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

Filing

OPINION filed : REMANDED to the District Court for proceedings consistent with the Supreme Court's opinion, decision not for publication pursuant to local rule 206.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.

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION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,

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May 27, 2011
LEONARD GREEN, Clerk

ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE SOUTHERN
DISTRICT OF OHIO

Defendants-Appellants.
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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

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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.

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