Tag: non-consensual towing

Bloomington drops company’s public towing contract after son’s racist rant, but license for private tows could be granted

On Thursday, the city of Bloomington used a seven-day out clause in its contract with Ken’s Westside Service and Towing to terminate its contract with the company for public tows. Those are tows that are requested by city police, not private property owners.

2020-06-12 Screen shot Hamilton
Bloomington mayor John Hamilton in a screen grab of June 12, 2020 press conference conducted on Zoom. (Image links to closed-captioned YouTube video of the press conference.)

The company could still eventually be licensed by the city to do private tows, under the city’s new program regulating companies who do such work.

Termination of the contract for public tows was the city’s response to a self-recorded video of a racist statement posted online by the owner’s son, commenting on the Minneapolis police killing of George Floyd in late May. In the video, the son says: “That officer did us a favor… Ya’ll can hate me, do whatever…” In the video he’s wearing the company’s uniform shirt—he was an employee.

The officer to which the remark referred was Minneapolis police officer, Derek Chauvin, who on May 25 pinned Floyd down with a knee-on-neck hold for about nine-minutes, killing him, a scene that was caught on video. It was the event that prompted nationwide protests against police brutality, including the local Enough is Enough march last week and the BLM-sponsored Black Against the Wall Facebook discussion.

The owners of the company, Ken and Kathy Parrish, posted a statement on Facebook saying they had fired their son: “With a heavy heart I have dismissed my son of his duties here with us at Ken’s Westside.” Continue reading “Bloomington drops company’s public towing contract after son’s racist rant, but license for private tows could be granted” →

Public, private nonconsensual towing now squared up in Bloomington

In action taken Wednesday night at its regular meeting, Bloomington’s city council approved a change to local law that makes the fees match for two kinds of non-consensual towing.Cropped-No-Parking-Dunn-IMG_9764

Drivers who get their car towed, because city police ordered it, will now pay the same amount as drivers who get their car towed because they’ve parked it illegally on private property.

The new ordinance increases from $125 to $135 the total base fee that tow companies are allowed charge.

The new local law also requires authorized towing companies to release vehicles after payment of 20 percent of the total fees owed, if the owner signs an agreement to pay the remainder. The ordinance also clarifies that storage charges can’t be assessed until a vehicle has been in storage for at least 24 hours. Continue reading “Public, private nonconsensual towing now squared up in Bloomington” →

Court of appeals: Illegally parked car is an “emergency situation” under Indiana law

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The view to the east of the parking lot at the southeast corner of the intersection of 6th and Madison streets in downtown Bloomington, the former location of a Chase Bank drive-through (Dave Askins/Square Beacon)

A ruling issued by Indiana’s court of appeals this past week says that if a car without a permit is parked in a private permit-only lot, a towing company can tow the illegally parked car without waiting 24 hours, even if it’s the only car parked in the lot.

The court of appeals decision reversed a lower court ruling by Monroe County circuit court judge Elizabeth Cure. She had ruled that a car parked in a permit lot does not interfere with the business operations of a permit-only parking lot until “the point at which a permit holder cannot find a space due to the presence of a non-permit vehicle.”

The lawsuit was filed in June 2018 when a driver parked his 1999 Honda Accord in the empty parking lot at the southeast corner of 6th and Madison streets, which was previously a Chase Bank drive-through. Continue reading “Court of appeals: Illegally parked car is an “emergency situation” under Indiana law” →

Non-consensual towing companies in Bloomington now need a license

 

Councilmember Jim Sims was sponsor of the non-consensual towing ordinance.
Max Stryker, a tow company operator, addresses the city council on Feb. 19, 2020.
City attorney Mike Rouker answers a question at the city council meeting on Feb. 19, 2020.
The proposed new ordinance on non-consensual towing would require signs similar to these, which are already in place.

Beginning July 1 this year, companies that tow vehicles that are illegally parked on private property in Bloomington will need a license from the city to provide the service to property owners.

Bloomington’s city council voted unanimously at its regular Wednesday meeting to enact the new law.

Highlights of the law include a $350 annual license fee for tow companies that do non-consensual tows. Those companies can’t charge vehicle owners more than $135 for basic towing, $25 for use of a dolly, and $25 per day storage, to retrieve their towed vehicles.

Companies also have to offer vehicle owners the chance to pay 20 percent of their fees and sign a payment agreement for the balance.
Continue reading “Non-consensual towing companies in Bloomington now need a license” →

Tow me the money | Up for possible vote next week: Bloomington ordinance regulating companies that remove cars parked illegally on private property

Bloomington’s city council will have a proposed non-consensual towing ordinance back on its regular meeting agenda for continued consideration next week, on Feb. 19.

