A new front has opened up in the legal battle between Fountain Square Towing and the City of Bowling Green, with an amended complaint now alleging the city violated the Kentucky Open Meetings law before a first vote last month on a revised towing ordinance.

The complaint was filed by Alan Simpson, the attorney who represents Fountain Square Towing.

It states that city officials violated the open meetings act in the Feb. 17 commission meeting by going into executive session and returning to the meeting with an amendment to an ordinance that would affect towing pricing in Bowling Green.

It also claims city officials violated the act when discussing the proposal in its planning meeting in January this year. No action was taken at that meeting on the ordinance.

“There must be specific and complete notification in the open meeting of any and all topics which are to be discussed during the closed meeting,” the complaint reads. “Executive sessions in secret meetings are not to be used to shield the agency from unwanted or unpleasant public input, interference, or scrutiny.”

The city initially planned to lower the maximum amount for vehicle retrieval from $175 to $75, among other provisions. After lengthy public debate at the Feb. 17 meeting, commissioners went into executive session and came back out with an amendment that would change the cap from $75 to $125.

This proposal and the existing ordinance itself were the focus of a lawsuit brought against the city by Simpson. The suit alleges that city government’s regulation of towing prices is not allowed by state law and describes attempts to control pricing as “socialist.”

Fountain Square Towing and the city have had friction for some time, especially over increased towing in downtown Bowling Green that has led to numerous complaints.

Commissioners in 2014 approved the city’s initial towing ordinance. Tuesday’s vote marks the third time that the ordinance has been amended, and the first time that any price limits have been lowered.

Members of the public were invited to share their thoughts on the revisions to the ordinance, but not on the amendment to the revisions. Since the city by that point had been served with the suit, no commissioners nor any other city officials responded to comments.

Under state law, municipalities may go into executive session for three reasons — to discuss acquisition of real estate, to discuss pending litigation and to discuss appointments or firings of personnel.

If action is taken, officials must reconvene in an open meeting before voting.

“It was obvious that the Board of Commissioners, in the closed session, discussed a change to the proposed ordinance,” the complaint alleges. “ … The formulation of public policy is public business and shall not be conducted in secret.”

City Attorney Hillary Hightower said officials acted in accordance with the open meetings law on Feb. 17.

“We will defend this suit just like we will the first one — aggressively,” she told the Daily News.

Second Reading

“I’m being targeted by the City of Bowling Green.”

This is how Nash began his address to commissioners Tuesday before officials unanimously approved the revisions to the towing ordinance.

The proposed $125 cap is now in place for vehicle retrieval and towing companies must now either boot or tow vehicles parked illegally. Signs in parking lots must be upsized and the $25 after-hours fee for retrieval is gone.

Nash described the ordinance as “illegal” and “unconstitutional,” and called the members of the commission “cowards.”

A former city commissioner, Nash said the current commission is operating in bad faith and off of “bad advice” from Hightower.

“Despite operating lawfully I have been threatened with arrest on multiple occasions … (and) my drivers have been threatened with physical violence on multiple occasions,” Nash said. “People who are doing the threatening … those are the people you are passing this ordinance for.”

Nash also played a voicemail he received from someone who had their car towed. The voicemail contains profanity and makes threats against Nash and his business.

“That’s who you represent,” he said.

Officials did not respond to Nash’s comments. Nash’s attorney Alan Simpson also spoke and vowed to fight the case as long as it goes.

“We’re going to do everything we can in court,” Simpson told officials. “If that means we take this to the Kentucky Supreme Court, so be it.”

Simpson reiterated his views outside City Hall after the vote.

“We’re going to fight this until the fight is over, and we feel very confident that we’re going to win,” he said.

The city has denied wrongdoing in an answer to the suit filed in U.S. District Court on Wednesday.