By Traci Chapman
A civil action filed by two area towing companies against the City of Yukon appears to be at least tentatively winding down as the parties move toward an anticipated settlement.
U.S. District Judge David Russell on Jan. 20 issued an administrative closing order in the case of Bad Day Towing & Recovery Company and Lane’s Towing Service v. City of Yukon.
In that order, the judge stated attorneys for both sides represented said they reached a settlement and compromise in the matter; that meant, barring word within 45 days of the Jan. 20 order from either party the case did not settle, the federal action would be dismissed.
A potential settlement is listed on a Tuesday, Jan. 25 special meeting agenda of the Yukon City Council. The meeting starts at 5:30 p.m.
The council was expected to meet in executive session about the lawsuit, then reconvene to possibly take formal action in open session.
Bad Day’s and Lane’s original petition was filed in Canadian County District Court in June 2021.
In that action, Bad Day stated the company was placed on the City of Yukon’s official wrecker rotation log in February of that year; then on April 6, the city by ordinance removed the company from that log without having “expressed any concerns about the services provided by it,” the company alleged.
The reason for that change was ordinance language limiting the towing revolving log only to companies located within Yukon city limits.
Bad Day/Lane’s asserted the City of Yukon’s actions were taken without due process and violated their constitutional rights, court documents showed.
According to ordinances attached to the lawsuit, the original in place before April 2021 required that cities of less than 50,000 residents consider all “licensed wrecker or towing services located near or in the city limits.”
The new ordinance approved by the Yukon City Council changed that language, requiring companies on the wrecker rotation list to be located within Yukon city limits, according to court documents.
The companies also alleged the subject ordinance was not published as required by Yukon’s City Charter, which mandates ordinances be published within 10 days of passage.
The city in early July filed for removal of the suit from Canadian County to federal court, specifically the U.S. District Court for the Western District of Oklahoma.