Thread: Court gives Waukegan towing law heave-ho

My city has been sued -once again...

http://www.chicagotribune.com/news/loca ... 6940.story

Court gives Waukegan towing law heave-ho

By Dan Gibbard
Tribune staff reporter

November 30, 2006

Community activists this week hailed a federal judge's decision to strike down Waukegan's towing ordinance, while city officials said the law has made the streets safer and vowed to appeal.

U.S. District Judge Joan Lefkow ruled Nov. 16 that the ordinance, which requires police to impound the car of any driver without a valid driver's license or insurance, violates the 4th Amendment's protection against unreasonable seizure of property because it does not allow police to consider whether towing the car is necessary to maintain public safety.

"As a consequence, the seizure ordinance is unconstitutional," she wrote.

Lefkow barred Waukegan from enforcing the law, and city attorneys said police have stopped towing vehicles.

Community groups have opposed the 4-year-old ordinance, believing it was aimed at immigrant Hispanics. They also argued that the automatic $500 impound fee and towing, storage and citation charges were not only excessive, they often added up to more than the cars were worth.

"People's constitutional rights are not something to mess around with," said Margaret Carrasco of Waukegan, who leads the Latino-rights group Casa Mexiquense. "I felt that Judge Lefkow wanted to send a clear message out in regard to ordinances that are manipulated in a way to violate constitutional rights of any human walking on the streets of Waukegan. Or driving."

City attorneys Brian Grach and Gretchen Neddenriep said they believed the ordinance was constitutional and were shocked by the ruling. The city will appeal as soon as possible, they said.

"From the mayor and the City Council's point of view, the goal is to make the streets of Waukegan as safe as possible, and this ordinance was aimed at reducing the number of accidents in Waukegan," Grach said. "The statistics show a substantial decrease in the number of accidents on the streets of Waukegan, and that's why we will immediately go to the 7th Circuit Court of Appeals."

In the case before Lefkow, Larissa Harrington lent her car to her son, who was stopped for speeding in September 2003 while driving with a license that had expired three months earlier. The son called Harrington, who asked police if she could drive the car home.

Though Harrington was properly licensed and insured and owned the car, the officer refused to let her take it, citing the mandatory towing law. Harrington challenged the law as a violation of the 4th and 14th Amendments.

Noting that the ordinance had deterred lawful owners from lending their cars to others who were not, Lefkow wrote that "deterrence is not a justification for impoundment" under the community caretaking powers granted to police.

Lefkow also ruled that Harrington was not entitled to punitive damages from the officer who wrote the ticket or from the city, which had already refunded her $800. She did not rule on the 14th Amendment claim that Harrington was denied due process.

Harrington's attorney, Earline Navy, said Waukegan was improperly attempting to override Illinois' vehicle code, which already calls for hundreds of dollars in fines for the types of violations the city sought to dissuade.

"It has to do with respecting Illinois law and following it," Navy said. "If municipalities don't think Illinois law is sufficient ... then they need to go to the normal channels and talk to our representatives and get the laws changed, not take it on themselves." OH-Oh

Navy has other clients who want their money back, and she hopes Lefkow will allow a class-action suit against the city at a hearing Thursday.

Ald. Sam Cunningham said he supports cracking down on drivers without licenses or insurance but has sought changes in the ordinance for several years to make it less harsh.

"I think we should have done something a little bit different before we got to this point," he said.

Cunningham is worried about the ruling's effect on the city's budget. The court proceedings have been expensive, he said, plus the city may have to pay back $500 fines to hundreds or even thousands of people, in addition to finding revenue to replace the $2 million a year the city has brought in through the fines.

But to Cunningham, Lefkow's ruling that the city had breached the Bill of Rights was the most sobering.

"Unconstitutional--that is more disturbing to me than anything," he said. "I don't ever want to be in a city that is violating civil rights. I don't want to be part of that."

