Judge Dismisses Chicago Red Light Camera Class Action Lawsuit

An Illinois judge has dismissed a class action lawsuit filed by Chicago drivers who claim they were wrongfully ticketed due to Chicago’s red light camera program.

According to Cook County Judge Rita M. Novak, the Illinois General Assembly has authority over the Illinois Vehicle Code. Because the General Assembly had approved the red light program, Judge Novak found that the red light camera class action lawsuit could no longer proceed.

The fact that the Chicago city council decided to place red light cameras at city intersections before the General Assembly approved the red light camera program did not provide a basis for the class action lawsuit to stand, despite arguments from the plaintiffs.

Judge Novak also rejected arguments that the General Assembly had no right to pass Public Act 94-795, which authorized the red light camera program, because the Illinois constitution prohibits the legislature from passing laws that do not apply statewide. The plaintiffs argued that the red light camera program only applies to eight of Illinois’ 102 counties, but Judge Novak found that the legislators had a rational basis for passing a law that only applies to a handful of counties in the state.

According to Judge Novak, the counties affected by Public Act 94-795 are the most heavily populated counties in the state and are also in close proximity to St. Louis and Chicago, the most populated cities in Illinois.

Initially filed in 2012, the Chicago red light camera class action lawsuit alleged that the city council’s 2003 passage of an ordinance authorizing the installation of red light cameras violated the Illinois Vehicle Code, which gives police officers the authority to issue tickets for traffic violations.

The defendants argued that Chicago’s red light camera program was authorized by Public Act 94-795, but the plaintiffs claim the law is “unconstitutional on its face.”

According to the Chicago red light camera class action lawsuit, the city issues more than 500,000 red light violation notices each year. The city reportedly assessed a fine of $100 per violation.

“As a result, since 2003, the members Plaintiff Class have been paying millions of dollars annually to Chicago pursuant to improper demands contained in illegal red light violation notices,” the Chicago red light camera class action lawsuit alleged. “These fines were collected without legal authority and, under principles of equity, the City has no right to retain them in good conscience.”

The plaintiffs sought to have the Chicago red light camera program declared void. They also sought to have the allegedly illegal fines returned to motorists who received tickets due to the red light camera program.

Although this red light camera class action lawsuit has been dismissed, Chicago is facing a separate class action lawsuit that alleges the city fails to give drivers sufficient notice needed to challenge their tickets.

The plaintiffs are represented by Patrick Keating of Roberts McGivney Zagotta LLC, Derek Brandt of Brandt Law LLC, and Andrea Bierstein of Simmons Hanly Conroy LLC.

The Chicago Red Light Camera Class Action Lawsuit is Kata, et al. v. City of Chicago, Case No. 2012 CH 14186, in the Circuit Court of Cook County, Illinois.