Houston Prof’l Towing Ass’n v. City of Houston

HPTA filed suit challenging SafeClear, the freeway towing program run by the City of Houston, contending that the program is preempted by 49 U.S.C. 14501 and violates its commercial-speech rights. The district court granted summary judgment for the City. HPTA has filed two previous suits challenging the program. The court concluded that HPTA has not demonstrated that there has been a change in the relevant facts undergirding its claim of federal preemption since the last suit; the nucleus of operative facts remains the same; and the claim of federal preemption is barred by res judicata. Likewise, HPTA’s commercial-speech claim is barred by res judicata. Accordingly, the court affirmed the judgment. View "Houston Prof'l Towing Ass'n v. City of Houston" on Justia Law