The booting ordinance we passed last fall requires parking lots that choose to boot to provide a written receipt to parking customers when they pay their parking fee (whether by an attendant or parking machine).  The ordinance had gone into effect in Deep Ellum on January 1 of this year and that resolved their booting problems.  Unfortunately, the problem then migrated to Downtown Dallas.  After receiving numerous complaints from Downtown business owners and visitors, Councilmember Medrano and I proposed to move up the effective date of the ordinance so Downtown visitors and businesses didn’t have to spend another five months unprotected from unscrupulous booting.

Councilmember Medrano and I called the parking lot owners in Downtown last week and told them what we planned to bring to the council this week.  Nearly all of the parking lot owners were supportive, explaining that they had abandoned booting as a means of enforcement once it became clear that booting threatened Downtown’s long-term health by driving off visitors.

One councilmember suggested that if booting were less convenient to parking lot owners as a means of enforcement, they would start towing cars.  While that’s possible, that hasn’t been the experience in Deep Ellum.  Barry Annino, president of the Deep Ellum Foundation, explained to the council today that towing hasn’t increased in Deep Ellum since the booting ordinance took effect there at the beginning of the year.  Instead, the parking lots are doing what they did before they began booting — ticketing cars that didn’t pay the proper fee.  So there hasn’t been an uptick in towing.

Some councilmembers opposed the change because they believe parking lot owners need another five months to implement an electronic payment system on their lots.  But I question whether that’s a genuine concern or just a stalling tactic because (1) parking lots have the option not to boot or to use an attendant rather than a machine and (2) no one has implemented these machines in Deep Ellum, despite having had five months (August – December 31) to do so.

After about an hour of debate, the council overwhelmingly approved the ordinance, which will go into effect tomorrow:

FOR:  Hunt, Medrano, Jasso, Davis, Hill, Atkins, Salazar, Leppert, Caraway, Koop, Margolin

AGAINST:  Natinsky, Neumann, Kadane, Allen

For months, Deep Ellum’s restaurants, retailers, bars, and clubs have lost business as a result of unscrupulous booting.  Visitors to Deep Ellum would pay their parking fee, then return to the lot to find that their car had been booted and that it was going to cost them $150 to have it removed.  Many vowed not to return.  This is bad for our small business owners, bad for a struggling Deep Ellum, and bad for our city’s economy.

I am pleased that today the council passed an ordinance to regulate booting and eliminate what has been both a threat to our small businesses and an unfair (and expensive) penalty to paying parking customers.  The ordinance will require parking lots that choose to boot to provide a receipt to their customers.

We were able to gain widespread council support by creating a phased implementation plan.  For parking lots that choose to boot, the ordinance will be phased in as follows:

• As of Jan. 1, 2010, all parking lots in Deep Ellum must provide receipts.
• As of July 1, 2010, all parking lots outside of Deep Ellum that charge $5 or more (or $1 or more per hour) must provide receipts.
• As of Jan. 1, 2011, all other parking lots must provide receipts.

The ordinance was approved by a vote of 14 to 1, with Ann Margolin voting against.

This morning, the Council unanimously voted to delay the booting ordinance until it can be considered by the Council’s Transportation Committee in August.

The delay was critical for those of us who want an ordinance with teeth that protects our restaurants and retailers that have lost customers due to unscrupulous booting.

Here’s what happened: The booting issue was presented to the Transportation Committee of which both Councilmember Medrano and I are members. We represent the two districts most impacted by the booting problem: Downtown and Deep Ellum.

On June 1, the Transportation Committee discussed the issue, but had outstanding questions that needed to be resolved before deciding the issue. At the end of the meeting, the committee wanted to: bring the issue back to the Transportation Committee, get input from impacted business owners, allow the committee two hours to discuss the issue, and hopefully, reach consensus on the booting ordinance.

Despite the best efforts of Transportation Chair Linda Koop, it was not possible to find a time to hold a special committee meeting where a quorum of the committee would be present before council recess in July. (There are many special meetings crammed in right before the July recess, making it difficult to find time for yet another meeting.)

Staff had proposed an ordinance similar to the City of Houston’s, which requires parking lots to provide a written receipt to their patrons. Then if a car is wrongly booted, the patron has proof of payment and can dispute the wrongful booting. Having talked with business owners who have lost customers due to wrongful booting, they like the receipt system because it will protect their customers.

The issue was presented to the Economic Development Committee, of which neither Councilmember Medrano nor I am a voting member. So we could attend the meeting, but could not make a motion or vote on the matter. The committee recommended approval of staff’s proposed ordinance with a significant change: a parking lot owner could EITHER provide a receipt OR use something called “video monitoring.” Video monitoring means the parking lot owner doesn’t issue receipts, but instead a parking attendant opens up the money box and videotapes the money in each slot. In theory, the money box is tamper-proof, and the parking lot owner cannot remove the money from any of the boxes before videotaping (making it look like someone hadn’t paid when they had).

There’s a real problem with that. Unless the city hires money box monitors who regularly inspect the money boxes to ensure they are indeed tamper-proof, there’s no guarantee that the parking lot attendant won’t remove money from boxes, videotape the “empty” payment boxes, then boot the parking patrons who in fact paid. Without a receipt, the parking patrons have no evidence or recourse.

Also, the video monitoring system puts all the evidence in the hands of the (possibly dishonest) parking lot owner, when it is the parking lot customers — the potential victims — who should be protected with proof of payment in their possession.

Councilmember Medrano shares these concerns and, due to the many outstanding questions (including cost of implementing the receipt system, which some have argued is as little as $200 a month), the council agreed to delay the vote on booting until it has been considered again by the Transportation Committee in August.