Mayor at loss to solve city’s booting issue; Tumlin, DMDA chair Browning plan to call town hall meeting about parking dilemma
by Jon Gillooly
jgillooly@mdjonline.com
Oct 29, 2011 | 5331 views | 42 42 comments | 18 18 recommendations | email to a friend | print
Phillip Duke, left, owner of Lucky Draw Tattoo and Gallery, and Gary Leake, owner of Johnnie MacCracken's Pub, say aggressive booting of cars parked in the lot near their respective businesses, background, is driving away business from the Marietta Square.<br>Staff/Jon-Michael Sullivan
Phillip Duke, left, owner of Lucky Draw Tattoo and Gallery, and Gary Leake, owner of Johnnie MacCracken's Pub, say aggressive booting of cars parked in the lot near their respective businesses, background, is driving away business from the Marietta Square.
Staff/Jon-Michael Sullivan
slideshow
MARIETTA — With anger escalating at the operators of a parking lot around the corner from Johnnie MacCracken’s Pub off the Marietta Square who aggressively boot vehicles, Mayor Steve Tumlin and Downtown Marietta Development Authority Chairman Tom Browning plan to call a town hall meeting about downtown traffic problems in November.

A time and date will be announced shortly.

Tumlin said he is at a loss of what to do over the booting matter and wants to hear from business owners about that and other downtown parking problems.

“I can’t seem to find consensus on how to address the booting issue,” Tumlin said. “The heat of the complaints that come from our town visitors come in with the fact that it happens so quick, and I don’t think we could ever legislate that.”

The parking lot in question, which spans the rear of several businesses that front Atlanta Street, is operated by Bret Tillman. Tillman has told the City Council that his father, Bob Tillman, and several business partners own the lot and a nearby building that houses offices and an art studio. Tillman argues that there is a nearby parking lot where anyone can pay $5 to park, but that drivers would rather park in his lot for free. So he charges $125 minimum to remove the boot, and if the car remains in the parking lot longer than a few hours, he has it towed.

“We don’t want people parking in that lot,” Tillman said. “We have tenants that pay a lot of money every month to have that parking lot free and clear of illegal parkers so they and their family and their customers and their guests can park there. When Johnnie MacCracken’s customers and anybody else’s customers park there, it’s always a bunch of broken beer bottles and used condoms and dope baggies and all that kind of stuff out there in the parking lot. The owners of the building have to pay somebody to clean that up.”

Since booting is unregulated in the city, the Council voted in June to allow parking lot owners to charge a maximum of $125 to unboot the cars of those they “boot” for parking illegally on their property, but Tumlin vetoed the 4-3 vote, saying the fee was too high. He also objected to that fact that Councilman Philip Goldstein, whose family is one the largest downtown property owners, participated in the vote. Goldstein says he has cars that improperly park on his property towed, not booted.

Tumlin’s veto meant parking owners may continue to charge whatever fee they want.

Like Tumlin, Browning isn’t sure what to do about booting, although “I’ve had a ton of complaints at my office, and it’s not even on our property. It’s across the street.”

Browning advocates installing downtown parking meters that accept payment by way of credit card. Whether the city or DMDA controls the meter revenues doesn’t matter, as long as it goes to pay for a parking deck on the west side of the Square, he said.

Tumlin said he sees the advantages of installing meters for downtown parking.

“I favor it,” Tumlin said. “It gets us a source of revenue where we could have a bond issue to address everything from quiet zones to additional parking.”

Tumlin said he could support a deal that allows the DMDA to have the revenues from the parking meters for a new deck in exchange for giving the city the DMDA-owned Kennesaw House.

“I would like for the city to own the Kennesaw House because we have a lot of things that are dependent on the city that could be housed there,” Tumlin said.

Meanwhile, business owners such as Gary Leake of Johnnie MacCracken’s Pub and Phillip Duke of Lucky Draw Tattoo & Gallery say something must be done to stop Tillman from driving away their business.

