Mass towing could lead to costly fines for company

Gilfillan was one of those parked on the privately owned but vacant lots along Imperial Avenue at Main Street and Casino Center Boulevard on May 6. The art-goers parked where they had during previous First Fridays but returned to see full lots of cars now completely empty.

They each paid $305 cash to retrieve their cars that night, which only added to their anger. The group turned into a mob and the police were called in.

Tow Guys netted an estimated $15,000 in tow fees, but it might end up costing them much more, according to Nevada Senior Deputy Attorney General David Newton. Each of the 324 counts could cost the company as much as $10,000 in fines, he said.

But that decision won’t be made until the Nevada Transportation Authority, whose investigators issued the citations, has a meeting of its three commissioners on June 22, authority Administrative Attorney James Day said. He said fines will be based on circumstance and the violation. For that reason, he couldn’t venture a guess as to Tow Guys’ fines.

Also to be determined at the meeting is whether the company must reimburse those towed May 6.

Vehicle owners will likely be reimbursed due to the nature of the citations, said Day. He said the commission historically awards refunds when the tow company doesn’t post "No Parking" signs or fails to receive the landowner’s authorization for towings. The authority cited Tow Guys for 47 counts of both violations.

The Transportation Authority’s investigation was prompted by Gilfillan and others’ complaints because no signs were posted prohibiting parking during First Friday. The event occurs on the first Friday of every month when downtown arts and crafts studios are open to abundant foot traffic.

"This seemed pretty cut and dry to me," said Gilfillan. "There were no signs. We had pictures and so did other people. There was no following the law."

State law allows landowners to hire tow companies to remove "any vehicle" parked there as long as a "sign is displayed in plain view" declaring parking to be prohibited.

Other citations include failing to notify law enforcement about the towings, failing to indicate the reason for removal, not including the time of tow request on bills, and other records errors. Tow Guys has had 11 complaints in the past year, but none for mass towings. And the authority ruled in their favor every time. No citations were issued.

When contacted for this story, Tow Guys general manager Clark Whitney said he had no comment.

"We’ll fight our battle in court, not the newspaper like everybody else," he said.

Bill Belot was one of those whose vehicle was towed May 6. He filed a complaint but was "surprised" by the citations, especially since Las Vegas Mayor Oscar Goodman paid little heed to the mass towing, saying it’s not a city government issue.

"I can’t feel too emotional about it," said Goodman at a Thursday press conference. "I’m going to tell people not to park in private lots."

Goodman said public parking is plentiful downtown, and parking on private lots shouldn’t be an issue to begin with.

"I’ve never had a problem finding parking," he said.

For Jennifer Robinson, a light bulb flashed when she heard about the First Friday mass towing.

The light shone brighter when she heard the vehicle owners claimed there weren’t any "No Parking" signs on the privately owned lots. The light became even brighter when she discovered the tow company was Tow Guys.

"It’s the same thing and same guys," she said.

Like the First Friday event, her car had been parked on a private lot at an event, Extreme Thing: Sports & Music Festival on March 26, drawing many cars. People parked on a vacant lot on Spring Mountain Road and their vehicles were all hauled away, she said.

"The tows swooped in just as people left their cars and went to the event," she said.

She paid to retrieve her vehicle but didn’t let up. Robinson filed an unlawful tow complaint with the authority, including photos from the day of the tow showing no signs. The authority closed her case this week, however.

"That’s where it stands now and I’m mad," Robinson said.

But a Transportation Authority worker told her to sit tight, she said.

"I have a feeling my case could be reversed," she said.

Contact reporter Trevon Milliard at tmilliard@reviewjournal.com or 702-383-0279.