Chicago camera ticketing violates notice rules, suit says; seeks refund of money paid by motorists
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An Illinois lawsuit filed Monday doesn’t challenge the authority of the city of Chicago to issue tickets for red-light and speed violations based on camera enforcement.
But it does say the city is violating legal rules about how the tickets are supposed to be enforced, reports the Chicago Tribune.
The ticketing process is “deficient and unconstitutional,” for at least three reasons, according to the Cook County Circuit Court complaint, which seeks class-action status.
First, motorists who don’t immediately pay up are supposed to be given a second notice. That isn’t happening.
Second, they are supposed to be given 25 days to pay. Notices incorrectly list a 21-day period.
And notices are supposed to list the make of the car, which frequently appears as “OTHR.”
A city law department spokesman said Monday night that Chicago officials haven’t yet had a chance to review the lawsuit but are confident the camera ticketing program, which he described as “an important public safety tool,” is legal.
The suit is seeking a freeze on the camera-ticketing program until it is in conformance with applicable rules, as well as disgorgement of fines and penalties paid in response to notices that allegedly did not comply with the law.
Related coverage:
ABAJournal.com: “Chicago generated 77,000 additional red-light tickets by shortening yellow-light times, report says”
See also:
ABAJournal.com: “Two Florida judges dismiss 24,000 red-light camera tickets in one county”
ABAJournal.com: “Speed camera repeatedly tickets teacher’s parked car”