Spokane sued over towing policy

A federal lawsuit over an obscure police policy could require the city of Spokane to pay back untold amounts of money to offenders caught driving on suspended licenses.

A Spokane man sued the city this week in U.S. District Court claiming it was unconstitutional for the Spokane Police Department to automatically tow any cars operated by drivers with suspended licenses.

“The city has violated and continues to violate state law, municipal ordinances, and the state and federal constitutions by adopting and pursuing a mandatory impoundment policy in these circumstances,” wrote attorneys Breean Beggs and John Sklut of the Center for Justice.

Police spokesman Cpl. Tom Lee acknowledged that the city once had a mandatory tow policy. But he said that policy was changed a couple of years ago to give full discretion to the officers, such as allowing a properly licensed passenger to drive the car home.

“I arrested one myself two weeks ago,” said Lee, referring to a suspended driver. “The woman lived about six blocks away. I told her, ‘You can call a licensed driver to come get it or walk home.’ “

Lee said he could not comment on the lawsuit in which the plaintiff’s attorneys are seeking to have a judge certify the lawsuit as a class action, which would require the city to repay the incurred costs for anyone who had their vehicles “unlawfully” impounded.

Those costs include the fees for retrieving the towed vehicles, paying for when the drivers couldn’t use their cars and compensation for vehicles that were sold at auction before the owners could raise enough money to pay the towing fees and redeem the vehicles from the tow company, according to the suit.

Pam Schroeder, the risk manager for the city, said Thursday that she was not aware the lawsuit had been filed. “I’ve not seen it. I can’t talk about it if it’s an open claim.”

Beggs and Sklut were out of town Thursday and Friday and could not be reached for comment.

But in the suit they filed on behalf of Spokane resident Arthur Thomas, the lawyers wrote that the city has been denying drivers’ constitutional rights because the policy does not allow for due process, such as allowing the suspended driver to call a licensed spouse or family member to retrieve the car before it was towed.

The suit also names Evergreen State Towing, a tow operator that removes, stores and disposes of impounded vehicles, as a defendant in the suit.

Ken Meyers, manager of Evergreen State Towing, said he, too, was unaware of the lawsuit but said his employees simply follow police instructions when they impound cars owned by suspended drivers.

On average, his business auctions off about 10 cars a month from suspended drivers, Meyers said. Evergreen is one of 33 towing companies that do business with the city on a rotation basis.

According to the lawsuit, the Spokane Police Department in 1998 changed its policy from “arresting officer may take custody” of an impounded vehicle and replaced that language with “the vehicle is subject to impoundment,” Beggs and Sklut wrote.

“This impound law was interpreted by the Spokane Police Department as requiring mandatory impoundment of all vehicles when persons are arrested for driving” on a suspended license, the suit states.

However, a similar policy by the Washington State Patrol was challenged in court, and on Dec. 12, 2002, the Washington Supreme Court held that the WSP policy exceeded the agency’s authority “because it removed the officers’ ability to use discretion consistent with constitutional requirements,” the suit states.

“Contrary to these precedents, the City of Spokane adopted and on information and belief, has continued to pursue a mandatory impoundment policy and practice since at least August 2000,” Beggs and Sklut wrote. “The existence of this policy is confirmed by City of Spokane Police Department memoranda.”

Lee said the department was aware of the 2002 ruling from the WSP lawsuit. At about the same time, officers were having trouble getting accurate information from the Washington State Department of Licensing during traffic stops. For instance, some license checks were coming back as suspended even though the drivers had their licenses reinstated.

“For a period, we didn’t tow anything,” Lee said, referring to the unreliable computer checks. “At some point after that, it was full discretion for the officers” to tow the vehicle.

Spokane County sheriff’s spokesman Sgt. Dave Reagan said patrol deputies have full discretion on whether to tow the vehicle or to allow the driver to call someone else to get the car or truck.

Whenever officers call for a tow, Meyers said, Evergreen State Towing charges the suspended driver $154 to have the car towed. Evergreen, which charges another $39 a day to store the vehicle, sends a notice within 24 hours to let the owner know that the car is in storage.

If the owner doesn’t responded in five days, then Evergreen sends a certified letter to the owner saying that the car is now considered abandoned. The owner has 16 days to retrieve the vehicle or it can be sold at auction, Meyer said.

“If it’s a nicer car, they will come get it,” Meyers said. “Within about 26 days, they are usually” sold at auction.

Beggs and Sklut did not attempt to estimate in the lawsuit how much money the city would be required to pay back if it loses.

“The damages sustained by the plaintiffs and the class he represents include costs for redeeming vehicles from impoundment, loss of use of the vehicles, and, in a substantial number of cases, loss of the vehicles at auction when the owners could not afford to redeem them,” the suit states.

Thomas, the plaintiff, also requested information from the city about his impounded car on Jan. 13. The city acknowledged receiving Thomas’ records request but has since refused to provide those documents “despite numerous communications,” Beggs and Sklut wrote.

As a result, the attorneys are asking the judge to impose a penalty of between $5 and $100 a day for each document that the city has denied Thomas the right to inspect and copy.

Thomas could not be reached Thursday or Friday for comment.

Lee said he understands Thomas’ car was impounded in 2003.

“If that was the case, that was before things changed for us,” Lee said. “It may have been back when we mandatory towed. But I just don’t know the dates to say for sure.”