The city of Chicago is facing a situation in which it may have to issue millions of dollars in refunds after one of its officials gave surprising admissions in a damaging deposition for a red light and speed camera lawsuit.
In the deposition, given by managing deputy director of Chicago’s Department of Finance, Tina Consola, the official stated that the city sought to boost revenue by manipulating the way red light and speed camera penalties and late fees were assessed. She said that the city had accelerated the determination of drivers’ liability and also sped up the fees for late payments in an effort to raise more funds under the program.
Unfair Practices
The lawsuit in question was filed by Jacie Zolna on behalf of three motorists who had received the red light and speeding camera tickets. The city has come under fire for the way it has handled the issuing of the tickets, including previously only allowing drivers 14 days to contest a notice and applying late fees after just 21 days. The plaintiffs also argued that their due process had been violated because they were never given a second notice of their alleged violations.
Violation of Due Process
The city requested that Circuit Court Judge Kathleen Kennedy dismiss the case, but in rejecting the motion Judge Kennedy used such strong wording against the city’s arguments that many now believe that fines dating back to 2003 may be in jeopardy of having to be refunded. In her opinion Judge Kennedy cited the fact that under the municipal code of Chicago the second notice provision creates a mandatory duty that authorities give defendants a second notice for speed and red light tickets. Judge Kennedy went on to say that the practice of only sending one notice was a “violation of the fundamental principles of justice, equity and good conscience.”
Subsequent to the filing of the suit against the city, Chicago mayor Rahm Emanuel asked the city council to remove the two notice requirement from the city code.
Class Action Sought
Plaintiffs’ attorneys are now looking to seek class action status for the suit. Zolna says that the city has been slow to turn over documents related to the case, in an effort to stall the filing.