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Judge says yes, Oakbrook Terrace can use red-light cameras, for now

Oakbrook Terrace can use its controversial red-light enforcement cameras while a lawsuit over the devices proceeds, a DuPage County judge has ruled.

Judge Craig Belford on Monday granted the city's request to prevent the Illinois Department of Transportation from enforcing its May order to remove the cameras at Route 83 and 22nd Street.

He said in his order that having the cameras on while the lawsuit proceeds would not endanger the public and is not contrary to public policy, and that there is a "reasonable likelihood" Oakbrook Terrace will win the case.

Belford ordered IDOT to cooperate with the city to reactivate the automatic system.

In May, IDOT officials said Oakbrook Terrace officials had not kept up with the safety paperwork required to maintain the permit.

The city was supposed to submit a post-installation analysis on the effectiveness of the camera system in improving safety at the intersection, according to IDOT. The cameras capture images of vehicles whose drivers don't obey red lights. The report was due in July 2021, three years after the cameras were installed, IDOT said.

City officials maintain they could not submit the analysis because IDOT had not compiled 2021 crash data, even by May 2022. It said the data is needed from IDOT because crashes at the intersection are typically handled or reported to one of three agencies: Oakbrook Terrace police, Oak Brook police or the DuPage County sheriff's office. Police agencies then inform the state of crashes.

Oakbrook Terrace is also arguing that IDOT has no authority to regulate the operation of the camera system. IDOT had the authority only to regulate the installation, according to the lawsuit.

Neighboring Oak Brook has protested the cameras, contending they target people shopping at Oakbrook Center mall in Oak Brook. The mall is on the northeast corner of the intersection.

Oak Brook officials also contend the system caused an increase in crashes, rising from 23 in 2015 to 49 in 2019.

"The Village of Oak Brook is committed to seeing the removal of these red-light cameras through to the very end," Oak Brook manager Greg Summers said in a written statement Tuesday.

Oakbrook Terrace Mayor Paul Esposito could not be reached for comment.

In May, Tony Ragucci, the former mayor of Oakbrook Terrace, pleaded guilty in federal court to honest services wire fraud and filing false tax returns, for taking at least $88,500 in payments to ensure the city renewed its contract with SafeSpeed LLC, the red-light camera company. The payments came from someone with a financial interest in the company and from employees of a contractor SafeSpeed used, according to the federal indictments.

"SafeSpeed had no knowledge of these activities and provided none of the alleged bribe money," said Noelle Gaffney, a spokesperson for SafeSpeed.

Oak Brook officials said the case should be factor in whether the red-light cameras stay.

"It is difficult to fathom how such glaring evidence of corruption could result in a stay of lawful order from IDOT," Summers said in his statement. "Only in Illinois could corruption result in a public policy decision that is left to stand even after the full scheme is exposed."

The cameras were installed in 2017. The city received more than $5.4 million in fines in 2018, according to the city's 2019 financial report. After paying for equipment rental and operating expenses, the city netted $3.2 million that year.

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