Mail Tribune News - Company fights city tow setup

Mail Tribune (Medford, OR — Wayback)

2001-07-11

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Company fights city tow setup Sues over cut from Medford�s rotation By Jessica Smith A Medford tow-truck operator is seeking more than $77,000 in a lawsuit alleging the city attempted to coerce the company in its dealings with the Medford Police Department. Western Tow Inc., owned by Chris Mastoras, sued the city Tuesday in the Jackson County Circuit Court. Western Tow claims it was unfairly removed from the city�s "non-preference" tow list when the company refused to haul abandoned vehicles. Mastoras referred questions about the case to his attorney, Larry Workman. Workman did not return a phone call seeking comment. Ron Doyle, Medford city attorney, declined to discuss details of the case except to deny the allegations. He said the city developed its non-preference towing policy to ensure an "equitable selection process." The city uses a six-company rotation system for tows from accidents and breakdowns when the owner of the car doesn�t specify a preferred towing company. To be on the rotation list, however, tow-truck operators must agree to tow deserted cars at their own expense. "If a company is not interested in taking all types of calls, then the city won�t call them," Doyle said. "They can�t pick and choose what kind of vehicles they�re going to pick up." Doyle said the city combines the abandoned-vehicle and disabled-car calls because "the interest of the city of Medford is the same in both cases. We want to get these vehicles off the street." But Western Tow says the city�s policy coerces operators into hauling abandoned cars for free to avoid losing business from paying customers with no towing preference. The policy, Western Tow, claims, created a financial hardship for the company. Often, when an operator tows an abandoned car, the company offsets its costs by selling the vehicle for salvage. Prices for scrap metal have dropped in recent years, however, making it difficult for companies to recoup expenses, according to Western Tow�s complaint. The company alleges the city�s policy cost Western Tow $77,350 in services related to abandoned-car towing, including vehicle storage. The suit asks the court to find the city responsible for those costs as well as an estimated $1,200 in lost profits each month since August, when Western Tow went off the list. The case recalls previous complaints about the city�s agreements with Medford towing companies. Three years ago, the city removed a company from the non-preference list, only to reinstate the business after it filed a lawsuit. Last year, a number of smaller tow-truck firms expressed displeasure with the city�s decision to choose only one or two contractors to tow impounded cars and trucks for Medford police. The smaller operators unsuccessfully tried to change the city policy to give every company a share of the pie.   Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.