Duke said during an adopt-a-pet festival earlier this month, Tillman booted 17 cars during a 9-hour period.

“First off they have cameras everywhere, and they watch you park and get out,” Duke said. “As soon as you break the corner, a kid runs out and boots your car.”

Then there’s the drain it takes on using police time, he said.

“They are there every day, two or three times, with very upset shoppers and patrons that have come back from a fine day shopping, eating, etc. to find that they were booted and now are too broke to spend a dime more at the Square,” Duke said.

Even pregnant women are not exempt. On July 4 Duke said he noticed a pregnant woman with a small child whose car had a flat tire.

“She pulled over beside the building on the street side, and while she was waiting for AAA they booted her,” he said.

In fact, Tillman said he’s had several pregnant women booted.

“Everyone’s treated equally,” Tillman said. “I can’t just let some people park there and some people not. It’s discrimination is what it is.”

Duke referenced the City Council’s unanimous approval on Oct. 12 to grant a special land use permit to Stacy Tillman, allowing her to operate a towing business on a quarter of an acre lot she’s leasing in the Commerce Park office complex off Fairground Street and the South Loop.

“So here is what’s going on now: If you get booted and do not get back in 30 minutes or so, they come tow you to their lot one mile away and charge you a tow fee, a boot fee and a lot fee and open up the space for another booting victim for their sneaky camera kid to catch and wrangle with his booting skills,” Duke said.

Both Duke and Leake say their problem is not with booting in and of itself, but that Tillman fails to display prominent signs warning people not to park there and fails to chain off the parking lot.

“The Tillmans want you to park there, and they make way more money this way,” he said.
Comments
(42)
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Lucky Draw Tattoo
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December 12, 2011
Tonight 12-12-11 we have city council meeting on the booting issue if you have been BOOTED please come vent to the city about your great day at the square ruined by the BOOT DEVIL.... 6:30ish at city hall
Michael Leidel
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November 02, 2011
Cars are private property too. What I say to the owners and their cronies is FIND AN HONEST WAY TO MAKE A LIVING!

your mama
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November 02, 2011
Title 44, Section 44-1-13

f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any such vehicle or trespassing personal property except upon call by such person in possession of such private property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm to pay to any private property owner or one in possession of private property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private property

Any lawyers out there? not sure I'm reading this right? If i am? I'm starting a class action suit against said party... BOOT DEVIL
concerned public
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November 01, 2011
I have worked around the square for the past 9 years. I have never been booted and have learned where to park and where not to park. However, I think we are sending visitors to our square the wrong message when someone is spying on them and waiting in the wings to boot/tow their car. I am also happy to see some added diversity around the square like the tattoo shop and McCrakens. Welcome to the area...ignore those old-school stuffed shirts and thanks for being here!
Just my 2 cents
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November 01, 2011
It doesn't matter if it's a patron of the shop owners on the square or a junkie just passing through. Trash is trash and how can anyone point the finger at these establishments because of trash found in the parking lots NEAR the area.



I've been in downtown Marietta on many occasions and find that free parking around the square is limited. And me personally if I'm going to spend only 30 mins to 2 hours in the square shopping, why would I park where I have to pay a flat price of $5? I can park at the Hartsfield Atlanta airport for cheaper!!! Someone seriously needs to resolve the issue. I didn't have any option when I had jury duty, but to pay for my parking; while I was only making $25 per day might I add. I've received parking tickets, because signs were blocked near loading zones around the square. I would love to come to the square more often, but it's inconvienent to find free parking (or affordable). Why would I or anyone else go out of their way to visit ANY shops on the square? This of course forces many GOOD shops to close because NO ONE wants to take a chance to get booted or towed. That is of course unless they have fat pockets like the Tillman's. It must be nice to have all the unreport income and no one to stop me from making it.
Tummy
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December 18, 2011
Did you read you jury duty summons? Parking is free in the government lots.

