MEMORANDUM & ORDER Plaintiff Certified Collision Experts, Inc. brought this action asserting that Defendant Town of Babylon (“Defendant” or the “Town”) violated Plaintiff’s Equal Protection rights under the Fourteenth Amendment of the United States Constitution by refusing to place Plaintiff on certain municipal towing rosters for 2021 and 2022. (See generally, Am. Compl., ECF No. 18.) Presently before the Court is Defendant’s motion to dismiss this action under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (ECF No. 19). As set forth below, the motion is GRANTED. I. BACKGROUND A. Facts The facts set forth herein are taken from Plaintiff’s Amended Complaint, documents incorporated by reference in or integral to that pleading, and matters of which the Court may take judicial notice.1 See, e.g., Clark v. Hanley, 89 F.4th 78, 93 (2d Cir. 2023). 1. The Parties Plaintiff “is engaged in the business of operating towing vehicles, pursuant to ‘rotation lists.’” (Am. Compl., ECF No. 18 6.) The Town is a municipality in Suffolk County, New York that maintains two rotating towing lists (“Tow Lists”) under its “Code and regulations.” (Id.
3, 8); see Town of Babylon Code §198-1 et seq. They are (1) the “non-accident roster” for towing “vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic” and (2) the “accident roster” for towing disabled vehicles involved in accidents.2 Town of Babylon Code §§198-16, 198-17. Tow companies are dispatched in the order in which they appear on the Tow Lists, which “spread[s] towing work fairly and equitably” among those on the lists. (Am. Compl., ECF No. 18 7); see Town of Babylon Code §§198-16, 198-21. A company called from the Tow Lists “receive[s] payment for conducting the actual tow” and may “have the towed car repaired at the entit[y's] auto-body repair facility.” (Am. Compl., ECF No. 18 9.) 2. Plaintiff’s December 2019 Administrative Hearing with the Town In December 2019, a Town administrative hearing took place concerning allegations that Plaintiff billed a client in August 2019 “for storage of parts” and “cleaning up leaking fluid” in contravention of the Town Code. (Def.’s Mot. Dismiss Ex. D, ECF No. 19-7); see Town of Babylon Code §§198-5, 198-17(E). Plaintiff’s owner confirmed at the hearing that she produced the subject invoice. (Def.’s Mot. Dismiss Ex. D, ECF No. 19-7.) In January 2020, the Hearing Officer issued a report finding that, due to Plaintiff’s “own admission and evidence,” Plaintiff committed billing misconduct. (Id.) The report also noted that two 2018 hearings resulted in a similar determination that Plaintiff engaged in billing practices that contravened the Town Code. (Id.) Given those circumstances, the Hearing Officer recommended that Plaintiff’s towing license be suspended for six months. (Id.) In February 2020, the Town Clerk sent Plaintiff a letter stating that he adopted the report, that the six-month suspension began effective January 1, 2020, and that Plaintiff could reapply for a towing license on June 1, 2020. (Id.) 3. Plaintiff’s 2021 Tow Lists Application In February 2021, Plaintiff’s representative delivered to the Town Clerk’s office a Tow Lists application for that year. (Am. Compl., ECF No. 18 11.) Approximately one week later, the Town Clerk allegedly told Plaintiff’s representative, “[b]e careful what you’re doing — because they want to get rid of you.” (Id. 12.) The Town never granted Plaintiff’s application to be on the 2021 Tow Lists. (Id. 27.) The Amended Complaint does not specify why that application was not granted. Plaintiff’s inquiries, described below, into whether other companies on the Tow Lists submitted special use permits indicates that Plaintiff believes its 2021 Tow Lists application was not granted for lacking a special use permit. (See id.
