A judge threw out the company’s lawsuit after the state ordered it shut down.
Lincoln Towing could be a step closer to shutting down after a judge dismissed a lawsuit that sought to overturn state regulators’ move to close the company.
But don’t get your hopes up: The notorious towing company quickly filed a petition for a rehearing with the Illinois Commerce Commission after Cook County Judge Neil H. Cohen’s ruling dismissing their lawsuit late last week. While it waits for a rehearing, it can continue operating.
In his decision, Cohen said that Lincoln Towing had not sought redress through the state’s normal process before it filed the challenge in court.
Lincoln Towing’s claim “must be dismissed because [Lincoln Towing] has not exhausted its administrative remedies,” Cohen’s ruling read. Lincoln Towing “must file the required motion for rehearing to exhaust those administrative remedies.”
Cohen in part blamed the ICC for making it difficult for the company to file for a rehearing.
ICC spokeswoman Victoria Crawford would not comment on that criticism.
“I can’t speak on behalf of the judge,” Crawford said.
Crawford said the next opportunity for a rehearing with the commission is at an ICC meeting on June 12, when the commission can either grant or deny a rehearing. If the commission decides to deny a rehearing, Lincoln Towing could still potentially go back to court to appeal the ICC’s decision.
The company will still be able to operate in the interim.
Lincoln Towing attorney Allen Perl did not immediately respond to a request for comment.
Last September, the commission revoked Lincoln Towing’s license after a two-year investigation.
“Lincoln’s pattern and practice of conducting unauthorized relocations harms the public and demonstrates that Lincoln is incompetent and unworthy to hold a relocator’s license,” the commission staff concluded after alleging 462 unauthorized tows and 369 instances of the company using an unlicensed operator within an eight-month span.
The company then sued ICC in court, arguing that the revocation of its license was “unenforceable” and spelled an “imminent and dangerous” disruption to business and will cause harm to the public. Cohen stayed the ICC ruling while it heard the complaint before granting the state’s motion to dismiss last Thursday.
Earlier this month, the company changed the sign outside its Lakeview headquarters to say “Protective Parking Service,” which is the company’s official corporate name. About a week later it put up a banner saying “Lincoln Towing” next to the new sign.
Steve Goodman had immortalized the company’s old name in a song when he referred to the company as the “Lincoln Park Pirates.”
