http://www.myfoxchicago.com/dpp/news/metro/red-light-cameras-illegal-class-action-lawsuit-20120419

Class Action Lawsuit Calls Red Light Cameras Illegal
Updated: Thursday, 19 Apr 2012, 9:45 AM CDT
Published : Thursday, 19 Apr 2012, 7:15 AM CDT

Sun-Times Media Wire

Chicago - A class action lawsuit was filed Wednesday to put the brakes on Chicago’s use of red light cameras, which are described as “illegal” in court papers.

The suit was filed by two motorists ticketed after their vehicles, authorities said, were filmed blowing red lights in Chicago. The suit also opens the doors for other plaintiffs to join the case.

The city never had the authority to use the cameras as a tool of traffic enforcement, the lawsuit contends.

“Chicago has consistently claimed that it had home rule authority to enact its 2003 ordinance establishing a novel ‘Automated Red Light Camera Program,’” the suit states. “However, home rule authority in Illinois has never extended to the power of any municipality, even Chicago, to adopt alternative enforcement mechanisms for traffic violations involving vehicle movement or similar offenses.”

While city officials maintain the state Legislature approved a 2006 red light camera enabling statute — it doesn’t suddenly make the program legal, the plaintiffs say in their suit.

“[E]ven if the enabling law is valid and does now allow municipalities like Chicago to adopt red light camera ordinances as defined, that law cannot be used to breathe life into Chicago’s void 2003 ordinance or validate Chicago’s Red Light Camera Program, which was unauthorized by law at its inception and has remained so at all time up to this date,” the suit states, which leaves a question about why the city didn’t re-enact the red-light camera ordinance once the state legislature gave it the green light.

More than 500,000 red violation notices are issued annually, the suit states, with the fine going from $90 to $100.

Red-light camera tickets generated $48 million in 2009, though it costs the city $18.1 million annually to operate and maintain the system.

The plaintiffs are asking a judge to declare the program illegal and void and therefore to return millions of dollars in fines back to motorists snagged by the red light cameras.

“These fines were collected without legal authority and, under principles of equity, the city has no right to retain them in good conscience.”

An attorney for the plaintiffs declined comment Wednesday. The city Law Department didn’t immediately comment.

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