Class Action Challenges Knoxville's Towing Practices

December 20, 2000, 4:00PM

KNOXVILLE, TENN.- According to the enclosed lawsuit filed in Federal Court today, John Lee alleges that his car was illegally towed, that he was denied due process in order to obtain release of his car, and seeks class action status to hold Knoxville's towing policies and practices unconstitutional.

"Judge Taylor, twenty-one years ago, held Knoxville's towing policies unconstitutional," said attorney David C. Lee. "Knoxville's ordinances require money before a hearing. This, we allege, is unconstitutional." He is referring to Hale v Tyree, 491 F.Supp. 622, E.D.Tenn., Nov 15, 1979 in which Judge Taylor wrote:

"The Court concludes that the Ordinance is unconstitutional insofar as it does not provide for a hearing by a neutral official before payment of towing and storage fees, and insofar as it provides for summary seizure of abandoned vehicles which are not blocking traffic."

The complaint specifically quotes the officer who had the car towed as saying:

"There's a car in the alley but it's not blocking anything. You can pass all the way through there .... I was down there. There's a guy in his little orange service truck and he advised there was no problem. I'll be back around."

These comments were made via a publicly recorded radio discussion at about 3 AM. on Saturday morning, January 15, 2000. Plaintiff formally asked City Council for a hearing three times, and never obtained a hearing. Sutherland Avenue Wrecker Service continues to hold plaintiffs' car.