Wrecker service denied injunction in suit against county, judge-executive

By TONY FYFFE

BSN Editor

ASHLAND — A judge last week denied a preliminary injunction to the owners of a Lawrence County wrecker service who filed a federal lawsuit against the county and Judge-Executive Phillip Carter earlier this year.U.S. District Judge David L. Bunning ruled Aug. 31 that a preliminary injunction was not warranted in the suit filed by Billy and Amanda Lemaster. The owners of Lemaster Towing and Recovery sued the county and Carter in February, claiming Carter interfered with the towing company rotation list maintained by the county’s 911 dispatch system as well as the operations of Cherryville Fire and Rescue, where Billy Lemaster served as chief at the time of the allegations.Carter’s alleged interference caused the Lemasters’ wrecker business to experience a “sudden drop” in the number of towing calls it received from 911 dispatch, the lawsuit says.“Currently, Plaintiffs continue to receive zero to one towing calls per month because of the interference with Defendant Carter, and continue to experience conflict at the volunteer fire department where Mr. Lemaster was previously dedicated,” the suit says.The alleged interference was in retaliation for an earlier Facebook post by Billy Lemaster, who criticized the firing of a county EMS employee, the suit says.Carter and the county have denied the allegations and asked that the lawsuit be dismissed. The Lemasters filed a motion for a preliminary injunction in May to reinstate their business to the tow call list, prevent Carter and the county from interfering with the list and to administer the list fairly.The defendants argued that the motion was moot because records indicate that Lemaster Towing and Recovery is currently on the call list and receiving calls. Bunning denied the injunction, ruling that the Lemasters have not demonstrated a “strong likelihood of success on the merits” of their First Amendment claims concerning the Facebook post or that they will suffer irreparable injury if an injunction is not granted.