This was also in our local news today. I emailed the police and asked if these fine people were legal citizens or not -no answer as of yet.


Waukeganite held on drug, weapons charge

November 30, 2006
NEWS-SUN STAFF REPORT
WAUKEGAN -- An investigation by the Waukegan Police Department's Neighborhood Enforcement team led to the arrest Saturday of a local man for unlawful possession of a controlled substance with intent to deliver.

Police said Wednesday that 34-year-old Fidel Angulo-Arce was taken into custody at his residence on the 600 block of Baldwin Avenue when officers executed a search warrant that uncovered 3.5 kilograms of cocaine.

Also discovered, according to police, was a .357-caliber pistol. Angulo-Arce was also charged with unlawful use of a weapon and was held in Lake County Jail pending a $1 million bond.


Three charged, seven guns seized

November 30, 2006
NEWS-SUN STAFF REPORT
WAUKEGAN -- A routine traffic stop near the intersection of Washington Street and Fulton Avenue led to the discovery of seven firearms and the arrest of three men.

Waukegan police said Wednesday that on Nov. 17 the arresting officer noticed a .22-caliber handgun in the back seat of the vehicle following the traffic stop and subsequently searched both the occupants and the interior.

The driver, 26-year-old Armando Estrada-Sanchez of Waukegan, reportedly had a .380-caliber pistol concealed on his person. Three more pistols, a .40-caliber rifle and a 12-gauge shotgun were also seized in the incident.

Estrada-Sanchez and two passengers from Zion, 19-year-old Jose Sanchez and 22-year-old Ulises D. DelaCruz, were charged with armed violence and unlawful use of a weapon.

All three men were remanded to Lake County Jail and later released on bond.

http://www.suburbanchicagonews.com/newssun/index.html

May be another illegal alien...

Shaken-baby suspect awaits hearing

November 29, 2006
NEWS-SUN STAFF REPORT
A live-in baby sitter is in Lake County Jail in lieu of $100,000 bond pending a hearing Dec. 21.

Circuit Court Judge Valerie Ceckowski set the bond for Patricia Perez, 30, of Round Lake Beach, charged in connection with a shaken- baby injury.

» Click to enlarge image

Patricia Perez of Round Lake Beach.

(SPECIAL TO THE NEWS-SUN)
Perez was brought back to Lake County late Monday after being in custody at the Milwaukee County Jail following a week of delays due to the Thanksgiving holiday break.

She was arrested at Children's Hospital in Milwaukee on Nov. 20 after the child she was hired to care for sustained head trauma, allegedly while under her care.

Condell Medical Center in Libertyville requested the baby be airlifted to Milwaukee after medical personnel at the clinic noted unusual head trauma consistent with shaken-baby syndrome.

Perez accompanied the child's parents to Children's Hospital, where Lake County authorities alerted the Milwaukee County Sheriff's Office of the incident.

After questioning, Perez was taken into custody by Milwaukee County sheriff's deputies and held without bond pending her return to Lake County for prosecution.

"My presumption is that two of the reasons for the delays was the holiday and the ability to receive services from a Spanish interpreter," said Milwaukee County Sheriff spokesperson D'Arice Landon.

Landon indicated it can be difficult for the courts to obtain a translator because they are paid through the state as independent contractors.

Due to the Thanksgiving holiday, she was unable to be extradited back to Lake County until Monday when Lake County authorities reported to Milwaukee to take her back for her initial bond hearing.

U.S. District Judge Joan Lefkow ruled Nov. 16 that the ordinance, which requires police to impound the car of any driver without a valid driver's license or insurance, violates the 4th Amendment's protection against unreasonable seizure of property because it does not allow police to consider whether towing the car is necessary to maintain public safety.

Impound hell, I think anyone that is caught driving a care without a driver's license and/or insurance should have their car confiscated and sold at public auction with the proceeds going to a fund to assist the victims of non-licensed drivers. Yes, unlicensed drivers do kill people.

