Man challenging Elgin's parking ticket appeal process

Have you been slapped with a $50 odd-even parking ticket in Elgin and just paid the fine instead of fighting it?

A South Elgin man is suing Elgin, arguing its ticket appeal process is unfair, unconstitutional and should be stopped now.

"It's the principle," said Dan Kairis, an unsuccessful Green Party candidate for Elgin Township supervisor in the spring. "The big issue is they're overstepping their bounds of home rule and violating the Illinois Constitution."

Kairis' story began in January when his son got a ticket on Chapel Street in Elgin.

He went to a May hearing in Elgin where he argued there were no signs along Chapel to inform motorists of the rules. He presented photos.

Kairis argues in his lawsuit that the hearing officer, a local attorney paid by the city, introduced evidence on behalf of the city and also rendered a verdict.

Kairis also said the officer did not allow him to make an audiotape of the hearing or cross-examine the police officer who wrote the ticket.

In all, Kairis contends he did not get a chance to face his accuser and that Elgin's hearing officer has an inherent conflict by exercising duties of both the executive and judicial branches of government.

"How much power do we put in a person's hands?" Kairis said. "We've got too many little kingdoms here, and it's time American citizens see what's happening."

William Cogley, Elgin's corporation counsel, said Monday he had not seen Kairis' complaint. Cogley could not be reached Tuesday.

Kairis seeks a permanent injunction on Elgin's administrative hearing process. The case is due in court Oct. 13.

Kairis is acting as his own attorney and says he will not pay the ticket because that would be an "admission of guilt."

Elgin police Sgt. Matt Udelhoven said about 15 people contest the city's odd-even tickets at hearings held twice a month.

Some tickets have been thrown out because there was not proper signage along the road, he said.

Last year, Elgin leaders designated four trial areas for an odd-even parking schedule in an attempt to make leaf pickup and snow removal more efficient and predictable.

City leaders have agreed to extend the restrictions for the Gifford Park and South West Area Neighbors portions of town but removed them from the Cobbler's Crossing and Randall Ridge neighborhoods.

However, the city council has not decided whether the restrictions will be in place all year, all week or just weekdays in the fall through spring.

Process: Some tickets have been thrown out, officer says