This principle holds true with respect to parking lots owned by commercial establishments. Those lots are there for the use and enjoyment of the customers of the establishments. Those automobiles have permission to be there. Automobiles which are parked there simply because a parking spot was needed, but not because the owner of the auto was shopping there, are, in effect, trespassing. Therefore, booting is one logical way of ensuring that only those invited to the parking lot may park there.
The City of Denver recognizes this legal truism in its ordinances. One of its laws states that it shall be unlawful for any person to park a vehicle on private property (e.g., a privately owned parking lot in front of a commercial establishment) without the consent of the owner of the property. In other words, if a car driver is not using the store that owns the commercial parking lot, that car is there without the consent of the owner of the lot, and that means the car is in violation of Denver law, and of the common law of trespass.
Because there were many complaints about booting practices during the 2001 Christmas season, the Denver City Council revised its booting laws to require that parking lot owners, and companies hired by such owners to boot trespassing cars, meet new requirements.
For example, parking lots where booting is practiced must have specified signs that warn drivers about the likelihood of a boot on their car if they park there, but don't shop there. So called vehicle immobilization services (i.e., booters) are regulated as well. They must be licensed; they must maintain an office accessible to the public by telephone; they must release from immobilization any vehicle without one hour after having been contacted by the vehicle's owner, and after receipt of payment; the fine for the boot cannot exceed city standards; the boot cannot damage the vehicle, etc.
Drivers of vehicles in and around Denver should be aware that booting services are standing by to boot cars if the driver of the car is not complying with the terms of the consent granted by the parking lot owner (which usually is - shop at my store, or use my services). It is the law of trespass, and the law of property.
REFERENCES
Denver Ord. Chapter 54, Article VII - Stopping, Standing and Parking
Denver Ord. Chapter 55, Article X - Vehicle Immobilization Services
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