Plaintiff filed amended class action complaint alleging that City's impoundment ordinance was unconstitutional as it violated due process and was an unlawful attempt to use police powers to produce revenue. Court properly granted City's motion to dismiss with prejudice. Plaintiff has no standing to raise class action for violation of due process rights, as she failed to allege that signs were not posted when her car was impounded and thus failed to allege injury based on lack of notice. Version of impoundment ordinance in effect at time of Plaintiff's impoundment stated that a driver arrested for certain crimes shall be liable to City for "an administrative penalty" of $500. The use of the word "penalty" establishes that the charge is a fine, not a fee. This fine is reasonably related to legitimate interest of deterring crime and thus is constitutional. (CARTER, concurring; McDADE, specially concurring.)
Illinois Appellate Court
Civil Court
Ordinances