Leonard’s Bakery is leaving a bad taste in some customers’ mouths — not over its malasadas, but for the strict policy of booting vehicles in its parking lot that don’t belong to "active customers."
"I’m 12 weeks pregnant, and I had a craving for malasadas so we went to Leonard’s," said Lorea Wong, 29, of Kalihi. "I needed to change my daughter’s diaper, and my cousin and my husband went to (a nearby) ATM (for cash to buy malasadas). So I’m changing the diaper, and this guy came and booted the car."
Booting, or clamping the wheel of a vehicle so it can’t be driven, isn’t new on Oahu. Booting at Manoa Marketplace in June caused an uproar and ultimately was discontinued. But now the practice may be spreading.
Wong claims their car was booted while it was running with her in it changing her 16-month-old’s diaper. She said her husband and cousin came back within five minutes. She had to come up with $160 in cash within one hour, or the car would be towed. And according to Wong, three other cars were also getting the boot while they were there.
Sean Starn, owner of Hawaii Boot Removal, said he has a crew at Leonard’s to watch whether customers step off the property.
That’s when they get the boot.
His crew is also stationed at a building next door, 909 Kapahulu, where Karaoke Hut, On On Chinese Restaurant, a surf shop and a pizza place are located.
Starn is expanding his business after getting his start at a privately owned Waikiki pay lot, and he now has two lots. He said he received six more requests from private lots in Waikiki and the Queen Street area, and has also gotten inquiries from shopping centers, grocery store chains, townhouses and high-rises.
But people are questioning his wheel-clamping tactics.
Wong said neither the boot worker nor a Leonard’s employee showed any sympathy for a pregnant woman who just wanted doughnuts.
"We had full intentions of going in," she said. "This is just heartless."
Before 9 a.m. there’s a line to get into the Leonard’s parking lot, and people park at 909 Kapahulu, where businesses don’t open till later.
The practice of booting got started at 909 Kapahulu because of a problem with Leonard’s customers.
A manager of Karaoke Hut, who asked not to be named, said Leonard’s customers who park in their lot are "killing our business."
"We have groups of 30 come in, and six different private rooms," he said. "Our parking’s already so limited. … People come in for a room and there’s nowhere to park. What do they do? They turn away."
Starn said his company was hired by Leonard’s and 909 Kapahulu about three months ago, but he only registered the trade name, Hawaii Boot Removal, with the state Business Registration Division to his company, Courtesy Valet Service Inc., on Oct. 29. Its stated purpose: parking management.
"We’re there to protect the owners of the places," he said. "It’s saving them the trip to the tow yard and a cab ride. It may seem to some people as an aggressive tactic."
William Hill, a spokesman for Leonard’s Bakery, said he has no knowledge of a contract with Hawaii Boot Removal, but confirmed it does have a contract with Booda Towing and Recovery LLC, owned by Tracy Ing.
"Parking is at a premium," he said. "We have a lot of people parking in our parking lot and are not buying pastries. They go to different stores. … Our customers don’t have a place to park."
He said there was a "snowball effect," and their customers were parking at 909 Kapahulu, so they attempted to handle the problem using the same tow company.
As long as someone is in the car, "I don’t believe there is a viable reason to boot or tow," Hill said. "That’s not us. … It just happened with this particular couple. I’m very, very sorry."
Booda Towing’s dispatcher said it has nothing to do with the booting; it just tows, sometimes with the boot on. The owner of Booda Towing did not return calls to the Star-Advertiser.
In June a Manoa Marketplace spokesman identified Booda Towing as the boot installer, but a Booda employee denied that. Starn said his company was not involved in the Manoa Marketplace wheel-clamping.
Booda Towing has two complaints against it filed at the state Department of Commerce and Consumer Affairs, but the agency cannot discuss ongoing investigations.
The DCCA issued three warning letters in 2009 against Courtesy Valet Service LLC, which shut down but re-emerged under a similar name as a corporation.
Hill said the bakery is considering discontinuing the practice of booting.
"The amount of negativity we’ve had in the last couple of weeks has gone through the roof," he said.
Starn said it doesn’t take long to remove the boot.
All people need to do is call their dispatch office and "our guys will release it."
But he won’t have the boot removed if the person calls and is irate.
"I don’t send someone if they’re screaming, swearing or refusing to pay," he said. "Call me when you’re calm. Call me when you’re willing to pay."
Bruce Kim, executive director of the Office of Consumer Protection of the DCCA, said his office will investigate any complaints of booting it receives.
He said an argument could be made that the law allows only towing as a remedy for dealing with vehicles left unattended on private and public property and that there is no provision for booting.
"The only thing it allows is towing," he said. "It doesn’t permit booting. There was no intention by the Legislature to allow any other mechanism other than towing."
Kim also noted under the law, tow companies must accept cash, credit cards or allow customers to use an ATM on their premises. There is also a $75 maximum for towing, plus allowable mileage, storage and overtime fees.
The Honolulu Police Department’s position is that it is a civil matter, so officers do not get involved, an HPD spokeswoman said.
City Deputy Corporation Counsel Duane Pang said booting is a private matter between two parties. "There’s no difference than towing a vehicle."
"HPD shouldn’t be involved" other than to protect people’s safety or calm down a situation, Pang said.
He said he could not think of any violation being committed by those booting a car and charging someone for it.
"Maybe there should be some regulation," he said. "They may cross the line at some point to extortion," he said, but declined to speculate since he is not a criminal lawyer.
He said other jurisdictions allow police to boot vehicles, and the City Council has considered the practice of booting on public streets.
