Fionne X. Tucker was convicted at a bench trial of several weapons offenses
I.
The TWA makes it unlawful to operate or park a motor vehicle on a public street or space in the District if the vehicle has “[a] front windshield or front side windows that allow less than 70% light transmittance,” or “[a] rear windshield or rear side windows that allow less than 50% light transmittance.” D.C.Code § 40-718.1(a). The statute contains the following exemptions:
(h) Limousines, ambulances, buses and hearses, meeting the requirements of 18 DCMR 413.10, church-owned vehicles, and all official government vehicles, shall be exempt from the requirements of this section.
(i) Nothing in this chapter shall be construed to modify or affect any federal law concerning the window tinting of motor vehicles that is applicable to manufacturers, importers, dealers, or motor vehiclerepair businesses for new or used motor vehicles and equipment.[ 3 ]
Tucker asserts that the “classification exempting expensive cars from tint prohibitions” constitutes an irrational “disparity based on wealth,” in violation of equal protection
To sustain his claim of unconstitutionality, Tucker must cany a heavy burden. “Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a reasonable doubt.” Hornstein v. Barry,
Where a statutory classification is alleged to contravene equal protection principles, and where, as here, the statute does not implicate a fundamental right or a suspect class,
Where the validity of a statute is considered under the rational basis standard, the government is not obliged to place in the
Finally, the Supreme Court has held that state and local governments may implement their regulatory programs “step by step” and may enact legislation that “only partially ameliorate[s] a perceived evil and defer[s] complete elimination of the evil to future regulations.” New Orleans v. Dukes,
II.
The TWA was enacted on August 26,1994 in order to protect public safety. Council of THE DISTRICT OF COLUMBIA, COMMITTEE ON Public Works and the Environment, Report on Bill No. 10-422, The “Motor Vehicle Tinted Window Amendment Act of 1994” (May 23,1994) (hereinafter Committee Report). The legislation was deemed necessary because:
According to the Metropolitan Police Department, deeply tinted windows on motor vehicles impair a driver’s vision and contribute to accidents of all kinds. Deeply tinted windows also threaten police personnel when they approach vehicles after making traffic stops, because the officer is unable to see into the motor vehicles and detect any dangerous situations. Additionally, deeply tinted windows hinder the proper identification of suspects who commit crimes and flee behind the safety of motor vehicles with deeply tinted windows.
Committee Report, at 1.
Tucker does not claim that the TWA fails to serve a legitimate government interest. Instead, he asserts that there is no rational basis for excluding from the proscriptions of the Act limousines and vehicles which are in compliance with relevant federal laws.
The legislative history of the statute does not disclose the Council’s rationale for excluding limousines from coverage,
The TWA also states that its provisions should not be construed to modify any federal law concerning window tinting of motor vehicles. D.C.Code § 40-718.1(i). As we understand the uncontradicted testimony of Sergeant Soulsby, this exemption applies to vehicles that satisfy the NHTSA’s tinting standards. Such a provision is plainly rational, for it avoids any potential interference with interstate commerce that might arise if the District indirectly imposed more restrictive requirements on the automobile industry than the federal government does.
Here, the State’s legitimate objective, to protect the police and the public, is well established. It is apparent that any law which would prohibit vehicles registered in other jurisdictions from having tinted windows may run afoul of the interstate-commerce provisions of the Constitution. Accordingly, the legislature has chosen to avoid that possibility by limiting the law’s application to Illinois vehicles. This decision is a reasonable one. The equal-protection provision invalidates only those enactments that are arbitrary, unreasonable, and unrelated to the public purpose sought to be attained. We find no such difficulties with the current provision.
Id.
Here, as in People v. Hagen,
For the foregoing reasons, the judgment appealed from is hereby
Affirmed.
. See D.C.Code §§ 22-3204(a) (1996) (carrying a pistol without a license); 6-2311(a) (1995) (possession of an unregistered firearm); 6-2361(3) (possession of ammunition for an unregistered firearm).
. Tucker did not raise in his motion to suppress evidence his contention that the TWA discriminates on the basis of wealth, although he did make the point briefly during the oral argument of the motion. Arguably, Tucker did not adequately preserve the issue and, if that is so, then our review of the constitutionality of the statute is entirely discretionary. See In re S.K.,
. Sergeant Rodney Soulsby of the Metropolitan Police Department (MPD), who has trained MPD officers in the enforcement of the TWA, was called as a witness by the defense. Sergeant Soulsby testified that the statute exempts "multipurpose vehicles,” such as "the Nissan Pathfinder, mini-vans, Chevy Suburban,” and any vehicle that has a "darker tint of glass" approved by the National Highway Traffic Safety Administration (NHTSA). Although his testimony on the point was not altogether clear, it appears that Soulsby's assertion that multi-purpose vehicles are exempt was predicated on his understanding of Section 40-718.1(i).
. Unlike the Fourteenth Amendment, which is applicable to the States, the Fifth Amendment, which applies, inter alia, to the District of Columbia, contains no Equal Protection Clause. The Supreme Court has held, however, that the Fifth Amendment’s Due Process Clause embraces equal protection principles. Bolling v. Sharpe,
. Although Tucker appears to be alleging discrimination based on economic status, that claim does not affect the applicability of the "rational basis” standard. See, e.g., San Antonio Indep. Sch. Dist. v. Rodriguez,
Discrimination based on economic status is subject to constitutional challenge, if at all, where it denies impoverished citizens important rights. See, e.g., Griffin v. Illinois,
. As we have noted previously, no such legislative disclosure is required. See Beach Communications, Inc., supra,
. During oral argument of the motion, the judge asked Tucker's attorney if he had ever heard of a limousine being used in a drive-by shooting. After making a facetious reference to Prohibition violence in the 1920’s, counsel acknowledged that “I’ve never heard of it.”
. Tinted window statutes in other jurisdictions contain comparable provisions exempting limousines. See, e.g., N.C. Gen.Stat. § 20-127(c)(7) (1996); Miss.Code Ann. § 63-7-59(2) (1997); Me. Rev.Stat. Ann. tit. 29-A, § 1916(2)(B)(3) (West 1996).
. The District is not alone in providing such an exemption. See, e.g., 75 Pa. Consolid. Stat. § 4524(e)(2)(ii) (1997); Utah Code Ann. § 41-6-149(7) (1996); Tenn.Code Ann. § 55-9-107(a)(6) (1996); Idaho Code § 49-944(5) (1996); Ky.Rev. Stat-Ann. § 189.110(12) (1997).
. The government argues that, even if the TWA were unconstitutional — a proposition which the government vigorously disputes — the motion to suppress was properly denied. The government relies on Illinois v. Krull, supra note 2, in which the Supreme Court held that the exclusionary rule does not apply to evidence obtained by police officers who acted in objectively reasonable
. Tucker also contends that the officers' seizure of the pistol and the ammunition after the vehicle had been stopped was in violation of the Fourth Amendment. Following the stop, however, the officers smelled marijuana in the car, and the driver told them that "we,” apparently meaning he and Tucker, had smoked all of the marijuana. The officers therefore had probable cause to believe that both men had engaged in criminal conduct, i.e., the unlawful possession of marijuana in the officers’ presence, see D.C.Code § 23-581(a)(1)(B) (1996); Minnick v. United States,
