By Josh Richman
Friday, January 4th, 2013 at 12:39 pm in campaign finance.
Corporate personhood takes a new leap forward Monday as a Marin County motorist challenges his traffic ticket by arguing it was OK to drive in the carpool lane because his corporation was with him.
Jonathan Frieman, a local activist and nonprofit consultant, was ticketed Oct. 2 for driving in the carpool lane during restricted hours; the officer apparently wasn’t impressed when Frieman showed him his incorporation papers. A traffic court hearing is scheduled for Monday afternoon.
The fine for such a violation is $478, but Frieman, 59, of San Rafael, says that if the court rules against him Monday, he’s prepared to appeal the case all the way to the California Supreme Court in an effort to expose the impracticality of corporate personhood.
Corporate personhood, of course, has been at the heart of the ongoing debate over campaign finance ever since the U.S. Supreme Court’s 2010 Citizens United ruling unleashed a torrent of corporate contributions.
“Corporations are imaginary entities, and we’ve let them run wild,” Frieman said in a news release. “Their original intent 200 years ago at the dawn of our nation was to serve human beings. So I’m wresting back that power by making their personhood serve me.”
California Vehicle Code section 470 defines a “person” as “a natural person, firm, copartnership, association, limited liability company, or corporation.” Section 21655.5, under which Frieman was cited, states that “no person shall drive a vehicle upon lanes except in conformity with the instructions imparted by the official traffic control devices.”
Ford Greene, Frieman’s attorney and a San Anselmo councilman, said the Vehicle Code makes “person” and “corporation” equivalent, so “when a corporation is present in one’s car, it is sufficient to qualify as a two-person occupancy for commuter lane purposes. When the corporate presence in our electoral process is financially dominant, by parity it appears appropriate to recognize such presence in an automobile.”