A Louisiana towing company has filed a lawsuit against the Chief of Police and the Town of Vidalia, alleging retaliation and violation of constitutional rights. The complaint was filed by All Ways Towing, LLC, along with its owners Craig Sanders and Patti Sanders, in the United States District Court for the Western District of Louisiana on December 12, 2024. The defendants named in the case are Joey Merrill, in his official capacity as Chief of Police for Vidalia, and the Town of Vidalia itself.
The plaintiffs claim that their removal from the Vidalia Police Department's vehicle towing rotation list was an act of retaliation by Chief Merrill. According to the complaint, this action followed perceived political support for Merrill's opponent in a recent election. The plaintiffs allege that campaign signs supporting Frank Duson, Merrill’s opponent, were placed on property owned by Craig Sanders through an LLC. Additionally, Patti Sanders had posted comments on Facebook criticizing the theft of Duson's campaign signs. These actions allegedly led Merrill to instruct his staff to remove All Ways Towing from the rotation list without notice or explanation.
The plaintiffs argue that this removal violated their First Amendment rights to free speech and political expression. They assert that Chief Merrill used his position to punish them for their perceived political opinions and support for his opponent. Furthermore, they claim that their due process rights were violated as they were not given any opportunity to contest their removal from the list or even informed about it beforehand.
All Ways Towing had been part of the Vidalia Rotation List since 2016 until its temporary sale in 2018. After resuming operations in 2022, they rejoined the list but were removed again in February 2024 under what they describe as unlawful circumstances orchestrated by Chief Merrill. The company claims significant financial loss due to being excluded from towing assignments provided through this rotation system.
In addition to seeking compensatory damages for lost income and other financial impacts caused by their exclusion from the towing list, All Ways Towing is also pursuing attorney fees under federal civil rights laws. They argue that both defendants acted under color of law when violating their constitutional rights and are therefore liable for damages.
Representing All Ways Towing is attorney Karl J. Koch from Baton Rouge. The case has been assigned Case ID No. 1:24-cv-1729 at the United States District Court for the Western District of Louisiana with a jury trial demanded.