One man's fight to uphold our nation's constitution

Dan Kairis won the battle - but lost the war.

A Kane County judge threw out the South Elgin man's $50 parking ticket from Elgin's even-odd parking ban but didn't buy into arguments that the city's appeal process is unconstitutional.

Kairis, who unsuccessfully ran as a Green Party candidate last spring for an Elgin Township trustee seat, argued that Elgin's odd-even parking ban and appeal process violated the government's separation of powers, codes of conduct for attorneys and the city's home rule authority.

Judge Michael Colwell, however, dismissed Kairis' ticket from January on Chapel Street because there wasn't adequate signage explaining the ban.

"(Kairis) threw the kitchen sink at us," said William Cogley, Elgin corporation counsel. "The court ruled in our favor on all issues except for signage."

City officials recently made the odd-even arrangement permanent for two neighborhoods, the Gifford Park Area and South West Area Neighbors, or SWAN, section in hopes it will lead to better snow removal and leaf collection.

Cogley said city officials upped the funding for more permanent signs, too.

Kairis said he sued because of the principle and it cost him $200 in court costs to get out of the $50 ticket.

He is considering appealing to a higher court because he still believes the arbitrator that rules on ticket appeals has an inherent conflict because the city pays him.

"The hearing officer can be completely arbitrary, rule the way he wants and there's no check on him," Kairis said. "The citizens' rights are completely vacant, as least that's my opinion."