Lawsuit To Challenge City (chicago) Cell Phone Ban

http://cbs2chicago.com/local/cell.phone.ban.2.614044.html

Lawsuit To Challenge City Cell Phone Ban
Suit Claims Enforcement Is Illegal Because No Signs Warn Of Law

CHICAGO (CBS) ― An attorney filed a legal challenge to Chicago's ban on hand-held cell phone use while driving.

As CBS 2's Kristyn Hartman reports, the lawsuit that attorney filed in federal court Wednesday claims the cell phone ban wasn't enacted properly. Depending on the outcome, the fate of thousands of tickets issued to drivers could be up in the air.

The ban began in July 2005. Since then, thousands of people have been ticketed for talking on their hand-held cell phones while behind the wheel. But some drivers, especially those from out of town, might not know about the ban. Attorney Blake Horwitz says there is a problem on that front.

"The City of Chicago has to put up signs to notify people that speaking on cell phones (without hands-free devices) is illegal," Horwitz said. "If they notify people of that fact, then they are allowed to charge people and prosecute people for committing that violation. There are no signs."

Horwitz said he filed his class action suit Wednesday morning. It claims that the cell phone ban is ineffective because it does not comply with Illinois law that requires the signage.