U.S. Department of Justice
U.S. Department of Justice
01/08/2024 | Press release | Distributed by Public on 01/08/2024 21:34
Justice Department Reaches Settlement with City of El Paso, Texas, and Its Contractors for Auctioning Over 170 Vehicles Owned by Servicemembers
The Justice Department today announced that it has reached settlements with the City of El Paso, Texas (the City); United Road Towing Inc., doing business as UR Vehicle Management Solutions (URT); and Rod Robertson Enterprises Inc (RRE) to resolve allegations that they violated the Servicemembers Civil Relief Act (SCRA). The United States' complaint, which was filed on Feb. 2, 2023, alleges that the City and its contractors auctioned or otherwise disposed of over 170 vehicles owned by protected servicemembers without first obtaining court orders allowing them to do so.
"Members of our armed forces should not have to worry about their cars being auctioned off while they are on the front lines defending our freedoms, liberties and rights," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "These settlements should send a strong message to other cities that they should not take advantage of the rights of our servicemembers while they are defending us from harm.
"My office is committed to safeguarding the rights of servicemembers who call the Western District of Texas home," said U.S. Attorney Jaime Esparza for the Western District of Texas. "I am proud of our partnership with the Civil Rights Division and our work fighting for the men and women in this district who have been deployed overseas."
Under the agreements, which are subject to court approval, the City must develop new policies and procedures to ensure that contractors who are responsible for auctioning or otherwise disposing of impounded vehicles comply with the SCRA in the future. The City is also responsible for the payment of a $20,000 civil penalty.
RRE, which was the City's contractor from January 2015 until April 2019, must establish a $140,000 settlement fund to compensate the affected servicemembers and pay a $20,000 civil penalty.
URT, which has been the City's contractor since June 2019, must establish a $57,395 settlement fund to compensate servicemembers, pay a $24,980 civil penalty, provide SCRA training to its employees, adopt policies and procedures to investigate the military status of any registered owner prior to auctioning a vehicle and obtain a court order or a valid SCRA waiver prior to auctioning a vehicle owned by a protected servicemember.
The department launched its investigation after receiving a complaint from U.S. Army Lieutenant Colonel Lisa Dechent. While she was deployed to Afghanistan, the City had her 2016 White Chevrolet Silverado truck towed to the impound lot. URT sold it at auction for $6,200, without obtaining the court order required by the SCRA. At the time of the auction, Lieutenant Colonel Dechent still owed approximately $13,000 on the loan she had used to finance the purchase of the truck.
The department's enforcement of the SCRA is conducted by the Civil Rights Division's Housing and Civil Enforcement Section and U.S. Attorneys' Offices throughout the country. Since 2011, the department has obtained over $481 million in monetary relief for over 147,000 servicemembers through its enforcement of the SCRA. For more information about the department's SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/.