A Texas bus company has filed a federal lawsuit against the City of Chicago alleging the city’s recent ordinance aimed at deterring buses from dropping off migrants unannounced is “unconstitutional” and “punishes” transportation companies who do business with Texas.
In December, Chicago’s city council passed an amended traffic ordinance that imposes fines and threatens impoundments against bus companies that fail to comply with the city’s new requirements for dropping off migrants.
The new ordinance includes provisions that require bus companies to provide advance notice, apply for and receive approval from the city before dropping off migrants at the city’s designated landing zones.
To date, the City of Chicago has filed at least 95 lawsuits against so-called “rogue bus” companies it alleges have failed to comply with the city’s latest ordinance. Since taking effect in mid-December, two buses have been impounded, which cost two companies more than $3,400 a piece to get the buses out of a city impound lot, according to the city’s law department.
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One of those buses was an affiliate of Wynne Transportation, according to attorney Mike Kozlowski, who represents Wynne Transportation and the other bus companies that have been fined by the city.
“It’s unconstitutional for a number of reasons – it’s really trying to address an immigration issue,” Kozlowski told NBC 5 Investigates. “And when we’re talking about immigration, that’s a federal issue.”
Kozlowski said the ordinance also violates the due process and equal protection clauses of the 14th amendment because, as he says, the ordinance is intended to address a specific group of people – migrants coming to Chicago.
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Kozlowski wants a federal judge to rule in Wynne’s favor. If it were to go in their favor, he says they would attempt to use that ruling to dismiss the pending cases against the bus companies in state court.
In an emailed statement from the city’s law department, a spokeswoman confirmed to NBC 5 Investigates that the city has received the complaint, “but does not comment on ongoing litigation.”
This isn’t the only litigation related to the influx of migrants. Earlier this month, New York City filed its own lawsuit against 17 bus companies. That lawsuit alleges that the companies made as much as $1650 per passenger.
Texas Gov. Greg Abbott has made no secret of the fact that his administration has helped bussed migrants away from Texas – including sending 37,100 to New York and 30,800 to Chicago – according to a news release Abbott’s office put out Friday.
No hearing date has been set for Wynne’s lawsuit in federal court. The bus companies have pending court dates next month in state court related to City of Chicago’s fines.
