the business Weinschenk lost.
According to Rutherford Institute president John Whitehead, the city's restrictions amounted to unlawful taking of property and violated the tenets of equal protection.
It is unlawful "to punish car washes because of the unreasonable perception that car washes use more water," Whitehead said, "The city should have researched this before enacting measures that almost put this man out of business."
All of the car washes in Charlottesville together use less than one percent of the city's water. Hotels and motels use four percent, he said.
The suit named the Charlottesville City Council, the City Manager, the Public Utilities Manager and the Director of Public Works.
Defendants hadn't had a chance to look at the suit as of press time.
"We cannot comment on a law suit that we have not received," City Director of Communications Maurice Jones said.
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