Dan's Papers - June 19, 2009

Last week I wrote extensively about the disgust, anger, revulsion and even acts of violence exhibited by residents of this place when they have returned to a private parking lot to find that their cars have been immobilized with an iron boot on a front tire.

Town and Village officials say that the booting may be obnoxious, but on private property it is legal and there is nothing they can do about it. They say booting is a legitimate way to deal with overtime parking in private lots, and that many communities do it, reluctantly to be sure, but nevertheless. This is nonsense. There are plenty of cities and towns in this country that have laws against booting. They allow towing. They do not allow booting.

For example, here is law 320 in the City Code of Minneapolis about booting automobiles. It applies specifically to private property and to private individuals who hire people to do booting.

I present it in non-legal terms, first by describing the particular problem that each section of law 320 addresses, and then by a rough explanation of what the law says to restrict the practice.

(COMPLAINT: There is a general belief that booting may not be regulated.)

Booting a car is legal in Minneapolis only in circumstances where access to a particular piece of private property is severely restricted and tow trucks cannot get through.

(COMPLAINT: These are shady people who boot my car. Can ANYBODY have the right to boot my car? And who are they anyway?)

No. Only companies that obtain licenses from the City may hire employees to boot cars. And they can only get a license to boot cars on a specific property that meets the parameters described in the above section - that is to say, in places where tow trucks may not be able to go. A license to boot a car will be issued for one year to a reputable booting firm that pays a fee of $10 and fills out of a form. The form to be filled out includes a place where a description of a property and a map of it can be amended. The City will determine if it meets the standard. If it does, and other requirements are met, the license will be issued applicable for that particular property.

(COMPLAINT: Those who are hired to do the booting are often dressed like thugs, discourteous and untrained.)

To get a license, the licensee must issue uniforms to those employees performing the booting. (The legal phrase is vehicle immobilization service.) The uniforms must consist, at minimum, of jacket and a shirt or vest. Booters must wear a nametag with their complete name on it. They must wear it while on the premises at all times. And they must be clearly visible on the premises. They also must be willing to identify themselves. They must have personalized business cards to hand out that include their names, the names of their direct supervisors and the company's name and address and phone number.

(COMPLAINT: They boot your car. They demand cash. They give you no ability to file a complaint.)

Employees must carry packets of information that include the rules of the parking lot, where to file a complaint on the spot, what the fees are to remove the boot and how to contact the police. They must accept cash, checks, money orders or any other form of payment commonly used in today's society.

(COMPLAINT: Booting companies, if you can get through to them, just hang up on you if you want to file a complaint.)

Booting companies must have complaint offices set up at all times able to deal with complaints. Failure to have such an office will result in revocation of the permit.

(COMPLAINT: Employees have an attitude akin to that of a pirate. They hold your car hostage. They demand ransom. They don't want to hear about your personal life.)

Licensees must provide, on the licensing form, the name and address of the firm that has given this employee a course in conflict management and "shall provide documentation as to the content of that training and documentation as to the completion of that training."

(COMPLAINT: Sometimes there is no employee around to pay the fine to or remove the boot.)

Employees must be present at all times boots are on a car, must provide a supply of paper, pencils and pens and forms so that if necessary, a fine can be paid as "self-service." A self-service procedure to pay the fine must be in place.

(COMPLAINT: There is no paperwork trail to verify that payment has been made. The employee just pockets the cash, removes the boot and walks off. There is no receipt issued.)

Employees must fill out an elaborate form and stamp it with the date and time about the violation, the payment made, the name of the motorist and the name and phone number of the employee. It must be in duplicate with one part going to the company, where records must be kept for two years, and the other to the motorist. The form must have the telephone number of a company supervisor on it that is both active and answered by a live person when dialed. It must specifically NOT have any phone number on it that is disconnected.

(COMPLAINT: Motorists are told this is private property and the police will not get involved.)

Employees are instructed to call in the police when conflict management is unsuccessful, and to obey the wishes of the police, whatever they decide. That could include removal of the boot without charge. Failure to follow this instruction will result in the revocation of the license.

(COMPLAINT: The boot is on, the motorist gets angrier and angrier. Dangerous behavior becomes possible. And still the employee won't remove the boot.)

"To prevent personal injury, damage to property, disorderly conduct or other criminal activity, vehicle immobilization service licensees shall comply with all police officers' requests to remove wheel locking devices and shall remove the wheel-locking device at no cost."

(COMPLAINT: Booters lurk in lots, waiting to pounce.)

Vehicle booters may only be on a property at the authorization of the owner or lessee of the property. "Vehicle immobilization service licensees shall not have any employee waiting in any parking lot for which they are providing immobilization services. Waiting shall be defined to include any time in which the employee is not actively involved in providing vehicle immobilization services."

(COMPLAINT: Nobody tells you they have booted your car. You get in, turn on the ignition, put it in gear, and destroy your wheel and axle.)

Employees, immediately after booting a car must: 1. If possible, immediately tell the motorist his car has been booted and 2. Place a blaze orange warning decal at least 47 square inches in size prominently in the center of the driver's side window on the windshield informing the driver the boot has been placed and that trying to move the car will cause serious damage.

(COMPLAINT: When a booter finally shows up and is paid, he fools around, toying with the motorist before finally getting around to remove the boot.)

Boots that are not removed within 60 minutes of a customer's request, must be removed at no charge.

(COMPLAINT: It's highway robbery. There is no limit on the amount of money asked for by an employee wanting to remove the boot.)