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20170125 PR - OB filed lawsuit against OBTerrace re: red light camerasFor Release: 1-25-17 Contact: Riccardo F. Ginex Phone: (630) 368-5000 Fax: (630) 368-5045 1200 Oak Brook Road Oak Brook, IL 60523 Village of Oak Brook Press Release Village of Oak Brook Files Lawsuit Against Oakbrook Terrace Oak Brook, Illinois, January 25, 2017 - On Wednesday, January 25, 2017, the Village of Oak Brook filed a lawsuit in the Circuit Court of DuPage County against Mayor Tony Ragucci, of the City of Oakbrook Terrace, its Aldermen and the City, regarding the City’s installation of red light cameras for traffic flowing southbound on Route 83 at 22nd Street and eastbound on 22nd Street at Route 83. Permits for such cameras were granted by the Illinois Department of Transportation which is also named in the suit. Additional defendants are Nikki Zollar, President and Chief Executive Officer of Triad Consulting Services, Inc., and President of SafeSpeed, LLC. The suit is also filed against those corporations which are involved in the installation, operation or political convincing process regarding those cameras. The red light cameras are currently being installed and are likely to be operational within weeks. The lawsuit alleges that based upon the annexation conducted by the Village of Oak Brook during the first year of its existence in 1958, land was annexed which had the effect of bringing the entire intersection of Route 83 and 22nd Street within the governmental jurisdiction of the Village of Oak Brook. No one had reviewed these records for many years and the City of Oakbrook Terrace incorrectly informed the Illinois Department of Transportation that it had jurisdiction over two corners of the intersection. The City of Oakbrook Terrace began its efforts to get red light cameras installed in 2012. The Illinois Department of Transportation repeatedly denied Oakbrook Terrace’s application. The most recent denials were on March 3, 2016 and again on March 16, 2016 when IDOT found that previously provided application documents did not justify permission for red light cameras to be installed. Oakbrook Terrace, through SafeSpeed, LLC, then submitted a single 24- hour video of the intersection from November 2015 as justification for the cameras. The permit was approved and issued by IDOT on May 20, 2016. Oak Brook believes that political pressure from several State Senators caused IDOT to improperly change its view. The Village of Oak Brook was initially prepared to contest this matter either before IDOT or in court solely based upon the fact that all documents submitted were entirely • Page 2 more inadequate under IDOT’s regulations to cause this change in approach. Although those arguments are still important, the lawsuit puts forward as its most important argument, the fact that Oakbrook Terrace has no jurisdiction over this intersection which is within the boundaries of Oak Brook. There have been many newspaper articles and other reports showing that some Illinois municipalities appear to have installed red light cameras principally for financial gain. If a driver violates the strict standards in any way, he or she is sent a letter from the municipality indicating that a violation has taken place and that a payment of $100.00 needs to be made unless that individual wishes to appear before an Administrative Hearing Officer appointed by the municipality to argue against the red light camera video or photograph. The filing of this lawsuit was authorized by the Village after this matter has been discussed by the Village Board on a number of occasions in closed session. During the Village Board Meeting on Tuesday, January 24, 2017, Village President Gopal Lalmalani, along with a number of Trustees, addressed this issue. “As we began to investigate this matter, we found that in fact all of the intersection of Route 83 and 22nd Street is within the governmental jurisdiction of the Village of Oak Brook. The annexation of land adjacent to this intersection took place in 1958,” said Oak Brook Village President Gopal Lalmalani. “We also think that the Department of Transportation changed its perfectly responsible position in denying the permit based upon political pressure from State Senators and perhaps others who had received very substantial political contributions from the persons and companies involved in the installation and operation of these cameras.” Also, on Tuesday, January 24, 2016, State Representative Peter Breen (R-Lombard) filed House Bill 506. This bi-partisan legislation would reverse the decision and prohibit a red light camera at that intersection of 22nd Street and Route 83. House Bill 506 is co-sponsored by Representatives Patti Bellock (R-Hinsdale), Deb Conroy (D-Villa Park), and David Olsen (R-Downers Grove). “I applaud Representative Breen and his colleagues for filing legislation that would remedy what we perceive as an inappropriate use of power by IDOT and our neighbors in Oakbrook Terrace,” said Oak Brook Village President Gopal Lalmalani. “It is an issue of fairness, and I am pleased to see both Republicans and a Democrat as leading sponsors of the bill.” A video recording of the January 24, 2016 Village Board Meeting can be seen at www.oak- brook.org. The attorneys who have worked on the lawsuit and have filed it on behalf of the Village also appeared and addressed the Board regarding this matter. The attorneys working on this case are from the law firm of Ancel Glink and independent attorney Frank Avila. Any questions about the lawsuit or the meeting may be addressed to Village Manager Riccardo Ginex at: (630) 368-5020, or • Page 3 Village Attorney Stewart Diamond at: (312) 782-7606 his office or via his cell phone (312) 550- 7606. About the Village of Oak Brook: Founded in 1958, the Village of Oak Brook is located 15 miles west of downtown Chicago and is in proximity to the junction of Interstates 88, 294, and 290. The Village consists mostly of residential subdivisions, with the exception of the Oak Brook Center shopping mall, other retail and office properties along 22nd Street and Interstate 88. Oak Brook is the home of many corporate offices, most notably, the world headquarters of McDonald’s Corporation, Ace Hardware, Tree House Foods, Inland Real Estate and the service club organization Lions Clubs International. Oak Brook is also known for being one of the few municipalities in the Chicago area that does not levy a property tax on residents or businesses. Visit www.oak-brook.org to learn more. # # #