The proposed new local law establishes a licensing regime for companies that remove vehicles parked illegally on private property. An annual license would cost $350 a year.

On Wednesday, after three and a half hours of deliberations by the city council, in its guise as the committee of the whole, some likely differences emerged between the version of the ordinance that will be enacted, compared to the legislation that was first introduced on Jan. 15. Continue reading “Tow me the money | Up for possible vote next week: Bloomington ordinance regulating companies that remove cars parked illegally on private property” →

Bloomington city council’s “committee of the whole” to take second, maybe third try at non-consensual towing ordinance

Councilmember Jim Sims is sponsor of the non-consensual towing ordinance.
The proposed new ordinance on non-consensual towing would require signs similar to these, which are already in place.
Bloomington Police Department operations captain Scott Oldham tells the council that “no-pay” releases of towed vehicles are no longer ordered by BPD.

At its regular meeting last Wednesday, Bloomington’s city council voted to refer a new non-consensual towing ordinance to the council’s committee of the whole for a second time.

Wednesday’s referral to the committee of the whole means the new law regulating towing companies that remove vehicles parked illegally on private property will get further consideration on Feb. 12.  But it won’t get a vote to enact it on that day.

The procedural vote, to refer the legislation to the committee of the whole,  was split 7–2. That’s because councilmembers are not yet in alignment about how they want to use smaller, four-member committees, compared to the committee of the whole, in their legislative process.

It’s been a point of friction since the start of the year.

Some key features of the new law include a $350 annual license and a cap on fees charged to vehicle owners of $125 for the towing, $25 for any special equipment needed (like a dolly), and $25 per day for storage. As currently drafted, the law also requires an option for someone to get their vehicle released by paying 20 percent of fees with a signed payment agreement for the balance. Continue reading “Bloomington city council’s “committee of the whole” to take second, maybe third try at non-consensual towing ordinance” →

Question of standing committees delayed until late February by Bloomington’s city council, uncertain future next week for local towing law

On Wednesday night, Bloomington’s city council voted unanimously to postpone, until Feb. 19, council president Steve Volan’s resolution on establishing several council standing committees.

The unanimous vote on the postponement went smoother than the subsequent discussion of the council’s schedule for next week. That’s when an ordinance regulating non-consensual towing will appear on the agenda for a second reading.

The procedural options for the council’s Feb. 5 action on the towing ordinance include rejection, adoption, postponement, or referral to an ad hoc committee.

On Wednesday, council attorney/administrator Dan Sherman wanted direction from councilmembers on how to portray the towing ordinance item on the the Feb. 5 agenda.

Sherman’s question was resolved by the council in favor of an agenda note. The note will indicate that public commentary will be heard on the towing ordinance, but will also state that the ordinance might be referred to a committee. Continue reading “Question of standing committees delayed until late February by Bloomington’s city council, uncertain future next week for local towing law” →

Bloomington’s new non-consensual towing ordinance to get more scrutiny, possible revisions before adoption by city council

The proposed new ordinance on non-consensual towing would require signs similar to these, which are already in place.
The proposed new ordinance would require signs similar to these, which are already in place.
The proposed new ordinance would require signs similar to these, which are already in place.
At the public podium on Jan. 22, 2020 is tow company operator Martin Poteat. Seated are city attorneys Mike Rouker and Jennifer Lloyd.
At the public podium on Jan. 22, 2020 is local attorney Mike Carmin.

On Wednesday night, the Bloomington city council’s committee of the whole voted 0–8 on a recommendation to adopt a new non-consensual towing ordinance . That doesn’t kill the legislation.

But the implication of the 0–8 tally is that the council is almost certain to postpone consideration of the new local law, when it appears for a second reading on its Feb. 5 regular meeting agenda. Continue reading “Bloomington’s new non-consensual towing ordinance to get more scrutiny, possible revisions before adoption by city council” →

Bloomington city council tees up new local law to regulate non-consensual vehicle towing

If you leave your car in a private lot where you’re not allowed to park, you risk getting your vehicle towed at your own expense. That’s not really news—for Bloomington or any other place.

What is new for Bloomington is a proposed ordinance to regulate companies that provide towing service to parking lot owners. Such companies would have to pay the city $350 a year for a “non-consensual tow business license” and face, on first offense, a $2,500 fine for failure to obtain a license.

The $350 license fee is the same as what a one-year license cost for mobile food vendors in Bloomington, according to the staff memo in the city council’s information packet.

The ordinance will get a first reading next Wednesday night, which means no debate and no final action will be taken on it at that meeting. At most, the council could refer the proposed ordinance for consideration by its committee of the whole on the following Wednesday or some other time in the future. Continue reading “Bloomington city council tees up new local law to regulate non-consensual vehicle towing” →