Town’s ‘free air’ legislation prompts threat of a lawsuit

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Last week, the Town of Hempstead announced new legislation that prohibits gas stations from charging customers for compressed air to inflate their tires. The measure has prompted a potential lawsuit from one Long Island supplier, who says the service doesn’t “come out of thin air.”

Bill McCabe, president of SSVE, a company that manufactures, installs and maintains compressed-air machines in eight states, said he has nearly 300 machines in gas stations in the township alone. The legislation, he claims, is detrimental to his business, which has been operating in the township for 33 years. His company also manufactures and supplies gas station vacuums.

McCabe argues that he has built a profitable business based on a 1991 agreement that amended a 1978 town law mandating that gas stations provide free air. The agreement, outlined in a 1991 letter from town attorney Donald Levinson to McCabe, stated, “If there is a remote button to the machine which provides access to the free air, installation for such use must be displayed in bold type on the machine and free air must be available at all times to customers while the station is open for business.” Because of the agreement, McCabe continued building the machines, and borrowing money that he invested in SSVE.

He now argues that his machines have conformed to the town’s requirements for years: Though they are equipped with a coin slot prompting payment — recently it was 75 cents — a sticker on the front of the machines states, “Ask attendant about free air.” Customers who asked were told about the button underneath the machine, which, when pressed several times, released air at no charge. McCabe’s machines continued to generate profits, however, because customers either did not see the sticker or did not bother to ask about free air.

“This amendment will make sure motorists will receive all the air they need to ride smoothly and safely throughout our town,” Town Supervisor Anthony Santino said of the legislation in a written statement. “This is just another step toward improving the quality of life in our town while also ensuring our laws are being followed. We expect no more excuses or evasive answers when motorists request air to properly inflate their tires.”

Daniel Higgins, of Malverne, said he welcomed the law. “Why does it have to be mandated that we can’t give free air away to a person who needs it? Of course we should,” Higgins said. “I can’t see any reason that we can’t give away air.”

Tom Malone, also of Malverne, agreed. “It’s great to have it available in case you need it,” he said, “but don’t abuse it to give yourself an air shower on a hot day,”

Compressed-air machines cost around $2,500 to manufacture, McCabe said, have a lifespan of several years and require additional time and money to maintain. “Free air is not free,” he said. He has likened his business to the ice business, in that both air and water are free, but it takes money, time and energy to produce a usable product.

Years ago, the 61-year-old McCabe said, most service stations offered free air. “Back then, many gas stations also had garages with compressors, and they would attach a hose and throw an air hose out,” he explained. “As the industry changed, and we have fewer and fewer repair shops, the hoses disappeared because the compressor is gone.” This created opportunities for SSVE.

Now that the new legislation has been enacted, McCabe said, he needs to temporarily change the way his compressors generate revenue while he puts together his lawsuit. “Now I’ll be chasing [gas station owners] for money, and I’ll have problems getting money out of these guys when they’ve been used to getting money from me,” he said. “At my age and this stage of my career, I don’t want to change my business model, and, frankly, it’s not going to be profitable.”

He said he has never heard a complaint from anyone about needing to pay for air. “Everyone says to me, ‘What is [the town’s] motivation? Nobody cares about putting a few coins into a machine,’” he said, clearly exasperated. “This is probably one of most anti-business moves I’ve ever experienced, and I don’t understand it because Republicans are supposed to be pro-business.”

Like others, however, Terese Santora, of West Hempstead, likes the idea of free air. “Growing up, I never paid for air,” she said. “I do think it’s time we get back to basics with small things like this.”