This story was originally published on BreakingVoices on March 26, 2015.
The city of Chicago could be required to repay a total of $600 million to speed and red-light ticket recipients if it loses a class action lawsuit filed Monday. Simpson v. City of Chicago, a lawsuit issued by Jacie Zolna of Myron M. Cherry & Associates, argues that under Rahm Emanuel’s administration the city did not lawfully issue speed and red-light notices and collect fines.
“If the city wants to operate and enforce these cameras, it should follow the procedures and requirements of its own ordinance to allow citizens the notice and due process that they’re entitled to,” Zolna said.
When an alleged violation is recorded, the Municipal Code of Chicago requires the city to issue two notices of violation before it can issue a determination of liability. These notices allow the recipient to contest the alleged violation.
Attorneys at Myron M. Cherry & Associates claim in their lawsuit, however, that the city failed to issue second notices and delivered determinations of liability after only one notice.
Under Illinois law, after the determination of liability is issued, the driver is required to pay a fine for the violation. If a driver does not pay a fine, the Municipal Code of Chicago allows the city to assess any late penalties on alleged violations 25 days after the final notice was issued.
The lawsuit against Chicago again claims it is in violation of its own laws by not providing the required 25-day grace period and assessing late penalties after only 21 days.
The Illinois Vehicle Code and the Municipal Code of Chicago establish that when issuing a notice of violation, the city must specify the make of the vehicle that allegedly made a violation. But Myron M. Cherry & Associates claims that the city fails to mention the make of vehicles.
“The city really is in debt […] I understand why they’re cutting corners,” Lincoln Park resident Jacob Comrov said. “But if it’s the law, then it’s the law.” Comrov said he hopes the city ceases these unfair practices.
Due to these specific violations of Illinois law, lawsuit filers argue that the automated traffic law enforcement violations are unlawful, unconstitutional and void. According to Zolna, his clients were not given enough time to act after receiving these violation notices before the city issued liability determinations, which were distributed early. Zolna argues that the city also doubled fines early as well, resulting in clients not being able to pay their tickets.
“[The city] is threatening to seize their vehicles. Any day they could walk out of their house and not have a car, not be able to go to work or the store,” Zolna said.
While $600 million is a lot of money, it is unlikely that the city will actually have to pay back the full sum. Zolna said his goal is not to bankrupt the city and that he would like to reach a settlement.
Lincoln Square resident Candace Heckel received about $500 of parking and speeding tickets. On one hand she believes that the city has not been fair, but on the other hand she said, “realistically, I’m a home owner here and I don’t want anything bad to happen because the city pays this money back.” Heckel said she would rather see the money go toward the schools.
This lawsuit follows Zolna’s class action, Maschek v. The City of Chicago, which challenged the city’s legal authority to operate speed cameras during the summer months on “non-school days.” On Feb. 18, Circuit Court Judge Mary L. Mikva dismissed the case and accepted the city’s dictionary definition of a school day as “any day one student is on campus.”
Zolna followed the ruling by filing an appeal of Mikva’s decision the next day, Feb. 19. In addition to his lawsuit, Zolna filed an injunction requiring the city to correct the errors before enforcing anymore alleged late fees on speed and red-light tickets.