A senior yakuza member who sued expressway operators for discrimination had his case dismissed on 10 November, when a Fukuoka District Court judge ruled that losing access to toll roads barely restricts his rights because the roads are optional.
Judge Masakatsu Tange handed down the ruling, according to SoraNews24. The plaintiff had argued that the exclusion hindered his freedom of movement.
Japan has tightened its dealings with organized crime since 2011, when a law barred companies from entering into contracts with known gang members. Phone and point-card applications now ask applicants to declare whether they belong to such a group.
The shift from cash to cashless subscriptions has squeezed gang members further. Privately owned expressways are moving the same way: all toll booths are expected to stop taking cash in favor of the ETC card system by 2030.
A crossed-out checkbox
An ETC card links to a car and is read automatically at expressway entrances and exits, with the toll billed to the account. Signing up works much like applying for a credit card, which yakuza members cannot get.
The suit said the plaintiff applied in July 2023 for a special ETC Personal Card, a version that does not require a credit card. The form carried a checkbox to be marked by applicants who belong to an organized crime group. He crossed out that section and filled in the rest properly. A month later he was told the application had been denied.
In dismissing the suit, the court found that the restrictions on his rights and freedoms were very minor. Expressways are optional in Japan, and similar routes reach anywhere in the country. Their main advantage is the absence of traffic lights, which usually means a faster arrival than on city streets.
Online comments on the case largely sided with the court. "Just walk then," one read. "They're free to leave that life behind, aren't they?" another said.
What the exclusion law does not cover
The 2011 law closed off bank accounts and much else to gang members, though many people open accounts young, likely before entering a life of crime. Hiring a lawyer remains a constitutional right that cannot be denied, and crime groups may contract with attorneys as an exception. The same guarantee underlies their access to medical care, and public utilities cannot refuse service by law.