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INTERSTATE TOWING v. CITY OF CINCINNATI

No. C-1-90-698.

799 F.Supp. 805 (1992)

INTERSTATE TOWING ASSOCIATION, INC., et al., Plaintiffs, v. CITY OF CINCINNATI, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

June 15, 1992.

Attorney(s) appearing for the Case

Brett Colbert Goodson, Kimpel, Hyland, Weinkam & Good, Cincinnati, Ohio, Michael P. McGovern, Knoxville, Tenn., for plaintiffs.

James Francis McCarthy, III, Mary Fay Danner Dupuis, City of Cincinnati, Cincinnati, Ohio, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SPIEGEL, District Judge.

The plaintiffs allege that Chapter 869 of the Cincinnati Municipal Code, as applied to consensual tows by towing firms whose primary place of business is located outside the City of Cincinnati, has been preempted by federal law, places an unreasonable burden on interstate commerce in violation of the Commerce Clause, is arbitrary and unreasonable in violation of the Due Process Clause, and...

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