Towing the line on property-rights

In Harford County, Rick Impallaria fights a good — though some say goofy — battle

December 17, 2011|Dan Rodricks

Every now and then, a city story goes country. Some fact of urban life — poverty, drug dealing, traffic congestion — spills into the suburbs, and there's all sorts of noise about it; you'd think the problem had never existed until someone discovered it beyond the Beltway.

I'm thinking of Rick Impallaria's problems with a towing company in Harford County. People in Baltimore have been complaining about the practices (and fees) of towing companies for years. But the most notable battle over towing practices of late has occurred in Mr. Impallaria's backyard, at the Harford-Baltimore county border.

Mr. Impallaria, a Republican state delegate who represents that area, has been carrying on a one-man crusade against what he sees as unsavory practices by towing companies and a complicit Harford sheriff. He pretty much describes what's been going on as an invasion — towing companies committing extortion, and authorities refusing to do anything about it. Mr. Impallaria was quoted on a blog as calling Harford County the "Wild West for Illegal and Corrupt Towing Companies."

That sounds like an exaggeration, and it probably is. There's a lot of that going around these days. Mr. Impallaria's House-mate in the 7th District is Del. Patrick McDonough, a Republican given to hyperbole, as in his description on this page Wednesday of Baltimore as an "amnesty city" for illegal immigrants.

But despite his loud and broad attack on towing operators and the Harford sheriff, Mr. Impallaria actually appears to have a legitimate point.

Early in 2010, Mr. Impallaria's pickup truck was wrecked in a two-car accident on Hookers Mill Road. The truck had to be towed. He says the towing company held onto his personal property and his license plates until he paid his towing bill.

That's what Mr. Impallaria, former chairman of Citizens For Property Rights, considered an extortionate act, and that's what got him good 'n' fired up.

Ever since, Mr. Impallaria has written letters, held meetings, filed legislation and testified in Annapolis. He told the Senate Judiciary Committee in April that he felt threatened when he went to retrieve his belongings.

Mr. Impallaria sought and received an opinion from the Maryland attorney general on what state law says about all this. The opinion found "no authority for a towing company to retain personal possessions or the registration tags for vehicles that have been towed."

Now, if I had received such an opinion — assuming I could get one — and had confidence that Maryland law supported me, then I, too, would have insisted that local law enforcement authorities go after that towing company. And I, too, would be ticked if they didn't.

That's what happened to Mr. Impallaria.

So he went to court to ask a judge to order Harford County Sheriff L. Jesse Bane — love that name — to "cease these unlawful practices," described in the suit as "theft" of property and "extortion" of money.

Sun reporter Arthur Hirsch looked into Mr. Impallaria's complaints last summer. The president of the Harford County Towers Association told him that, indeed, tow companies usually hold onto license plates until their bill is paid or have proof that the owner's insurance will cover the towing charges.

It's apparently the view of Sheriff Bane that this kind of dispute is a civil matter — between the owner of the vehicle and the tag-grubbin' tow company.

Mr. Impallaria saw it quite differently and asked a judge to compel the sheriff to do his duty here.

Some people think it was ridiculous for Mr. Impallaria to carry things this far. But you can see where the man's coming from. I know plenty of people — city people and visitors to the city — who got all emotional and goofy because of towing companies towing their cars and holding them until outrageous bills were paid. This has been a prickly subject for years.

Anyway, the judge in Harford County didn't bite, saying arrests were at the discretion of the sheriff. The sheriff felt vindicated and went off to fight real crime in Harford County.

I hope Mr. Impallaria doesn't feel bad. He fought the good property-rights fight and, somewhere in this mess, there's a point: If a towing company can't legally hold our tags or other property until the bill is paid, then it shouldn't get to do that. And if that's the law, it ought to be enforced.

Dan Rodricks' column appears Tuesdays, Thursdays and Sundays. He is the host of Midday on WYPR-FM. His email is dan.rodricks@baltsun.com.

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