The precedent exists unbroken to this day and requires the arresting officer to testify about the presence of children during a hearing. This is why signs throughout Illinois in school zones have smaller lettering saying "When children are present." In other words, the school zone speed only exists when children are present and otherwise it is the default speed for that road (prior posted speed limit).
The Chicago Tribune is reporting that the City of Chicago has finally come to terms with the legal flaws in their school speed zone camera plan. Illinois, thanks to a nearly 40 year legal opinion authored by the then-Illinois Attorney General will only cite a driver from exceeding a posted school speed zone if there are children present. This is a necessary element that the State must prove beyond a reasonable doubt to enforce the ticket.
The precedent exists unbroken to this day and requires the arresting officer to testify about the presence of children during a hearing. This is why signs throughout Illinois in school zones have smaller lettering saying "When children are present." In other words, the school zone speed only exists when children are present and otherwise it is the default speed for that road (prior posted speed limit).
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The Seventh Circuit, on September 7, overturned a Northern District of IL decision awarding summary judgment to United Airlines over their policy of placing disabled employees in vacant positions only when a more qualified candidate was not available.
In EEOC v. United Airlines, Inc., 11-cv-1774, the EEOC alleged, and the Seventh Circuit agreed, that United Airlines violated the Americans with Disabilities Act by failing to immediately assign disabled employees who required reasonable accommodations to vacant positions as long as they are qualified for those positions and that placing the employees in such positions did not present an undue hardship to the employer. A Javan Macaque in Paso Robles California bit and severely injured a woman. According to the Chicago Tribune, the monkey was subsisting on Frost Flakes cereal and juice. Apparently, a monkey has a "dog-like bite" and bit the victim several times on her arms and fingers.
As a victim of an animal bite, that woman, if she was bitten in IL, would be able to seek damages from the owner of the pet. Chicago, in particular, has a dog-bite statute that provides remedies for pets, especially those from certain breeds or those that have a prior history of violent behavior. A Chicago Tribune article on a school district's battle against a discrimination lawsuit illustrates that a battle of experts may lead to victory, but only at great cost.
In 2004, District U-46, based in Elgin, IL, changed its district boundaries. In 2005 parents of children from District U-46 sued alleging that the boundary change was intentionally crafted to place minority students in substandard and overcrowded conditions. Further, the suit alleged that the District reduced these students' access to gifted and bilingual programs. |
AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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