Illinois Supreme Court rules in favor of truckers on Joliet tickets

An Illinois Supreme Court ruling that favors truckers in a case against Joliet City Hall has statewide impact, attorneys for both sides said Thursday.

The court ruling issued Thursday basically says Joliet violated its own city ordinances in issuing fines to truckers ticketed for violating overweight restrictions without allowing them to take their cases to the circuit court.

The larger impact, according to Joliet attorney Frank Andreano, is that Illinois municipalities cannot independently fine truckers without providing them recourse in court.

“The bad news for Joliet and the other cities is that what you were doing is not in the parameters of the law,” Andreano said.

Andreano represented five truckers ticketed in Joliet but has joined a Chicago law firm in a class-action lawsuit that would take in truckers ticketed in both Will and Cook counties in cases that went through administrative hearings in city halls rather than going to court.

“There were several lawsuits pending for refunds that were just waiting for this supreme court decision,” Andreano said.

The supreme court decision does recognize home rule authority for cities like Joliet that conduct administrative hearings on trucker violations of local laws. But the supreme court ruled that truckers still had the right to object in circuit court once decisions were delivered at city hall.

Joliet and other cities hold administrative hearings separate from the circuit court to rule on violations of local ordinances, including laws setting weight limits for trucks on local roads.

Joliet interim City Attorney Chris Regis did not return a call to discuss the case but issued a statement on the supreme court decision.

“This case represents an important milestone for municipalities all across Illinois,” Regis said. “The decision issued by the supreme court outlines a framework for municipal enforcement of certain truck violations. Furthermore, this case overturns precedent which had previously been cited as a bar for such enforcement.”

Regis said Joliet “will follow the guidelines provided by the supreme court and continue to utilize our truck enforcement program to protect the quality of life for area residents.”

The case, Robert Cammacho Jr. et al. vs. the City of Joliet was originally filed in Will County Circuit Court, where a ruling favored the city.

That decision was overturned by an Illinois Appellate Court, which found that Joliet did not have authority under home rule powers granted by the state to issue fines to truckers.

The Illinois Supreme Court ruled that the home rule powers granted Joliet and other Illinois cities gave them authority to hold administrative hearings on trucker violations of local ordinances. But the state supreme court found that truckers still had rights to take their cases to circuit courts to contest the findings by city hearing officers.

Municipalities have a financial stake in imposing their own fines, which then go solely to the city. Court-imposed fines on trucking violations are distributed among various governmental entities.

“It becomes a revenue generator,” Andreano said,

He noted that the city of Chicago and Illinois Municipal League weighed in on the Joliet case and expected local municipalities to seek a change in state law that would strengthen their position in holding administrative hearings on trucker fines.

“I think you’re going to see them try to get a legislative work-around so that cities can do this,” Andreano said.