A group of motorists has filed a federal class action lawsuit against the village that alleges red light tickets aren’t valid because the violation notices don’t reference the ordinance allegedly violated. The suit claims that this doesn’t allow for due process.
“Under their own ordinance they have to specifically state the exact violation, and they don’t do that,” said Mark Roth, an attorney on the case. “The problem with that is you can’t raise a defense. … You have a right to understand the charges brought against you.”
Lakemoor averages about 50 violation notices at that intersection a day, Roth said. The village has collected millions of dollars in red light camera tickets since the cameras were installed in 2012.
The fine typically is $100, but it can go up if the ticket is paid late, Roth said.
“When a government entity is taking your property – in this case, the $100 – there is an obligation to give you some kind of hearing,” he said. “What we are asking for is a refund for everyone who has received and paid that red light notice.”
In 2016, state Rep. David McSweeney, R-Barrington Hills, sponsored a bill in the House to ban the cameras in communities that weren’t home rule, which would have included Lakemoor. House Bill 141 died in the House in 2017.
Lakemoor officials were not available for comment Wednesday.
The suit was filed March 13, and the village has two weeks to respond, Roth said.
Drivers who have received a red light notice at the intersection and wish to join the lawsuit can call Roth at the Roth Fioretti LLC offices at 312-922-6262.