Exclusive: Lawsuit alleges Freeport illegally seized, sometimes sold, vehicles without owner’s knowledge
The lawsuit alleges the village adopted a 2016 policy to seize vehicles without a warrant, which turned into an alleged “seizure-for-profit and kickback scheme."
A federal class action lawsuit alleges the Village of Freeport illegally took thousands of vehicles from their owners and, in some cases, sold the vehicles without the owners’ knowledge.
The lawsuit alleges the village adopted a 2016 policy to seize vehicles without a warrant, which turned into an alleged “seizure-for-profit and kickback scheme."
The suit goes on to say vehicles seized are (1) those that have three or more outstanding parking tickets or (2) those that have an expired or suspended registration.
"They will seize your car without a warrant. They will tell you you have 10 days to pick it up. And if you don't they'll sell it and keep the money,” said Andrew Campanelli.
Campanelli is the attorney behind the class action lawsuit.
For Paul Whaley, of Oceanside, it all started when a Freeport police officer came into his job in March.
"An officer came into my job asking for me and he was like, 'You have unpaid parking tickets and we're taking your car,'" he said.
Police said he would have to pay $560 in cash that day to get his vehicle.
He couldn’t and the vehicle was held until he could pay for it.
He went to get the vehicle in May and was shocked by the price the tow company gave him for the impound cost, $3,568.
"When I saw that at the impound place, I almost threw up,” he said.
The suit alleges Freeport charges tow truck companies to tow away vehicles identified by Freeport police -- without a warrant.
It also says the village made over $934,000 in alleged kickbacks from the tow companies.
"[The tow truck companies] get to charge the owner pretty much whatever they want,” said Campanelli. “We have records that show they towed a truck and held it for one day and they charged the owner $1,900."
Toyota sued Freeport in 2023, alleging the same 4th, 5th, and 14th amendment violations.
A federal judge in Central Islip agreed, saying the Freeport policy was unconstitutional.
"Everything that the federal court said a municipality can't do, Freeport does,” said Campanelli.
Freeport Village attorney Howard Colton denied the claims.
In a statement to News 12, he said, “The Village of Freeport unequivocally rejects the baseless allegations made in the recent federal lawsuit. At no point has the Village engaged in any “seizure-for-profit” or “kickback” schemes, and such claims are outright false and without merit. While we cannot comment on ongoing litigation, let it be clear that the Village will vigorously defend against this action. We are confident that the legal process will expose the falsehood of these allegations.”
Campanelli says they also have evidence that at least 200 vehicle owners had their cars sold without their knowledge after being seized.
"I think it's very unfair and just taking advantage of people,” said Whaley.
Campanelli says vehicle owners should contact his firm at 516-746-1600 if they feel they may qualify as part of the class action lawsuit.
