A lawsuit has been filed against the City of Long Beach, accusing the municipality of violating constitutional rights through its "Boot and Tow" program.
Tzemach Shemtov, a Connecticut resident, filed the complaint in the United States District Court for the Eastern District of New York on January 14, 2025.
According to the complaint, Shemtov alleges that Long Beach's policy allows for the unlawful seizure of vehicles without due process. The lawsuit claims that this practice violates the Fourth Amendment's protection against unreasonable seizures, as well as the Fifth and Fourteenth Amendments' guarantees of due process.
The plaintiff contends that these actions are carried out under Long Beach City Code provisions, which permit city officials to seize vehicles over unpaid or unadjudicated parking tickets.
In some cases, these seizures occur simultaneously with ticket issuance, often involving tactics such as physically blocking vehicles with city or tow trucks.
Shemtov recounts an incident on September 2, 2024, when his vehicle was seized by city employees, who demanded immediate cash payment to release it.
The complaint describes a broader pattern in which city personnel and contracted towing agents allegedly impose on-the-spot fees without prior notice or an opportunity for vehicle owners to contest these actions in court.
Shemtov argues that this approach deprives citizens of their property and imposes liens on their vehicles without judicial oversight.
Shemtov is seeking a declaratory judgment declaring these practices unconstitutional, along with compensatory damages for losses incurred due to these alleged violations. The lawsuit also seeks injunctive relief to prevent further enforcement of the policy by Long Beach officials. Additionally, Shemtov requests coverage for legal costs and attorney fees as provided under federal civil rights statutes.
Representing Shemtov is Andrew J. Campanelli from Campanelli & Associates, P.C. The case is being heard under Case ID 2:25-cv-00223.