Yakuza Boss Sues Expressway Operators Over ETC Card Discrimination
A Japanese court dismissed a lawsuit from a crime syndicate member seeking toll road access.
1Legal Challenge Against Restrictions
A senior member of a Japanese organized crime group filed a lawsuit against expressway operators, including NEXCO East. The plaintiff claimed that being denied access to the ETC electronic toll collection system constituted illegal discrimination. He argued that these restrictions unfairly hindered his freedom of movement across the country’s private road network.
2The 2011 Legislative Shift
Since 2011, Japanese law has prohibited companies from entering into contracts with known members of organized crime syndicates. This legislation forces individuals to declare their affiliation when signing up for services like mobile phones or credit cards. Consequently, yakuza members face significant barriers in accessing modern, cashless subscription-based financial services.
3Application Denial and Lawsuit
In July 2023, the plaintiff attempted to apply for a special ETC Personal Card, which functions without a standard credit card. He intentionally bypassed the mandatory disclosure checkbox regarding organized crime affiliation. One month later, his application was officially denied, prompting him to take the matter to the Fukuoka District Court.
4Court Ruling on Freedom
On November 10, Judge Masakatsu Tange dismissed the lawsuit, ruling that the restrictions on the plaintiff’s rights were minor. The court noted that expressways are optional, as alternative routes exist throughout Japan. While the plaintiff faces inconvenience, the judge determined that his fundamental ability to travel remains largely intact despite the denial.
5Societal and Legal Context
Public sentiment largely supports these exclusionary measures, viewing them as a necessary tool against criminal organizations. Critics of the plaintiff argue that he lacks credibility, given his own disregard for the law. Many believe that individuals choosing a life of crime should accept the resulting bureaucratic and social consequences of their actions.
6Technological and Financial Barriers
The transition to cashless systems has isolated many syndicate members who cannot open bank accounts or sign contracts. Some members are forced to rely on outdated technology, such as older mobile phones, because they cannot enter new service agreements. This systemic exclusion is a deliberate outcome of the 2011 anti-crime legislation.
7Constitutional Exceptions for Rights
Despite strict prohibitions, Japanese law provides specific exceptions for essential services. Access to legal counsel is a constitutional right, allowing crime groups to contract with attorneys. Similarly, medical care remains accessible as a guaranteed service. However, these exceptions do not extend to commercial conveniences like private expressway toll cards or property purchases.
8Bureaucracy as a Deterrent
The case highlights how passive-aggressive bureaucratic measures effectively marginalize organized crime members in modern Japan. By restricting access to essential financial and infrastructure services, the state creates significant operational hurdles for syndicates. This legal framework demonstrates that administrative barriers can be as impactful as direct criminal prosecution in curbing syndicate activities.
Original article: SoraNews24 — Yakuza Boss Sues Expressway Operators Over ETC Card Discrimination