Dipshizzit judges like this make me afraid for what's left of our country's future.


And then you post about $12 MILLION worth of cocaine, which could 'cut a line' from Illinois to Georgia, as long as the wind didn't blow.

Interestesting enough this judge made national news when a disgruntled person from her judgement killed her husband and mother.

March 2, 2005
Haunted by Threats, U.S. Judge Finds New Horror
By JODI WILGOREN

HICAGO, March 1 - For Joan Humphrey Lefkow, the nightmare began shortly after her appointment as a federal judge in 2000, when an Oregon group's lawsuit to block white supremacists from using a name it had trademarked, World Church of the Creator, landed in her lap.

Soon, Judge Lefkow found her home address and family photographs posted along with violent threats on hate-filled Web sites. Last April, one of the Aryan movement's most notorious leaders was convicted of plotting her murder.

On Tuesday, Judge Lefkow was under armed federal guard in an undisclosed place, mourning the deaths of Michael F. Lefkow, her husband of 30 years, and Donna Humphrey, her 89-year-old mother, whom she found dead of gunshots to the head in their basement the evening before.

"I think she's very upset with herself, maybe, for being a judge and putting her family in this danger," said Laura Lefkow, 20, the third of the judge's five daughters, "but there's no way she should have known."

Local and federal law enforcement officials said on Tuesday they were investigating possible connections between the double killing and Matthew Hale, the white supremacist now in federal prison awaiting sentencing for soliciting Judge Lefkow's assassination, or his many sympathizers. Federal officials in Washington said agents were reviewing Judge Lefkow's caseload in search of suspects, with the main thrust on the hate groups that had focused on her before. continues...

http://link.toolbot.com/nytimes.com/26551

An Polish Immigrant, turned citizen killed himself and left a confession note that he did it.

FEDUP

Not sure if this is a help but remember several years ago, Mayor Bloomberg, NYC, enacted an ordinance to impound drunk drivers' vehicles. The vehicles were NOT returned but sold for the city coffers, if memory serves me. It was challenged, I believe, and they found for the city.

Perhaps this can help you out there?

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The decision shouldn't be surprised. The liberalizing of our colleges which really took hold in the late 70's explains everything. With what happened at Columbia University, Tom Tancredo in the Michigan law school and the 9th Apellate Court, there is little doubt that our judges will be equally liberal. We talk about taking our fight to the Supreme Court, but I shudder at my belief that the Supreme Court is likely to be equally liberal in their interpretation of the Constitution. This makes me think of a quote from Shakespeare "Kill all the lawyers."

This makes me soooo angry. They are going to bleed my city dry in yet another way.....

Seizure ordinance called an 'abuse'
(http://www.suburbanchicagonews.com/news ... S1.article)

December 8, 2006

By RYAN PAGELOW RPagelow@scn1.com

WAUKEGAN -- Immigrant groups opposed to the city's vehicle seizure ordinance have celebrated the recent federal court ruling against the ordinance and the temporary suspension of car seizures.

"The Tonatico community is happy with the judge's decision," said Miguel Arizmendi, a member of the Club Social Tonatico for Mexican immigrants. He calls the ordinance an "abuse" and worries it could come back.

A fine of $200 for driving without a license is more appropriate than the $500 fine and $150 in towing fees under the current ordinance, he said.

"Because some people don't have that quantity and could lose their car," Arizmendi said.

Undocumented immigrants who are not eligible for an Illinois driver's license, but insist on driving are most affected, he said, but the heavy fines also affect legal residents and citizens.

His son was driving a year and a half ago and didn't realize his auto insurance had expired and his car was seized when stopped by police. Arizmendi paid about $1,000 in fines and towing fees to get the car back.

Estela Zhuky, originally from Morelos, Mexico, also paid about $1,000 each time her car was seized because she didn't have a driver's license while she lived in Waukegan.

