Nair Law LLC
  • Home
  • Biography
    • Rishi Nair >
      • Representative Experience
      • Publications & Awards
      • Professional & Civic Activities
      • Additional Background
  • Nair Law LLC Blog
  • Press Coverage
  • Contact Us
  • Disclaimer

ILLINOIS APPELLATE COURT REVERSES TRIAL COURT ON STANDING IN FIRST AMENDMENT CHALLENGE TO CHICAGO DISORDERLY CONDUCT ORDINANCE

9/13/2012

0 Comments

 
The ISBA reports today that a recent Seventh Circuit Decision in Bell v. Chicago Police Chief Keating, No. 11-2408 (September 10, 2012) has threatened a Chicago Municipal Code Ordinance, Section 8-4-010(d), which prohibits acts of disorderly conduct when individual knowingly fails to obey lawful police order under circumstances where three or more other persons are committing acts of disorderly conduct in immediate vicinity, and where said acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm.  The plaintiffs alleged that the Ordinance violated their First and Fourteenth Amendment rights.  The District Court ruled that the plaintiff's lacked standing to bring a facial Constitutional challenge to the ordinance.  The Seventh Circuit reversed the Northern District of Illinois, Eastern Division and concluded that there was standing.

Read More
0 Comments

CHICAGO'S SCHOOL SPEEDING CAMERA PLAN HITS A LEGAL SNAG

9/12/2012

0 Comments

 
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).

Read More
0 Comments

    Author

    Rishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C.

    Archives

    October 2013
    September 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012

    Categories

    All
    Accident
    ADA
    Affirmative Defense
    Alienation Of Affection
    Appeal
    Association
    Award
    Bankruptcy
    Breach Of Contract
    Breach Of Warranty
    Cancellation
    Cease And Desist
    Certify
    Choice Of Forum
    Choice Of Law
    Civil Rights
    Civil Rights Act Of 1964
    Class
    Class Action
    Commerce Clause
    Common Carrier
    Common Elements
    Compliance
    Condo
    Condominium
    Constitution
    Constitutional Rights
    Contracts
    Conversion
    Countersue
    Criminal Defense
    Debt
    Debt Collector
    Deep Dish Pizza
    Defamation
    Defense
    Dilution
    Disability
    Discrimination
    Dog Bite
    Driver
    Duty Of Care
    Elements
    Employment
    Employment Litigation
    Expert
    Express Warranty
    Failure To Maintain
    Fall Protection
    FDCPA
    Federal
    Federal Law
    First Amendment
    FOIA
    Forcible Entry And Detainer Act
    Forum Non Conveniens
    Fourteenth Amendment
    Hotel
    Illinois
    Illinois Law
    Implied Warranty
    Infringement
    Injunction
    Insurance
    Intellectual Property
    Intentional Tort
    IP Litigation
    IP Litigation
    Jury
    Jury Verdict
    Lawsuit
    Litigation
    Medical Malpractice
    Negligence
    Negotiate
    Osha
    Personal Injury
    Product Liability
    Property
    Protected Conduct
    Real Estate Landlord Tenant Ordinance
    Real Property
    Reckless
    Retaliation
    RLTO
    Safety
    Second Appellate District
    Section 1983
    Seniority
    Settlement
    Seventh Circuit
    Special
    Speeding
    Sports
    Subrogation
    Tax
    Taxation
    Ticket
    Title VII
    Tort
    Tortious Interference
    Trademark
    Trademark Enforcement
    Trademark Litigation
    Trespass
    Trespass To Chattels
    TTAB
    Uniform Commercial Code
    Unpaid
    Vehicle
    Workplace Accident

    RSS Feed

    Privacy Policy
    Terms of Use
    Disclaimer


Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from Phil Roeder