Class Action Alleges Nassau County ‘Boot and Tow’ Policy Is Unconstitutional

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Nassau County, New York faces a proposed class action wherein a driver claims her vehicle was seized unconstitutionally by AAAA-1 Auto and Towing as a result of the county’s warrantless “boot and tow” policy.

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According to the 15-page lawsuit, Nassau County’s “boot and tow” policy, whereby the county will place a mechanical boot on the vehicle of a “scofflaw” who has two or more unpaid tickets, is unconstitutional given that no warrant or court order is needed before a consumer’s vehicle is seized. At the same time, the policy does not afford the owner of a seized vehicle a hearing at which they can challenge the seizure or imposition of post-seizure liens, the case adds.

The filing alleges Nassau County and AAAA-1 violated the New York-based plaintiff’s constitutional right protecting her property from unreasonable seizure without a warrant, as well as her right to due process before a judge.

"Nassau and [AAAA-1] seize hundreds of vehicles every year and equally deprive numerous others by similarly impressing liens on those others’ vehicles without notice and a hearing, contrary to both the Federal and New York State constitutions,” the suit charges.

When Nassau County identifies a “scofflaw,” law enforcement officials seize the person’s vehicle by locking one of its wheels in a mechanical boot, the suit says. The car is then towed and impounded by a towing company such as co-defendant C&R Automotive, Inc.—who does business as AAAA-1—a contract agent that detains and imposes liens on vehicles at the behest of Nassau law enforcement, the case explains.

Per the complaint, the “Boot and Tow” policy is unconstitutional because it requires neither a warrant before seizing vehicles nor makes provisions for any form of hearing at which the owner can contest the confiscation of their property or its associated liens.

The plaintiff, considered a “scofflaw” under the county’s policy, had her 2016 Nissan Rogue seized and towed by the defendants on January 17, 2020, the lawsuit says. The woman was barred from recovering her car unless she paid all outstanding tickets owed to Nassau County and all towing and storage fees demanded by the towing company, including a $25 payment for each day the vehicle was stored, the suit relays. Before the plaintiff could reclaim her car, the defendants also demanded that she agree to a release of liability in their favor, the case adds.

As the complaint tells it, Nassau County pressured the plaintiff by threatening to auction her car, or dispose of it completely, unless its demands were met.

However, as the filing claims, “[t]here is no lawful basis to require [the plaintiff] to comply with the demands made by [the defendants].”

In violation of her constitutional rights, the plaintiff was at no time presented with a warrant for the seizure of her vehicle, provided adequate notice, or given an opportunity to challenge the actions at a hearing before a judge, the case alleges.

Because the woman refused to pay, she has never recovered her car, the suit reports.

The lawsuit looks to represent all vehicle owners whose vehicles were seized under Nassau County’s “Boot and Tow” policy.

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