Georgia Supreme Court Hears Oral Argument of Booting Class Actions

RCC WESLEY CHAPEL CROSSING, LLC et al. v. ALLEN

August 25, 2021

The Georgia Supreme Court heard oral argument in a class action filed by the Wetherington Law Firm involving vehicle booting.  The Supreme Court asked the following question on cert:

Is there a common law right that permits private property owners to immobilize vehicles that are not authorized to be on their property?

Booting requires the owner of the vehicle to pay to have the immobilization device removed. Common law is the body of law derived from judicial
decisions rather than from statutes. The class action suit was filed in Clayton County State Court in 2018 by Forrest Allen, a private citizen, on behalf of himself and others who had their cars booted at the shopping center. The state court certified Allen to represent the interests of himself and other members of the class, and the Georgia Court of Appeals affirmed the lower court’s decision. Several vehicle booting companies have filed amicus briefs—statements of position filed in a case by parties not directly involved but who may have interests affected by the case’s outcome—in support of Wesley Chapel.  If you are interested in banning vehicle booting in your community, you can download model legislative language here.