Woman assessed ‘cursing fee’ after car towed
An Alabama woman was assessed a $150 for cursing at the tow truck driver who was towing her car, nearly doubling her fee.
The owner of the towing company says that he will consider a partial refund if she apologises.
She says she was not the one cursing. Does the owner of the towing company have to prove she was in order to collect the fee? Or is he counting on her not wanting to go to court over $150?
IANAL but I can’t imagine that the law or ordinance that allows the towing company to removea car for being parked illegally also allows them to assess additional fines for cursing.
I hope she does take it to court, because even if it’s only $150, it’s ridiculous.
Most towing services are scum… However, this could have been avoided by not parking illegally.
Typically, the law sets a maximum fine – that is, the towing company is permitted to charge $400 per car towed, and $30 per day storage.
I know of no legal reason a towing company under that scheme could not charge $400 per car towed, but reduce that to $250 if the owner doesn’t curse at them.
OK, thank you for the explanation. If they’re within their rights, then practically speaking she’s better off just paying the fine.
That makes sense but I don’t understand what 's the incentive for a tow company to offer a no-cussing discount. Why not always charge the maximum?
I don’t know. Legally speaking, sure, but since she’s already willing to make a news item out of it, I think she’d be best off championing freedom of speech as a moral concept and getting donations.
Also, Bricker, as a layman, I can see the argument that they are acting as a sort of police force, enforcing the no parking laws, and thus are subject to the First Amendment. Why would this not work? And is there any case where a similar argument would work?
Not answering for Bricker, but although the 1st AM can bind a private entity, there is not enough close NEXUS between the two to be considered state action on the tow drivers part.