4OYS booting operation investigation gets results

Posted at: 02/01/2013 9:51 PM
Updated at: 02/01/2013 10:13 PM
By: Gadi Schwartz, KOB Eyewitness News 4

Ever since KOB’s On Your Side booting operation investigation aired we've been flooded with calls and emails with people saying they were furious over the way they were made to fork over cash for a boot.

But now, it looks like the law is on their side. Ever since 4OYS confronted Armando’s Booting - we've been watching whether they are complying with every letter of the law...

Legally they are allowed to boot - now that they have signs up that are legal size, but customers are still angry that they are so quick to boot.

 "They were laughing at us; they were making gestures that I don't think were appropriate,” nearby customers said.

The women ate at McDonald’s and then walked across the street to find some grass for their service dog. When they returned to the parking lot their two cars were booted until we showed up, and the boots were removed for free.

"I think they are talking advantage," one woman said.  

At Central and Yale new signs are also up at Pericos restaurant where earlier this month Steven Quintana was booted.  

"They should be getting a ticket from the city of Albuquerque,” Quintana said.

Quintana told the owners of Perico's last month their signs were not the required 2 feet by 3 feet size.

Since then he has set up a Facebook page and told us he is looking into a class action lawsuit for those booted from August 2011 to now.

"I think that everybody should be entitled to a refund, it was a $60 fine that was wrongfully paid,” he said.

The owner of the boot company at Perico's said he was sorry and admitted they had not looked closely enough at the law. He said he hasn't made a decision on whether he will refund those who they booted.

"We'll do whatever is right,” he said. “Whatever the city thinks is due, whatever the state thinks is due whatever the judge thinks is due."

The city says it has no plans to prosecute illegal booters but has told companies to stop booting until they follow the law.

People who have been booted may choose to try and file misdemeanor charges against the booters themselves.

4OYS has also heard reports that some companies are beginning to give refunds or at least partial refunds on a case by case basis.