Berry

Appellant Robin Berry, individually and doing business as Berry Brothers Towing, contends that California statutes requiring operators of towing and storage facilities to accept credit cards as payment from the owners of vehicles whose vehicles have been involuntarily towed are unconstitutional under the legal tender, equal protection, and due process clauses of the United States Constitution. Berry’s declaratory relief action was submitted for decision by the trial court on the briefs and declarations of the parties, and judgment was entered in favor of respondent. We affirm the judgment.

Discussion

Peace officers and parking enforcement personnel may remove vehicles under certain circumstances, such as illegal parking or obstruction of traffic. (Veh. Code, § 22651.) Respondent, the Commissioner of the California Highway Patrol (CHP), is authorized to enter into agreements with towing and storage facilities for the removal of offending vehicles. (§ 2424.) Appellant Berry is one of the towing and storage operators who has such an agreement with CHP and is called upon to provide services in removing vehicles. In addition to the towing of vehicles ordered by peace…