Town Set To Discuss Downtown “Booting” By Frank Ruggiero Vehicular immobilization, also known as booting, has become a hot topic of discussion in downtown Boone. A string of complaints regarding vehicle immobilization, better known as booting, in private parking lots in downtown Boone has sparked discussion within the Boone Town Council. Meanwhile, a man whose business was in booting claims town-initiated action gave his business the boot. Tourists would park in private parking lots in downtown Boone, and proceed to shop elsewhere. They’d return to find their vehicles booted, and were forced to pay a release fee. Some complained about intimidation from lot attendants, one of which was reported to have carried a gun. Town manager Greg Young said he’d heard complaints about barefoot, shirt-less attendants with no identification to present to parking violators to prove they were authorized to monitor the lot. He also heard complaints about violators having to pay the fine in cash with no receipt in return. As booting grew in intensity, complaints flew into the Chamber of Commerce, Downtown Boone Development Association (DBDA) and Town Hall. Fearing the rash of immobilization would adversely affect tourism in the downtown business district, the Boone Town Council deemed it appropriate to amend the town code last November to address unregulated towing and vehicle immobilization in town, particular in the downtown district. For vehicle immobilization, the new regulations required parking lot owners to place signs in their lot, indicating the lot is private, that unauthorized vehicles will be booted, and that there is a charge for removal of the mechanism. Another stipulation requires that an attendant is on duty at all times when any vehicle is subject to booting, and that the person is able to remove the device upon payment. Personal story In June, visitor Loretta Cozart and her daughter, an incoming student at Appalachian State University, spent a couple days in Boone for freshman orientation. Cozart said she and her daughter parked at the Mountain Pirate store on King Street, to pick up a few knickknacks from the store for the daughter’s dormitory room. Cozart saw two “towing enforced” signs, knew she was going to shop at the respective store, and thought nothing of it. “As we read the Mountain Pirate’s store hours, we realized that they have a very ‘casual’ schedule,” Cozart wrote in an e-mail. “The shop was closed, so we walked down to King Street, shopping in many stores along the way and having a great time.” After lunch, the two returned to the Mountain Pirate to find it open for business. However, Cozart said they found their car immobilized, and an attendant asked for a $60 cash removal fee. “The guy had been in the parking lot when we arrived, and he said nothing to us about the lot being private,” Cozart said. “So, we paid the fine, moved the car and then picketed the lot for three hours.” Cozart and daughter protested the practice by brandishing signs reading, “Scam,” “$60 Parking,” “Warning: Do Not Park Here” and “Bad for Business, Bad for Boone.” Nearby resident J.K. Beckworth has seen all too many instances of vehicular booting — once even on a pizza delivery car. “The problem came on weekends and during the summer, times when there was nobody parking there,” he said. “They would just sit there like vultures and just wait for anybody to come in, and they would wheel lock them, whether there was anybody in the parking lot or not, just to make as much money as possible with absolutely no concern as to whether it was justified or not. “They’re in it for the money, that’s the problem. They’re not in it for good parking — just to take people’s 60 bucks.” Tuesdae Rice, director of the DBDA, sympathizes with those issuing the complaints, but acknowledges that booting companies are only doing their jobs — as long as correct signage is posted. “If there is correct signage that says only merchants at XYZ store are allowed to park in this parking lot, and they can understand that the consumer understands this and they receive a boot, then that’s the repercussion of it,” she said. “I think that as long as the companies that are doing the booting are acting in a professional manner to the recipient of the boot, there shouldn’t be any problem, as long as all the rules are followed.” Dan Meyer, president of the Boone Area Chamber of Commerce, agrees that owners of private lots have the prerogative to do as they choose, but called the booting situation “not a real user-friendly atmosphere,” particularly considering tourists’ complaints regarding attendants’ attitudes and appearance. Policing the situation More often than not, boot recipients end up calling the Boone Police Department. Capt. Curtis Main, patrol division commander, has made an effort to address the situation. “What we’re doing right now, I’ve got [an officer] in the municipal service district going to every private lot, ensuring that they have the signage correct, measuring the signs,” Main explained. “If it’s not, he’s telling them they cannot boot until the sign’s brought into compliance.” Main said this procedure will ensure that everybody’s adhering to the ordinance. He also noted that there’s been discussion about reevaluating the code. Main attended a meeting of the DBDA on the matter, and said, “They talked about several different ideas at that meeting, and I know that the chief (Boone Police Chief Bill Post) has discussed it with (town attorney) Sam Furgiuele and Greg (Young), and that they’re going to have some further discussion about it with council.” Main said they were discussing different time limits, as in how long a car must remain stationary in the lot before it can be immobilized, and certification requirements for attendants. ‘We Wheel Lock’ Jon Tate, owner of Grapevine Cafe, used to run a vehicle immobilization business called “We Wheel Lock.” His business was contracted by business owners to monitor their respective lots, and immobilize vehicles belonging to shoppers who strayed from the respective business. Due to potential new regulations and those currently in place, Tate said “We Wheel Lock” has been driven out of business. Tate emphasized that his business only immobilized vehicles for private individuals and businesses in private parking lots. “We were basically employees of the people who owned the parking lots,” he said. Regarding complaints from those booted, Tate said there’s always more than meets the eye. “The problem with booting is 90 percent of the people who get booted say they never saw the signs,” Tate said, adding that there are five signs in the Wilcox Emporium parking lot, a lot his business was contracted to monitor. Furthermore, he said two of the signs are twice as big as required by the town code. “We booted a lot of students and tourists,” Tate said. “I don’t know why they don’t pay attention.” Hearing the same excuses over and over again accounts for the sometimes frustrated attitude of the parking attendants, Tate explained. As for attendants’ appearance, he said attendants work all day under the sun, getting down on their knees and underneath cars to attach boots. “It’s a dirty job from every aspect,” he said. “All the attendants are doing is following orders. You have to collect from all violators. Booting’s not about the money — it’s about saving parking spaces.” Tate said attendants worked on commission, receiving a fee for each boot attached. He would pay them to supply their own immobilization devices, and also had to buy the signs. The cost of one boot, he said, amounts to $190, not including maintenance. He even paid for damages incurred when an allegedly drunk driver attempted to drive off with a boot still attached. The cost of taking the driver to court, he said, would have cost more than the $890 he paid to repair the driver’s Lexus. In other words, it can be a costly business. Tate said this, coupled with town regulations, has made running a vehicle immobilization business difficult. “They want people to form a corporation, and pay fees to the town,” he said, adding that all his contracts with businesses were verbal contracts. “The town’s making it hard on us constantly, constantly changing the rules, and everything they ask us to do, we do.” Tate said he adhered to every rule implemented, but even that wasn’t enough. He also noted that another booting business, named Lockdown, called it quits. In response, Young said that every business is required to pay for a privilege license, “and we require them to pay a privilege license no matter what they do. If a business is going by a business name, we’d require them to pay a privilege license.” Young continued, saying the only regulations the town has in place regarding private lots is in the existing ordinance requiring signage. However, he added the Boone Town Council will discuss other possible measures (those mentioned above by Main) at its regular meeting Thursday evening. The Boone Town Council has reserved a section on its agenda to discuss vehicular immobilization at its regular meeting Thursday at 6:30 p.m. in Town Council Chambers at 1500 Blowing Rock Rd.