Chicago's Law Banning Cellphone Use While Driving Challenged In Court

Chicago, IL (AHN) - A Chicago motorist challenged a city ordinance passed in 2005 banning the use of cellphones while driving. Chris Yarusso, through his lawyer Blake Horwitz, filed a federal lawsuit seeking to refund almost $2 million fines for mobile phone use while manning the wheel, and to prohibit the city from further giving out tickets until appropriate warning signs are installed.

In his lawsuit, Yarusso said, "The Illinois statutory code requires local authorities to provide notice, by posting signs of traffic regulations. Under Illinois law, traffic regulations are not effective until signs are posted giving reasonable notice."

Around 25,000 tickets have been issued to erring motorists.

Jennifer Hoyle, spokeswoman of the City Law Department, explained state laws required signs to be posted it there are conflicts with sections of state laws. Since the state has no law mentioning anything about mobile phone usage while driving, the Chicago ordinance does not conflict with any state law and therefore does not require posting.

Alderman Bernard Stone dismissed Yarusso's lawsuit as silly because it will require a large amount of state funds to post all new laws passed in Illinois. "That means because we have a law requiring seat belts on school buses, and the state doesn't have one, I'd have to post laws that school buses have to have seat belts everywhere," Stone said. He added, "Anyone who puts that forward as an argument has no concept of how many law Chicago has on its books."

Cellphone usage while driving is banned in almost all countries, except for Botswana and New Zealand where it is still being debated, and partially prohibited in Mexico and Pakistan. In the U.S. 27 states do not ban it, four have prohibitions, 13 have partial does not allow mobile use while driving and five states are still deliberating on a ban.