Bowling Green Towing Company Challenges City Fee Cap

A Bowling Green towing company has filed suit against the City of Bowling Green, challenging a local ordinance that caps what private tow operators may charge.

Fountain Square Towing and Recovery LLC filed the complaint Monday in Warren Circuit Court, seeking to block enforcement of Ordinance No. 15-6.05. The law limits towing fees to $175, including the first 24 hours of storage, and sets caps on daily storage, after-hours gate fees, booting charges and other services. It also requires operators to accept multiple forms of payment.

Attorney Allen Simpson, representing the company, said the city lacks authority to regulate towing rates and warned officials the ordinance would be challenged. The lawsuit argues that Kentucky Revised Statutes Chapter 281 governs towing statewide and preempts local rate-setting. It also cites the federal Aviation Administration Authorization Act of 1994, which restricts local regulation of motor carrier prices and services.

The company claims the ordinance violates constitutional protections and could threaten jobs.  Source: https://www.wbko.com