Friday, September 02, 2005

$afeClear Stalled..... somebody call a tow truck...

Yesterday, US District Judge Kenneth Hoyt ruled that we, the citizens were right all along. $afeClear really IS about money, it is NOT about safety, and as such two KEY provisions of the ordinance are null and void.
Quoting from the Chronicle Story:

Hoyt ruled that city regulation of the towing-industry prices is pre-empted by federal law unless the effort relates to safety and doesn't have an unfair economic impact on the operators.

Once motorists chose to have their vehicles taken on a longer trip, they are removed from the freeway and the safety concern no longer exists, Hoyt ruled.

He also held that the exclusive contracts were driven by economics and not safety.

This means that ANY tow truck can tow you, not just the 11 companies that have contracts with the city, This also means that the city cannot regulate the prices they charge because once they are off the freeway, the safety concern is over. And further, that the exclusive contracts were anti-competitive. without that income stream, the free tows, which since the exclusive contracts went into effect were often EXTREMELY SLOW IN COMING, will dry up because the city can't pay for it.


Blogger ttyler5 Editor said...

Good Heavens! A sane ruling from a federal judge?

What will happen when word of this leaks to the legal community?

September 05, 2005 4:42 AM  

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