New York City likes to get fees for booting cars. And it likes to get fees from towing cars. And it has set up its system so that car owners often cannot avoiding paying both. In doing so, the City has violated the Constitution and New York City’s own laws. That’s the basic claim in the class action KL has filed against the City.
Specifically, the lawsuit challenges the New York Police Department’s policy of requiring car owners to travel to a tow pound in either the Bronx, Brooklyn, or Queens, as designated in the notice on the car provided with the boot, within two hours of the booting or have to pay both a $185 boot fee and a $185 towing in order to get their car back. KL’s lawsuit alleges that this policy violates New York City Administrative Code § 19-169.2(h), which requires that the vehicle owner be permitted to pay any charge for booting at the location where such vehicle was booted, and also 34 TRCNY §4- 08(9)(v), which requires that a vehicle owner whose vehicle is booted be afforded a reasonable opportunity to challenge the imposed boot fee prior to the towing. The case further claims that this NYPD policy violates the Fourteenth, Fourth and Eighth Amendments to the United States Constitution. The Locks Law Firm is co-counsel with KL on this case. A copy of the Complaint can be found here.