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  1. #31

    Join Date
    Jan 1970
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    Waukegan, Illinois
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    431
    Thanks for the update Fedup. Deep down I, too, don't mind Mayor Hyde, as he helped me alot when he was my Alderman. I just get so angry sometimes, and it comes out in ways it shouldn't.

    I'm glad Neese got a response from him, as I never am able to. Jealousy on my part too!!

    So, the bottom line is the cost to the city for officers? I don't think it's going to be like when the minutemen were here, but I guess you never know.

    Fedup, please keep me posted, and let me know what else I can be doing!! I'm feeling helpless. You've got my e-mail....
    Bless my friends and family, and God Bless America!

  2. #32

    Join Date
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    Waukegan, Illinois
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    431
    YES YES!!! Waukegan was sued years ago for "profiling" by use of their impounding of cars law. Just a few minutes ago, I learned that a judge said that Waukegan can go back to impounding cars while still waiting for the final decision to come down.

    Maybe Fedup can correct me if I'm wrong, but there was a suit against the City by a group of Mexicans that said this law was unfair. It looks like we are going to win this one, and hopefully, the City Hall can relax a bit and not be so worried about being sued for doing what is right.
    Bless my friends and family, and God Bless America!

  3. #33
    Senior Member Neese's Avatar
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    Thanks BlessUSA, great news!!!

  4. #34
    Senior Member fedupinwaukegan's Avatar
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    Jun 2006
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    Waukegan, IL
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    BlessUSA emailed me that we should be hearing soon who will be coming to the Waukegan conference -will let you all know. If you are in the area -come...

    Here is an article that appeared today about the towing ordinance. The judge reversed her opinion -amazing or what...

    __________________________________________________ __________

    Tow ordinance back in effect

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

    January 26, 2007

    By DAN MORAN DMORAN@SCN1.COM

    WAUKEGAN -- Two months after U.S. District Judge Joan Lefkow ruled the city's vehicle-seizure ordinance was unconstitutional, she has granted a request to allow the towing to resume while her finding is under appeal.

    City attorney Gretchen Neddenriep said Thursday the policy, in which motorists committing certain traffic offenses have their vehicles towed and impounded under a $500 penalty, will be back in action "immediately."

    "She stayed her own decision, which is rather rare," Neddenriep said. "We'd gone in before Lefkow on a motion to stay a few weeks ago, and we were able to show that (the policy) really is a safety issue."

    Neddenriep said city attorneys presented Lefkow with statistics showing a drop in local accidents and traffic fatalities after the City Council enacted the expanded vehicle-seizure ordinance in January 2003.

    The ordinance called for police to seize vehicles operated by motorists who were under the influence of alcohol, driving without a valid license or driving without liability insurance.

    Lefkow had temporarily banned the practice Nov. 16 in ruling on a lawsuit brought against the city by local resident Larissa Harrington, whose car had been towed in 2003 for being driven by a relative with an expired driver's license.

    Harrington, represented by Waukegan attorney Earline Navy, filed suit in September 2004, arguing in part that she came to the scene of the traffic stop with a license and insurance, but was not allowed to drive her car home.

    The original ruling stated that the towing policy violates Fourth Amendment protections against unreasonable search and seizure, in part, because it does not give police officers discretion in individual cases.

    "The (ordinance) deprives the city's officers from considering alternatives to impoundment and thus from determining whether community caretaking interests justify impoundment in a particular instance," Lefkow wrote in November. "As a consequence, the seizure ordinance is unconstitutional."

    But Lefkow reversed field in a seven-page finding issued Tuesday and mailed to the city Wednesday afternoon, writing that Waukegan made a reasonable case that vehicles are seized for safety reasons.

    In addition, Lefkow wrote she erred in allowing Harrington's lawsuit to proceed after city attorneys argued Waukegan gave Harrington a check for $800 to settle matters before the trial began. Navy, argued that the suit should proceed because the check was never cashed.

    "The court found that there remained a live case or controversy regarding Harrington's entitlement to attorney's fees and costs," Lefkow wrote. "That now appears to have been a mistake, (and) the city is likely to prevail on appeal on its claim that the court erred when it concluded that Harrington's case against the city was not moot because of her potential (payment)."

    In light of Lefkow's action, city officials issued a statement Thursday advising motorists that the ordinance will be back in full effect, at least until the 7th District Appellate Court acts on the city's appeal sometime in late spring or summer.

    "Drivers should be aware that officers of the Waukegan Police Department will impound any vehicle driven by an unlicensed, revoked, suspended, uninsured or intoxicated driver," the statement reads, "as well as any vehicle used to commit prostitution or possession of illegal drugs."

    The statement added that "in order to secure the release of any vehicle properly impounded pursuant to the City's Vehicle Impoundment Ordinance, the vehicle's owner must pay all towing and storage costs, as well as a $500 administrative fee."

    Attempts to reach Navy for comment Thursday were not successful.

    Waukegan
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  5. #35
    Senior Member
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    I just want to say that YOU GUYS are such great examples of what we can do when we work together as Americans.

    Thanx! for sharing your efforts with us
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  6. #36

    Join Date
    Jan 1970
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    Waukegan, Illinois
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    431
    Thank YOU, 2ndamendsis, as it's good to have people like you guys for support!! Thanks to everyone here!!

    I'm working on something else to "spring" on the City but don't want to post it just yet. Fedup knows about it and is willing to help anyway he can, so I'm in good hands. I'll let you know what develops!!

    hehehehe
    Bless my friends and family, and God Bless America!

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