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In the case of City of Columbus, et al. v. Ours Garage and Wrecker Service, Inc., et al., 2001, the U.S Supreme Court ruled that local governments have the authority to regulate towing companies even if they are already regulated by federal law. The dispute began when Ours Garage sued Columbus for enforcing its own regulations on tow truck operations which were stricter than those set by federal law under the Interstate Commerce Act (ICA). The garage argued that these local laws were preempted by federal regulation. However, in a unanimous decision led by Justice Clarence Thomas, it was held that while ICA does limit states' power over motor carriers’ routes and services prices; it doesn't prevent them from exercising safety regulatory authority over motor vehicles engaged in intrastate transport - including tow trucks.
In the dissenting opinion for City of Columbus v. Ours Garage and Wrecker Service, Inc., Justice Scalia argued that federal law does not preempt local safety regulations on towing companies. He contended that the majority's interpretation of the Federal Aviation Administration Authorization Act (FAAAA) was too broad and inconsistent with Congress' intent. According to him, Congress aimed to prevent states from enacting laws related to prices, routes or services of motor carriers but did not intend to bar them from imposing safety regulations on these businesses. Therefore, he believed that Columbus’ licensing scheme should be considered a legitimate exercise of its police powers rather than an intrusion into an area pre-empted by federal legislation.