Chicagoans Challenging the City’s Impound Program Will Appeal Court Decision

CHICAGO—Chicagoans challenging the city’s car impound program as unconstitutional will appeal a decision handed down yesterday by a federal district court. Nearly six years ago, the Institute for Justice (IJ) brought suit on behalf of five car owners whose vehicles were confiscated by the city for offenses for which they were not responsible. Several of the residents had their cars destroyed or sold by the city before they could afford to pay the fines and storage fees. 

“Chicago’s impound program has violated residents’ rights for far too long,” said IJ Senior Attorney Diana Simpson. “Innocent owners should not face sky-high fines and fees for others’ actions, and the city should not treat its car owners as a revenue source. We look forward to appealing this ruling and tackling head-on cases approving of this unconstitutional system.”

The appeal also offers the opportunity for two of IJ’s clients to rejoin the lawsuit after they were dismissed nearly five years ago. Veronica Walker-Davis and Jerome Davis had their car towed after Chicago police stopped an auto shop employee who was driving the vehicle on a revoked license. The city’s impound system required them to pay for the employee’s offense. Unfortunately, the city disposed of their car before the deadline to pay the fines and fees passed.

Following the filing of the lawsuit, Chicago reformed its impound program, including providing additional protections for innocent owners and reducing fines and fees. Unfortunately, these reforms did not go far enough to end the unconstitutional aspects of the program, and they did not include any attempt to help people whose rights had been violated under the previous program. IJ and its clients seek additional reforms and either the return of their vehicles or compensation for their losses.