Whitfield v. City of Atlanta, 296 Ga. 641

Whitfield's car was booted in a private parking lot in Atlanta reserved for a dry-cleaning business; he sued the City of Atlanta and Secure Parking Enforcement, LLC (SPE).
Whitfield sought (1) a declaration that the City ordinance authorizing vehicle immobilization (booting) is unconstitutional and (2) alternatively, damages equal to the $75 boot removal cost, claiming signage failed to meet ordinance specifications.
The City moved to dismiss; the trial court granted the City’s motion and dismissed the City from the suit.
The trial court struck SPE’s answer after SPE (a nonlawyer owner) failed to obtain counsel, entered default judgment against SPE for $75 plus costs, and rejected Whitfield’s constitutional challenge on the merits.
On appeal Whitfield challenged both the dismissal of the City and the trial court’s determination that the ordinance was constitutional. The Supreme Court of Georgia reviewed whether the ordinance had been properly alleged and proven and whether the City’s dismissal was proper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the vehicle immobilization ordinance could be adjudicated	Whitfield argued the ordinance authorizes booting and is unconstitutional; he quoted a section on signage in his unverified complaint	City contended the complaint failed to state a claim (and the ordinance was not properly before the court)	Court held ordinance was not properly presented in the record (no copy or certified copy); superior court erred in deciding constitutionality; that portion of judgment vacated
Whether the City’s dismissal should be reversed	Whitfield argued City’s dismissal was improper because the ordinance’s validity was at issue	City argued dismissal was proper for failure to state a claim	Court affirmed dismissal under the right-for-any-reason rule because Whitfield failed to plead/prove the ordinance, so City had no stake in litigation
Whether damages against SPE were improper due to procedural defects	Whitfield recovered $75; SPE argued procedural issues (appeal not raised by plaintiff)	SPE had its answer struck for failing to obtain counsel; default judgment entered	Court did not disturb the default judgment against SPE; affirmed that portion of judgment

Thorsen v. Saber, 288 Ga. 18 (2010) (ordinances must appear in the record and be proved by certified copy before courts may consider them)
Strykr v. Long County Bd. of Commrs., 277 Ga. 624 (2004) (refusing to consider constitutional challenge to ordinance not pled and proven)
Leger v. Ken Edwards Enters., Inc., 223 Ga. 536 (1967) (uncertified copy of ordinance attached to pleadings insufficient to prove existence of ordinance)
Police Benevolent Assn. v. Brown, 268 Ga. 26 (1997) (affirmance permitted where judgment is right for any reason)