Lil’ Man in the Boat, Inc. v. City and County of San Francisco, California, et al.

Pursuant to the Rivers and Harbors Act, Congress provided that “No taxes, tolls, operating charges, fees, or any other impositions whatever shall be levied upon or collected from any vessel” by any “non-Federal interest” for use of navigable waters under the authority of the United States, subject to specific provisions authorizing defined categories and limits on charges. 33 U.S.C. § 5(b). Notwithstanding that prohibition, and notwithstanding the provisions of 42 U.S.C. § 1983 providing a right of action for the deprivation of rights protected under the Constitution and federal statutes, the Court of Appeals for the Ninth Circuit concluded that any vessel assessed a fee or obligations in violation of the Rivers and Harbors Act has no right of action by which to obtain relief for costs and impositions upon it by a non-Federal entity. The questions presented under this Petition are:

1. Whether an action can be maintained under 42 U.S.C. § 1983 for a violation of a Constitutional provision or federal statute by an entity protected by statute in its terms, here 33 U.S.C. § 5(b) enacted to codify congressional intent as to enforcement of the Tonnage Clause and Commerce Clause.

2. Whether a vessel operating in navigable waters of the United States that is assessed fees and obligations by a state or local government in violation of 33 U.S.C. § 5(b) may seek relief for that violation in court.