Tillison v. Gregoire

424 F.3d 1093 John TILLISON, dba West Coast Towing Services, Plaintiff-Appellant, v. Christine GREGOIRE, in her official capacity as Governor of the State of Washington; Rob McKenna, in his official capacity as Attorney General for the State of Washington, Defendants-Appellees. No. 04-35539. United States Court of Appeals, Ninth Circuit. Submitted June 14, 2005. * Filed September 19, 2005. COPYRIGHT MATERIAL OMITTED Todd J. Hilts, San Diego, CA, for the plaintiff-appellant. Diane L. McDaniel, Assistant Attorney General, Olympia, WA, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding. ** D.C. No. CV-03-05514-FDB. Before: PREGERSON, GRABER, and GOULD, Circuit Judges. PREGERSON, Circuit Judge. 1 Appellant-Plaintiff John Tillison d/b/a West Coast Towing Services ("Tillison") challenges Revised Code of Washington section 46.55.080(2), which restricts patrol and non-consensual towing by: (1) requiring a towing company to obtain written authorization from a private property owner before towing a vehicle from the private property, or from a public official before towing a vehicle…