Plaintiff challenged a traffic ticket, on the ground that the ticket was the result of automated speed enforcement (ASE) camera operating near high school, and that law governing ASE cameras prohibited City from operating ASE camera near a school on that day (Thursday, June 26, 2014), which was a day in extended school year when special needs children were attending their regularly scheduled classes. The schooling of special need children qualifies as a school day for purposes of ASE law. Legislative history shows that legislators' primary purpose was to protect children, and that they intended to limit protection to days when children were in school and to exclude Saturdays, Sundays and holidays. Plaintiff lacks standing to bring a vagueness challenge, as the ASE law was the same regardless of whether the ASE cameras were operating. Court properly granted City's motion to dismiss and properly denied Plaintiff's motion for leave to amend.(REYES and PALMER, concurring.)
Illinois Appellate Court
Civil Court
Traffic Laws