"Parking

Free parking is provided to those summoned for jury duty and special parking locations are available to handicap jurors. (See map) Please bring your portion of your juror summons to use each day as a parking pass into these lots. "

http://statecourtadmin.cobbcountyga.gov/

http://statecourtadmin.cobbcountyga.gov/downloads/StateCourtParking.pdf

steal steal steal
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November 01, 2011
If you ask me, the parking boot fee will be the least of your worries if you ever use a card at McCracken's. I think they are undoubtedly in on the boot fee profits. If you get a boot and stop going to McCracken's because of it, consider the boot to be a gift to you!!!
Pay For My Car
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November 01, 2011
Everyone should pay their own way. Except for me and my car. I am the Queen and deserve to do what I want. You don't know me. The multiple signs clearly stating private parking, do not park, you will be booted do not apply to me! I am above all of it because I am from East Cobb or West Cobb. You dare not protect your property from my thieving ways. I am entitled!!! I am the QUEEN! Parking lots are all free for me whenever I think they should be. Property owners bow down before my motorized vehicle! In it I rule the roads and I rule your parking lot. I deserve to be above you and your parking lot. I deserve not to have to be aware of other people's property rights. I deserve to be given a pass when I arrive already drunk at the bar and don't care about the sign and even boast about what I will do if they DARE to boot my vehicle! I am the QUEEN OF COBB! Boot me NOT! And by the way when is Obama going to be out of office so I can stop paying everyone else's way? Everyone else is supposed to PAY MY WAY! Remember to vote Republican in the upcoming election if you believe in property rights and welfare for yourself but not for others.
From where I stand..
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October 31, 2011
I work in the RBC building across the street and use the side entrance and from where I stand, I can clearly read the WARNING! NO PARKING! sign. There is a $5 lot right smack next Tillman's lot. There is free parking around the Square and along the side streets. There is $3 courthouse parking. People, if something is too good to be true, then it is.

HOWEVER, I do think it's shameful to boot a woman waiting on AAA who had the bad luck to get a flat in front of that lot.
square
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October 31, 2011
If I were Johnnie McCrakens I would put up a huge sign out back that warned people not to park there. This is obviously a money grab, so I'd try to cut off the money.
What the!?
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October 31, 2011
As often as I spend $$ at Johnnie MacCrackens and am glad to see Lucky Draw on the Square (sorry about the awning controversy) I have to side with the property owner.

I spend $$ at Just Kil'n time too. Had my daughter's b'day party there, and took my Mom & sister there when they were visiting from out of town just a couple weeks ago. Parked there yesterday in-fact to pick the finished pottery AND watch the zombie walk. They were more than happy to let us park for almost 3 hours boot-free.

Why? Because we were patrons of business that PAYS to have a lot.

I see the signs when I park there. They're obvious. Really, they are.

Mr Duke and Mr Leake both were both fully aware of the limited availability of free parking near their businesses when they set up shop (and expanded).

I feel for ya, but have no pity.

CobbCountyRedneck
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October 31, 2011
@Ronald Kingsley

Would you REALLY shoot someone for messing with you car?

If you absolutely feel the need to do something, just grow some cahunas and beat the crap out of them!!!

I own a number of firearms and I have them and will use them for self defense.

However, there is NO WAY that I would shoot anyone unless they were obviously threatening me or my loved ones with imminent bodily harm.

Take my word for it if you were to even draw your weapon to prevent someone from booting your car, much less discharge it you would be in jail so fast it would make your head spin. And rightfully so!

You are the type of person who gives Republicans and SANE gun owners like myself a bad name!!!

Your neighbors must be very nervous!!

Mr. Ronald Kingsley, don't be surprised if you get a visit from the Marietta cops in the near future.
NAMTAH
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October 31, 2011
There is free (after hours) parking in the deck at the corner of Cherokee and Dobbs, next to Bank of America. We always park there when visiting the square. Easy. The city needs to put more signs up pointing patrons to this deck. Hey - maybe the owner of the parking lot in question could put one up too. Yeah right($$$).
NotMarietta
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October 31, 2011
I took my daughter and granddaughters to the cupcake shop on the Square on a Sat. in August. I skipped the court parking, and parked behind Just Kiln Time pottery shop. No signs about parking in that lot from the direction I came. We got back with cupcakes to see a boot on my tire. Then we had to wait over 30 min. for the guy to come to get the money and get the boot off. He said he didn't see us standing in the shade.

