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Supreme Court Allows Cities to Regulate Towing Companies

 In its January 21, 2014 decision, the Supreme Court of Ohio held that a state law that prohibited municipalities from licensing, registering, or regulating towing companies was unconstitutional.  In the case, Cleveland sued the State of Ohio over a state law passed in 2003 that provided for statewide regulation of towing companies.  The state law expressly prohibited cities from imposing regulations on towing companies.  The Supreme Court found this ban to be unconstitutional because it limited the power of cities to enact similar regulations that were not in conflict with state law.  This decision now allows cities to regulate towing companies, in addition to PUCO regulations, so long as the city regulations are not in conflict with state law.  The court did not decide whether Cleveland’s towing regulations conflicted with Ohio’s regulations.  That dispute will be settled another day.  Please call John Alden at 614-221-1306 if you have any questions regarding this case.  



 

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