City of New York, NYPD Commissioners Facing Class Action Over Allegedly Unlawful NYPD Boot-and-Tow Policy

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A proposed class action claims the City of New York and three current and former New York Police Department (NYPD) commissioners are liable for the law enforcement agency’s allegedly unconstitutional boot-and-tow policy.

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According to the 18-page suit, the defendants have failed to address the NYPD’s allegedly illegal policy of towing vehicles within approximately two hours after they’ve been booted without providing the owner a reasonable opportunity to avoid the towing.

City law “clearly” guarantees individuals the opportunity to avoid the towing of a booted car by paying the boot fee at the spot where the boot is affixed or by challenging the boot during an immediate hearing at the Parking Violations Bureau, the case explains.

However, NYPD’s policy “completely ignores” these provisions and instead forces vehicle owners to travel to the tow pound and pay the boot fee in-person, the complaint states. In addition, the two-hour timeframe owners are given to obtain a hearing at the Parking Violations Bureau in order to challenge the boot or towing is “utterly insufficient,” the filing alleges.

“[T]he procedure afforded by the NYPD for avoiding a tow and tow fee was designed to collect both a boot fee and tow fee in a most substantial [sic] number of, if not virtually all, booting situations,” the lawsuit claims, adding that the process is “not only unlawful, it is unreasonable as it does not afford a real possibility of avoiding the towing and having to pay a tow fee, let alone challenging the booting before the vehicle is towed.”

The suit further argues that the boot-and-tow policy constitutes a warrantless seizure and excessive fine in violation of vehicle owners’ constitutional rights.

“Two penalties imposed for the same alleged violation within two hours of one another are excessive and unjustified because the vehicle owner is not afforded a reasonable possibility to pay the first penalty (the boot) before the second one (the towing) is imposed,” the case contends.

On April 3 of this year, the plaintiff, a Brooklyn resident, was issued a notice of a parking violation, the complaint says. Per the filing, the man’s car was booted minutes later, and a warning form was placed on his windshield explaining that he had two hours to pay a $185 boot fee at the tow pound located in Brooklyn, otherwise, his vehicle would be towed there for an additional $185 charge.

The plaintiff’s car was towed, and after collecting it from the tow pound, he was “surprised” with extra storage fees that brought his total charges to $499.80, the suit relays.

“NYPD’s policy is a conscious and calculated choice by the NYPD, the City of New York and/or the [current and former NYPD commissioners] … who, during all relevant time periods hereto, have ignored the possible lawful alternatives to enforce New York City’s parking regulations without trampling on the constitutional rights of motor vehicle owners,” the case scathes.

The lawsuit looks to represent anyone whose motor vehicle was booted by the NYPD or an agent thereof since August 16, 2020 and who was not given a reasonable opportunity to pay or challenge the booting fee and have the boot removed without leaving their vehicle’s vicinity, was not given any other reasonable method of avoiding towing, and was damaged by having to pay a booting or towing fee and/or possibly storage costs, penalties and interest.

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