Auto. Club of New York, Inc. v. Dykstra, 2d Cir. Mar. 24, 2008
06-1872, 06-5243 Auto. Club of New York, Inc. v. Dykstra
Before: MCLAUGHLIN and WESLEY, Circuit Judges, and COGAN, District Judge.1
Appeal from final judgments of the United States District Court for the Southern District of New York (Owen, J.) permanently enjoining the City of New York from enforcing the provisions of its tow truck licensing scheme, codified at Title 20, Chapter 2, Subchapter 31 of the Administrative Code of the City of New York, against tow operators from outside New York City, invalidating § 20-495(d) of the New York City Administrative Code, and awarding Appellee $651,856 in attorneys’ fees and $6,293.98 in expenses. We affirm and hold that enforcement of the tow truck licensing scheme against operators from outside of New York City is not genuinely responsive to safety concerns, and, as a result, is preempted by 49 U.S.C. § 14501(c)(1). … Auto. Club of New York, Inc. v. Dykstra.
- The Honorable Brian M. Cogan, United States District Court for the Eastern District of New York, sitting by designation. [↩]
