The state has shut down a Kent towing company that impounded vehicles off private lots without getting the landlord's express approval for each tow — a violation of state law.

The owner of West Coast Towing, John Tillison, had argued that he didn't need the state's permission to do so-called "patrol towing." He filed a federal lawsuit to that effect.

He lost the case in U.S. District Court in Tacoma but has appealed. Tillison also pursued an administrative appeal of a cease-and-desist order that the state issued last year.

In a final order in that case made public yesterday, Fred Stephens, director of the state Department of Licensing, made the cease-and-desist order permanent. He also imposed a $10,000 penalty on Tillison, revoked his towing license and ordered that Tillison must wait 10 years before he can reapply for one.

Tillison can appeal the order to Superior Court. Neither he nor his attorney responded to phone messages yesterday.

A West Coast Towing dispatcher told Kent police that the business moved legally parked cars into illegal spots, such as fire lanes, to tow them. In an interview last March, Tillison disputed the allegations.

He also contended that blanket authorizations for patrol towing were effective to remove trespassing vehicles and to enforce property rights — a position endorsed by some apartment-complex property managers. But consumer advocates and towing-industry spokesmen frown on the practice, noting the conflict of interest created when towing companies are in charge of deciding whom to tow.

King County Superior Court records show that Tillison's landlord evicted him from the Kent property he was renting to run West Coast. On Jan. 14, he was ordered to pay $29,930.47 in restitution; $3,500 in attorney's fees; $328.04 in costs; plus $200 a day from that day forward.

Meantime, Licensing Department files show that after Tillison was told to stop patrol towing, he started "booting" vehicles without a specific authorization from the property owner at the time of each clamping. A boot is a device attached to the wheel to immobilize the vehicle. Tillison would remove the boot only "after the owner paid a sum of money, typically $200," according to the Licensing Department.

Tillison argued that booting vehicles did not violate the temporary cease-and-desist order. But a hearing officer, as well as Stephens, concluded that booting constitutes an impound as defined by state law.

That finding could be significant in light of a new cease-and-desist case the department filed earlier this month against Clampdown Washington, a Seattle company that was booting cars on private lots using blanket authorizations. In that action, the state contended that booting amounted to immobilizing a vehicle in place, for which Clampdown Washington owner Jason Rassaian needed a towing license.

No state law specifically addresses clamping. But Licensing Department officials have interpreted statutes to mean that clamping on private property is illegal, period, so that not even towing companies can do it. Rassaian has indicated he plans to appeal.

Peter Lewis: 206-464-2217 or plewis@seattletimes.com