R. Mayer of Atlanta, Inc. v. City of Atlanta

BIRCH, Circuit Judge:

In this appeal, we determine, as a matter of first impression, whether the Interstate Commerce Act (“ICA”) preempts a municipal ordinance regulating the provision of consensual towing services. On summary judgment, the district court ruled that, because consensual towing services do not fall within the scope of the ICA’s preemption provision, the municipal ordinance is valid. For the reasons set forth below, we conclude that the ICA expressly preempts municipal ordinances that regulate consensual towing, and that the ICA does not exempt municipal ordinances that address…