controversial freeway towing program in jeaopardy

Feb. 3, 2005, 3:01PM

Legislator files bill to kill Houston's freeway towing rules
By KRISTEN MACK and RON NISSIMOV
Copyright 2005 Houston Chronicle


State Sen. John Whitmire filed a bill today to kill Houston's mandatory towing ordinance, the day after City Council added a free tow provision in an effort to cool criticism that has swelled since the program took effect Jan. 1

Whitmire, D-Houston, who had threatened for weeks to file the legislation, said he considers the Safe Clear towing ordinance unsafe and an unfair burden on low-income people.

Twenty-eight of the 31 senators signed on to Whitmire's bill. He held a morning news conference in Austin to support of the measure. The only Houston-area senator who did not sign the bill was Democrat Rodney Ellis, who previously has said he is reviewing the ordinance and Whitmire's proposal, but has not taken a position on it.

The bill also would have to pass the House of Representatives and be signed by Gov. Rick Perry. At least three of the 25 Harris County representatives, Republican Martha Wong and Democrats Sylvester Turner and Senfronia Thompson, also attended Whitmire's news conference.

The Safe Clear ordinance requires that vehicles stranded on freeways be towed within minutes by tow truck companies under exclusive city contract.

Whitmire's bill would prohibit cities from enacting mandatory, non-consent tows, and would prohibit exclusive contracts for towing.

On Wednesday, council amended the original ordinance to allow for free, short tows in certain circumstances instead of requiring a minimum payment of $75.

Mayor Bill White pushed the Safe Clear ordinance as a traffic control and safety measure, and endorsed Wednesday's amendments.

White said he doesn't think state legislators will torpedo Safe Clear because "the Houston metropolitan area is a good one-quarter of the state of Texas, and speeding traffic along and safety are important to this community."

Chief complaints against the law have been that it disproportionately affected poor people and that it mandated six-minute response time for tow trucks did not allow motorists time to fix minor problems.

In addition to the free tows, which the city will subsidize, wrecker drivers will fix flats for free.

In a sometimes-emotional session during which members considered a morass of 14 amendments, the City Council resoundingly approved the changes White proposed in the face of the protest.

"The elected officials around this table have been working hard to make Houston safer and move traffic," the mayor said after the 13-2 vote for his amendments. "Today was another milestone."

Besides Whitmire's challenge in the Legislature, Safe Clear faces a federal court lawsuit by tow truck drivers who lost out on Safe Clear's exclusive contracts.

A federal judge Wednesday postponed a decision on the plaintiffs' request for a temporary restraining order against the ordinance.

Councilwoman Addie Wiseman, who along with Shelley Sekula-Gibbs voted against White's amendments, accused the mayor of using Safe Clear to generate revenue for the cash-strapped city.

The city stands to make$1 million this year from towing contracts under the program, and possibly more in future years.

Sekula-Gibbs, Wiseman and Councilwoman Carol Mims Galloway voted for Sekula-Gibbs' amendment to rescind the ordinance altogether.

Wiseman accused White of trampling on personal liberties by mandating tows from emergency lanes, and likened him to Cuban dictator Fidel Castro after the council meeting.

She choked back tears at the council table as she speculated that the short tow truck response time played a role in the gruesome death Monday of 77-year-old Lawrence Kahng, who left his his stranded vehicle on the East Freeway to get gas. A tow truck approached Kahng's van as he was returning, and he dropped the gas can and was struck by several cars while running across the freeway.

"None of us knows what he was thinking, but he panicked," Wiseman said.

Opponents of Safe Clear had pointed to the tragedy as an example of the potential harm to stranded motorists concerned about the expense and hassle of being towed rather than fixing minor problems.

Councilman Michael Berry, a strong supporter of Safe Clear, rebuked Wiseman for making "dishonorable" statements, pointing out that Kahng's family has not decided whether the ordinance played a role in his death.

Although Wednesday's action will allow some motorists to get free tows, others will pay more.

Under the current ordinance, freeway tows from traffic lanes or shoulders were $75 for up to five miles, plus $1.50 for each additional mile.

But to persuade towing companies with Safe Clear contracts to accept the proposal for free tows on emergency lanes, White agreed to increase the rates for motorists stranded in traffic lanes to $124 plus storage costs if they are involved in an accident, if they abandon their vehicles or if they are placed under arrest.

Council members delayed until next week voting on a proposed ordinance giving the city authority to revoke tow licenses of drivers who fail criminal background checks.

In a related matter Thursday, U.S. District Judge Kenneth Hoyt delayed action on a request by a group of tow truck operators for an emergency order halting the Safe Clear program until he receives information on how the city decided to enact the ordinance.

The Houston Professional Towing Association and three tow truck operators filed suit Tuesday asking Hoyt to impose a temporary restraining order, alleging that Safe Clear is causing economic harm to tow truck operators who lack exclusive city contracts.

Hoyt asked attorneys for the city to file the information by Feb. 22 and both sides to file legal motions by March 14.