Earning minimum wage in an office as a single mother of two kids, it took her a few days to borrow enough money from friends to get her car back. The fourth and final time her car was seized, about a year ago, she didn't have enough money to pay the fine and lost her car.

"More or less that's why I moved here to Kenosha," Zhuky said.

Mario Rodas, president of the Hondureños Unidos club, also celebrated the judge's decision against the ordinance. He knows undocumented immigrants that have had their car towed up to six times.

In May, his brother-in-law was pulled over for not having his lights on during rainy weather and police seized his truck when they discovered he was driving without a license, Rodas said.

Rodas' wife was called and brought her license to the scene, but police did not allow her to drive the truck home. Once seized, Rodas paid the $500 fine plus $190 in towing fees to get the truck back.

While he opposes the ordinance, he said a solution would be for the state to allow undocumented immigrants the opportunity to obtain a driver's license.

It gets worse....


Immigrant-rights group eyes class-action suit

(http://www.suburbanchicagonews.com/news ... S1.article)

December 8, 2006

By RYAN PAGELOW Rpagelow@scn1.com

WAUKEGAN -- While the city plans to appeal a federal court ruling against the vehicle seizure ordinance, immigrant rights groups are mulling the possibility of a class-action lawsuit against that law.

About 175 immigrants who had their car towed under the controversial ordinance met Wednesday night at San Luis Mexican Restaurant with representatives of the Mexican American Legal Defense and Educational Fund (MALDEF) and the Illinois Coalition for Immigrant and Refugee Rights.

Lawyers from MALDEF are reviewing the recent court ruling and similar cases, said Ricardo Meza, the group's regional counsel.

"We want to see what the likelihood of success of this case on appeal is because we want to use the information to decide what we're going to do," he said. "We want to see if there is a possibility of another group of people to challenge the ordinance."

The meeting in both English and Spanish was intended to give general information about the history of Waukegan's vehicle seizure ordinance and an overview of lawsuits filed against the city regarding the law.

Following the meeting Meza spoke individually with residents who had their cars towed under the ordinance because they did not have a valid driver's license. He was interested in talking to only people who had someone else in the car who had a valid license, people who called someone with a valid license that arrived before the tow truck did, or people who were parked in their garage or driveway when police seized their vehicles.

He cautioned the audience not to expect anything from MALDEF at this time while it decides what it will do.

"I don't want people to rely on something that may or may not happen in the future," Meza said. "We are looking at it as quickly as possible, but can't promise if we will do anything."

A class-action lawsuit needs a large number of people with common issues and typical facts.

MALDEF filed suit against the city in federal court in 2004 alleging a group of Latinos were shut out of a City Council meeting in July 2004, a violation of their First Amendment rights.

The suit alleges 75 residents attempted to enter City Hall to attend a City Council meeting to voice their opposition to Waukegan's vehicle seizure ordinance but were met by police who said only 10 members would be allowed into the meeting.

At about the same time, local resident Larissa Harrington filed suit in federal court over a September 2003 traffic stop in which her car was towed after her son was pulled over and was found to be driving with an expired license. The car was seized despite the fact Harrington came to the scene and displayed her license and insurance.

Last month, U.S. District Court Judge Joan Lefkow ruled the city's policy violates Fourth Amendment protections against unreasonable search and seizure, writing that the ordinance does not give police officers discretion in individual cases.

The seizure ordinance originally targeted vehicles used in the solicitation of prostitution or narcotics, but the City Council voted in December 2002 to include vehicles used in the commission of driving under the influence, driving on a suspended or revoked license, or driving without liability insurance.

Later, the measure was expanded to include driving without a valid license or permit. In all cases, violators were subject to having their vehicles towed from the scene under a $500 bond.

To retrieve the car, owners had 30 days to pay not only the $500, but also a $150 towing fee and $30 per day in storage fees.

Waukegan tow


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