Joseph F. Weis, Jr. U.S. Courthouse
PITTSBURGH - A towing company is suing the City of Duquesne in Pennsylvania federal court, alleging the city has arbitrarily refused to conduct business with it.
Luna Collision filed suit June 23, claiming violation of the Equal Protection Clause of the 14th Amendment. Luna is "similarly situated" to other local towing businesses that receive dispatch calls from Duquesne but for two decades has not been used by the city.
"Plaintiff, who operates a long-established and qualified towing business located within the City itself and who pays taxes to the City, has been repeatedly and systematically excluded from consideration for such work, despite two decades of formal and informal efforts to participate, without any rational basis, process or explanation," the suit says.
Luna opened in 2005 and has made oral requests to city officials for work towing cars and submitted a formal application. The company was rebuffed at a city council meeting, the suit says.
These rejections never included an explanation or a chance to appeal, the suit says. The chief of police and other city officials have power over towing referrals, it adds.
"Plaintiff has been told that 'the Chief decides who gets called,' and that this discretion governs the City's towing practices," the suit says.
"This delegation of unreviewable authority is arbitrary, lacks transparency, and is exercised without standards," the complaint says.
Leo's Service Center is the prime towing company used by the City, with two others located outside of city limits used as backups, Luna says. The company says Duquesne never approved, denied or acted on its formal application.
"This failure to respond to a formal, legally submitted application is consistent with the City's broader pattern of stonewalling Plaintiff's efforts to lawfully engage in municipal towing services," the suit says.
"Upon information and belief, other similarly situated towing companies have not been subjected to this level of neglect, delay or silence."
Monte Rabner of Rabner Law Offices represents the plaintiff.
