January 20, 2024
The December ordinance imposes stringent measures, including potential “seizure and impoundment” of buses, $3,000 fines for unloading migrant passengers outside designated hours and locations.
Wynne Transportation LLC, a Texas-based bus company, has initiated legal action against the city of Chicago, challenging the constitutionality of an ordinance that imposes restrictions on dropping off migrants, according to CNN. The lawsuit, filed on Jan. 5, contends that the ordinance violates both the U.S. Constitution and the Illinois Constitution, and seeks declaratory judgment and injunctive relief from the city.
The December ordinance imposes stringent measures, including potential “seizure and impoundment” of buses, $3,000 fines, and towing and storage fees for unloading migrant passengers outside designated hours and locations without a permit. Bus companies are also required to provide advance notice and obtain approval from the city before dropping off migrants at designated landing zones.
Wynne Transportation LLC, responding to the ordinance, claims that it hampers migrants’ entry into Chicago by imposing excessive requirements and harsh penalties. The company argues that the ordinance infringes on constitutional rights and impedes migrants from reaching their desired destination in Chicago.
The lawsuit asserts that the ordinance violates the supremacy clause of the U.S. Constitution, arguing that it interferes with the federal government’s authority to set immigration policy. Additionally, it alleges a violation of the Illinois Constitution’s prohibition of special legislation.
“This case is about allowing immigrants the opportunity to call Chicago home,” states the lawsuit, emphasizing the broader implications for migrants seeking sanctuary in the city.
Attorney Mike Kozlowski, representing Wynne Transportation, expressed surprise at the city’s enforcement of an ordinance deemed unconstitutional: “I’m a little surprised, quite frankly, to see that the city has passed an ordinance, which is so clearly unconstitutional, and then is aggressively pursuing enforcement of that ordinance by filing 95 different lawsuits against these companies.”
The legal dispute unfolds against the backdrop of Texas Governor Greg Abbott bussing nearly 30,000 migrants to Chicago since the summer of 2022, despite Chicago being a sanctuary city. The lawsuit reflects the tension between state and city policies regarding immigration and transportation of migrants.
The bus company is not only seeking injunctive relief but also compensatory damages, attorney’s fees, and costs. The case highlights the complexities and legal challenges arising from the intersection of state and local regulations in the context of immigration and sanctuary city policies.
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