Our Garage & Wrecker, et al v. Columbus, et al


OPINION filed : REMANDED to the District Court for proceedings consistent with the Supreme Court's opinion, decision not for publication pursuant to local rule 206. Alice M. Batchelder, AUTHORING Chief Circuit Judge; Damon J. Keith, Circuit Judge and Karen Nelson Moore, Circuit Judge.

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Case: 00-3409 Document: 006110969332 Filed: 05/27/2011 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 11a0361n.06 Case No. 00-3409 FILED UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT OUR GARAGE AND WRECKER SERVICE1; TOWING & RECOVERY ASSOCIATION OF OHIO, Plaintiffs-Appellees, v. CITY OF COLUMBUS; DAVID WILSON; BOBBIE BEAVERS, ) ) ) ) ) ) ) ) ) ) ) May 27, 2011 LEONARD GREEN, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO Defendants-Appellants. _______________________________________ BEFORE: BATCHELDER, Chief Judge; KEITH and MOORE, Circuit Judges. ALICE M. BATCHELDER, Chief Judge. Plaintiffs-Appellees Ours Garage and Wrecker Service, Inc., and the Towing and Recovery Association of Ohio brought suit against the City of Columbus and certain city officials to enjoin enforcement of Chapter 549 of the Columbus City Code (the “towing ordinance”), which regulates consensual towing operations. The district court held that the Interestate Commerce Act, 49 U.S.C. § 14501(c)(1), preempts the towing ordinance, and this court affirmed. Our Garage & Wrecker Serv. v. City of Columbus, 257 F.3d 506 (6th Cir. 2001). The Supreme Court subsequently reversed the decision of this court and remanded the case for consideration of whether the towing ordinance qualifies as an exercise of “‘safety regulatory 1 In both the district court and in this court, the caption of the case has identified the plaintiff as “Our Garage” throughout the course of this litigation. The company’s name in fact is “Ours Garage,” but we continue to use “Our Garage” in the caption to avoid confusion. Case: 00-3409 Document: 006110969332 Filed: 05/27/2011 Page: 2 Case No. 00-3409, Our Garage v. City of Columbus authority’ or otherwise fall[s] within § 14501(c)(2)(A)’s compass.” City of Columbus v. Ours Garage & Wrecker Serv., Inc., 536 U.S. 424, 442 (2002). We now remand to the District Court for proceedings consistent with the Supreme Court’s opinion. 2

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