We will not shop again in Marietta Square - any shop, any time. And I have told everyone about this.ac $125 CASH - are you kidding?
Hobnail Boot
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October 31, 2011
Bob and Brett Tillman are without a doubt slimeballs and extortionists, but Chuck Clark - the owner of the building and husband of Judge Mary Staley - deserves a hobnail boot to the pants for hiring these guys to do this on his property, or for allowing his tenants to hire them. Chuck and the Tillmans can scream until their face is blue about property rights and trespassers, but the bottom line is this operation is all about extorting money out of people who are coming to do business on the Square. If they wanted to keep people out of the parking lot, then a security gate or even a simple chain and padlock would be a cheap and easy solution to keeping out trespassers. But that isn't what they really want. They want people to park there so they can take their money. This is only about easy money and nothing else. The Tilmmans are making big bucks and Chuck and Judge Staley are getting a cut. Shame on them.
Corey Hitchcock
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October 31, 2011
I have frequented Johnnie Maccrackens regularly for several years now. I know Gary well and with that said my opinions of the situation are clearly biased. In te time I've spent there I've know Gary to be a steward of the Marietta Square. His public house is the place most unlikely to have any illegal activity take place there. Gary has taken a proactive role to ensure that his business remains clean. I've personally seen this in deeds and actions. This parking issue is simply that. A parking issue. It has nothing to do with illegal or nefarious activities going on in the parking lot. It has everything to do with swindling people out of their hard earned money. I think the folks that are running the booting/parking lot business are just in it for the money. Take East Atlanta Village for instance. There are several parking lots that during the day are for specific businesses and at night are free parking for the other businesses that remain open after normal business hours (mostly bars). Thy here is a relationship that exists with the property owners that is beneficial to both. Something like that could work here if the real issue was illegal parking. If you don't want people parking there then block the entrance. Post signage and be done with it. This is simply a legalized extortion method. I fully support the rights of property owners. But property owner rights don't include extorting people for financial gain.
Square Resident
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October 31, 2011
Read the article all the way to the bottom people. This Tillman guy is an obvious scammer. He owns the lot, and his sister or wife Stacey owns a towing business that gets all the revenue from booting and towing these cars. HE WANTS YOU TO PARK THERE!!! How much would it cost him to put up a chain to close it off during non-business hours? Barely anything, but he doesn't want to do that. WHY?!!! Oh then he can't boot and tow people and make a killing doing it. What a pitiful little human being he must be. I hope he enjoys that money where he's going when he dies.....
starbursty
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October 31, 2011
some of these comments are ridiculous. its not only the bar customers getting booted. these are parents taking their kids to see santa and the easter bunny and going to festivals on the square. these are also first time visitors that will never come back and just arent the ones complaining.

have you seen the signs?? there are no large obvious signs. i found 1 small sign and one that could easily be obstructed.

i would like to know why its a cash only business, and how much they are paying in taxes on this "business"

are taxes being paid??
anonymous
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October 30, 2011
Don't go. We don't and I'm so close I can walk.
Ronald Kingsly
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October 30, 2011
Tell you what, Georgia is a right to bear arms state. If my car, or my wife's car, breaks down in front of Tillman's parking lot I will be standing outside with my gun in hand waiting on them to lay a single finger on my freakin' car. Please be my guest and let's see just how quickly you'll draw back a nub! Freaking ridiculous jerks! You make me ashamed to be Republican.
business owner
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October 29, 2011
Just another reason why the SQUARE is dead. The SQUARE is not and never has been visitor friendly.

Parking meters? Really? The city would make more if there were more visitors. How about free parking on the weekends? Or outlaw booting? Which is just another scam.
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