A private towing business has filed a lawsuit against the city of Bowling Green, alleging an existing ordinance that regulates fees for towing services is unconstitutional.
The challenge comes as the city commission voted unanimously Tuesday night to amend the ordinance to be more restrictive. A second vote is needed for final passage.
Local law currently allows towing companies to charge up to $175 to retrieve a vehicle, plus a $25 after-hours fee. The ordinance caps a boot removal at $100 and permits a $10 processing fee for credit card payments.
The latest proposal lowers the maximum retrieval fee to $125 and but if the owner arrives as their vehicle is being towed, the charge drops to $75. The amended ordinance eliminates the after-hours fee. Boot removal is capped at $50 and credit card fees are lowered to $5.
Fountain Square Towing contends state and federal law don't allow local governments to regulate prices for private industry.
The ordinance is "a restriction on free enterprise and therefore constitutes a taking of property and/or a violation of due process," the lawsuit reads.
Fountain Square Towing is represented by attorney Alan Simpson who’s challenging both the existing and proposed amendment to the ordinance.
“It is quite a slippery slope," Simpson told WKU Public Radio. “If this is allowed, they could set rates for car washes, haircuts, nail salons, lawn mowing, you name it. They could try to affect commerce, and that’s just illegal.”
The owner of Fountain Square Towing is Brian “Slim” Nash, a former Bowling Green city commissioner. His business has drawn opposition from some members of the public who allege predatory towing and price gouging.
But Simpson argues the city commission, over the past two years, "has been on a crusade to target Mr. Nash's business."
"This is a property rights issue for people who own the land. They post signs, 'Do not park here.' Then people feel so entitled that they park there anyway and when they get their car towed, they lose their minds," Simpson said. "They go to social media and complain about Fountain Square Towing when all Fountain Square Towing is doing is living up to their contractual obligations with the people who own the land."
The lawsuit is seeking permanent injunctive relief that prohibits the city from regulating the prices that the plaintiff may charges for its services.
Mayor Todd Alcott didn’t return a call seeking reaction to the lawsuit, and City Attorney Hillary Hightower said through a spokesperson that she had no comment.
