Philly City Council moves to regulate windshield barnacles after court blocks police enforcement
PHILADELPHIA (WPVI) -- Philadelphia City Council is once again taking up the debate over windshield "barnacles," turning to legislation after a judge blocked police from enforcing a directive governing their use in private parking lots.
The renewed focus follows a court injunction that halted a police directive treating barnacles used on private property the same as towing across the city. With enforcement paused, lawmakers are now stepping in to consider citywide rules for the controversial devices.
Beth Dyson said a barnacle was placed on her car last week in a private lot on the 1400 block of Callowhill Street after she accidentally paid for parking for her husband's vehicle instead of her own. After explaining the mix-up, she said she hoped for relief from a $200 charge but was offered only a partial reduction and required to pay $50 to have the device removed.
"There's this other woman who was there. She's like, 'I'm just watching.' There's someone in the parking lot waiting, and it felt very predatory. Like, it felt that you were not actually looking to - you already made money off the parking spot - you're looking to exploit what happened," Dyson said.
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The company that placed the barnacle, Bob's Sponges, sued the city late last year over enforcement. The company is represented by attorney Kevin Mincey, who said the lawsuit was prompted by police action tied to the now-blocked directive.
A judge issued an injunction preventing the city from enforcing the directive, which treated barnacles in private lots like towing elsewhere in Philadelphia.
"Barnacle use is legal," Mincey said.
Councilwoman Cindy Bass, who represents the city's 8th District, disagreed with that characterization.
"I wouldn't go that far," Bass said. "I won't say they're legal, but I will say they are unregulated."
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A little more than two months after the ruling, Bass has introduced legislation in City Council to regulate barnacles across Philadelphia, taking a similar approach to what police had attempted to enforce through the directive. The bill would classify barnacles alongside other immobilization devices, such as towing or boots, and would require a police-issued ticket before a barnacle could be used.
"This came to City Council's attention years ago, as you mentioned, and now is the time to act and to get it regulated before it goes any further," Bass said.
"This has never been far away from the consciousness of City Council. I can tell you that we hear about it. We continue to hear about it and so now we're stepping forward to take action and doing something about it," the councilwoman added.
Mincey said a legislative solution is what Bob's Sponges has sought all along.
"This is exactly why we had to bring that lawsuit, because all we wanted was really for there to be a fair legislative process and for Bob Sponges and Miss Harrison to have an opportunity to participate in that process," he said.
"The fact that they have now done what we told the court they needed to do - which is advance this legislation - is a victory for us and we're happy to be a part of the process going forward."
Bass said she expects to have "very robust conversations with the barnacle and towing industry." Meanwhile, residents like Dyson remain critical of the company's practices.
"They want fairness, the citizens want fairness, but having predatory behavior does not feel like fairness," she said.
Bass's bill was just introduced on Thursday, and she said it could change before a final version reaches the full City Council, possibly sometime this spring.
