08-09-2009, 01:43 PM
I had heard the council say they were looking to tweak this ordinance, perhaps lower the fine. But it still troubles me that our local activist seems to see this as 'a pot at the end of the rainbow.' Hurting the city in this way, hurts us. Was it the new mayor that said that more of these cases could be solved sitting at a table talking or the previous mayor? 8-) 
Judge denies motion to dismiss Waukegan towing ordinance
Comments
August 8, 2009
NEWS-SUN STAFF REPORT
CHICAGO -- A federal judge Friday denied Waukegan's motion to dismiss a five-year-old lawsuit against the city's towing ordinance.
U.S. District Judge Joan Lefkow's denial of the motion will allow a lawsuit, which was brought by local resident Larissa Harrington, to move forward later this month.
The decision comes more than two years after the court ruled the ordinance -- which results in a $500 fine and vehicle seizure for people ticketed for various offenses, including DUI, driving without a license or driving without insurance -- violated Fourth Amendment protections against unreasonable search and seizure, in part, because it does not give police officers discretion in individual cases.
In November 2006, Lefkow initially ruled the ordinance must cease, but in January 2007 she reversed the decision, and allowed Waukegan to continue the seizures pending an appeal. City officials have argued that the ordinance keeps Waukegan's streets safer.
Friday's ruling gives hope the ordinance will permanently be stopped, said Harrington's attorney, Earline Navy. The case continues Aug. 25 with a status hearing.
"I thank God for working through me to fight to correct this unlawful towing ordinance," Navy said. "(Protection) against unreasonable search and seizure is one of our most important rights in this country."
Harrington brought suit against the city in 2004, a year after her car was towed while being driven by her son, who was driving with an expired license. In the suit, Harrington claims she came to the scene of the traffic stop with a license and insurance but was not allowed to drive her car home.
Attempts to reach Waukegan's legal counsel for comment were unsuccessful Friday.
Judge denies motion to dismiss Waukegan towing ordinance
Comments
August 8, 2009
NEWS-SUN STAFF REPORT
CHICAGO -- A federal judge Friday denied Waukegan's motion to dismiss a five-year-old lawsuit against the city's towing ordinance.
U.S. District Judge Joan Lefkow's denial of the motion will allow a lawsuit, which was brought by local resident Larissa Harrington, to move forward later this month.
The decision comes more than two years after the court ruled the ordinance -- which results in a $500 fine and vehicle seizure for people ticketed for various offenses, including DUI, driving without a license or driving without insurance -- violated Fourth Amendment protections against unreasonable search and seizure, in part, because it does not give police officers discretion in individual cases.
In November 2006, Lefkow initially ruled the ordinance must cease, but in January 2007 she reversed the decision, and allowed Waukegan to continue the seizures pending an appeal. City officials have argued that the ordinance keeps Waukegan's streets safer.
Friday's ruling gives hope the ordinance will permanently be stopped, said Harrington's attorney, Earline Navy. The case continues Aug. 25 with a status hearing.
"I thank God for working through me to fight to correct this unlawful towing ordinance," Navy said. "(Protection) against unreasonable search and seizure is one of our most important rights in this country."
Harrington brought suit against the city in 2004, a year after her car was towed while being driven by her son, who was driving with an expired license. In the suit, Harrington claims she came to the scene of the traffic stop with a license and insurance but was not allowed to drive her car home.
Attempts to reach Waukegan's legal counsel for comment were unsuccessful Friday.