Federal court tells Billings to reinstate blacklisted towing company
May 13, 2025 | 3:54 pm ET
Description
Former district court judge Russell Fagg, seen in a blue jacket at the counter of Anderson Towing on Feb. 10, 2025 (Screenshot as part of the federal lawsuit).
A federal court has told longtime Billings Police Chief Rich St. John he will have to put a towing company back on the city’s call list.
On May 9, U.S. District Court Judge Donald Molloy granted Anderson Towing’s motion for a preliminary injunction. The lawsuit, filed earlier this year, claims St. John used a personal relationship with former Yellowstone County District Court Judge Russ Fagg to blacklist Anderson Towing from working with the city.
State law dictates the Montana Department of Justice, “establish and maintain an equitable rotation among qualified tow truck operators.” Anderson Towing was suspended from the state tow rotation for six months in October 2024 and permanently removed from the Billings Police Department’s tow rotation in February 2025.
Fagg took issue with Anderson Towing after a car crash in February. He later went to retrieve the car and took issue with the company only accepting cash or cashier’s check.
The company recorded several of its interactions with Fagg, who did pay the bill. He then filed a complaint with the Montana Office of Consumer Protection in Helena.
Billing practices were used as a reason for St. John to take Anderson Towing out of the city’s rotation. The company was told the reason, in a letter, was excessive invoices.
The City of Billings also filed a records request for other complaints about the towing company.
The request discovered complaints including “inconsistencies in disclosing prices, inconsistencies in pick up hours, unreasonable charges,” and went on to say the request had also found complaints citing overcharges.
The tow company had no chance to be heard in regards to their removal from the tow rotation, the court order said. Anderson also told the court the decision by the city of Billings has cost them 15% of their business and about $52,000 in lost revenue per month.
However, the document also said Anderson was unable to show how many customers are gained through the rotation, nor how many tow rotation calls are fielded in any particular month.
Helena, MT