Council votes to appeal towing ban

The Chapel Hill Town Council voted Wednesday to appeal a court decision blocking its towing ordinance — furthering a three-month legal battle about towing practices in the town.

The council unanimously voted to appeal the Aug. 2 ban, which prevents Chapel Hill from regulating towing practices.

The council will officially take the ban to the N.C. Court of Appeals in a few days, Mayor Mark Kleinschmidt said. If the court rules in the council’s favor, the ordinance will be reinstated.

The council also voted 6-3 to appeal a injunction on a controversial cellphone ban that disallowed the use of hand-held or hands-free devices while driving.

Kleinschmidt said the fate of the towing ordinance could have a large impact on many other cities throughout the state.

“This order has such broad, far-reaching effects that go way beyond the borders of Chapel Hill,” he said.

“What is the town’s authority when it comes to towing?

“What is the state’s authority in giving us the authority to regulate towing?”

In May, George King, owner of George’s Towing & Recovery, successfully sued the town, stating that both ordinances were unconstitutional.

The council passed the ordinance in February in response to a rising number of complaints of aggressive towing policies. Many said they were unfairly towed after parking at a business’s lot and walking off of it, which is illegal in some downtown lots.

The ordinance limited towing fees to $125, required towing companies to accept credit cards and ensured adequate signage alerted customers of the walk-off policy.

Thomas Stark, King’s attorney, said he was surprised by the council’s response to the lawsuit.

Stark said regulating commerce through local laws is unconstitutional in North Carolina.

“I thought they would pursue a political alternative rather than a legal one,” Stark said.

Superior Court Judge Orlando Hudson agreed in his Aug. 2 decision.

Since the ordinance was overturned, the council has received several complaints about high fees.

But Stark said George’s current rate of $180 is reasonable, given the high costs of maintaining their equipment.

“They based their price based on the price of operation,” he said.

Stark added that towing is more effective than booting cars because it removes the car from the space.

“It’s really the only way to deal with that situation when someone decides they’re going to take that parking space for their own use,” he said.

Chapel Hill resident Steve Gallagher, whose car was towed Tuesday from Panera Bread on Franklin Street, said he wants businesses to work with towing companies to give customers more time to return to their car if they do walk off the property.

“I would like Panera or anybody contracted with a (towing) company to reconsider their policy,” he said.

Kleinschmidt said the high towing fees need to be reduced, though he recognizes the need for business owners to regulate their parking in a town with such little space.

“In a community like ours … private lot owners are going to want their spaces reserved for customers of their businesses,” he said.

“If you’re coming to visit me in my home, you’re not going to park in my neighbor’s driveway and then walk over to my house to visit me.”

Contact the desk editor at city@dailytarheel.com.