Huge Win for Industry: IRTBA v. Cook County

Transportation Advocates Hail Court Ruling Upholding Transportation Lockbox

CHICAGO - A coalition of industry groups praised the ruling by the Circuit Court of Cook County that enforced the Safe Roads Amendment against Cook County. The Court ruled that the County could not justify its use of any of its home-rule transportation tax revenues in Fiscal Year 2023. Therefore, the Court ruled that the County spent $243,179,877.72 in transportation revenues in violation of the Safe Roads Amendment. Cook County had first argued that the Illinois Constitution did not apply to its practices; the Illinois Supreme Court rejected that argument in 2021. For the past five years, Cook County has continued to spend transportation revenues in violation of the Illinois Constitution. The Court's well-reasoned decision should put an end to that. 

A coalition of industry groups brought a lawsuit against Cook County for violations of the Safe Roads Amendment to the Illinois Constitution (Article IX, Section 11). The suit alleged that Cook County unlawfully diverts approximately $243 million annually in revenue collected from transportation-related taxes and fees. Cook County did not deny that those taxes and revenues are generated from transportation-related activities, but claimed that the reference to the enforcement of transportation-related laws allowed it to spend them on the judiciary and the Sheriff's Department. Prior to the commencement of the trial, the Court ruled that only enforcement of the rules of the road are the laws that the Constitution referenced.

Nearly 79 percent of Cook County voters in 2016 supported the Safe Roads Amendment, which places transportation fees collected into a "lockbox" to prevent funding diversions.

"We are gratified with the Circuit Court's decision that requires Cook County to finally obey the will of the voters and the Illinois Constitution, as other units of government and the State of Illinois have done since the Amendment was enacted," said IRTBA President & CEO Mike Sturino. "We look forward to working with Cook County to ensure compliance with the County's constitutional obligations while avoiding disruptions to the County's public services," he added.

"This is a victory for every resident and business in Cook County," said John Healy, Chairman of the Board of the IRTBA. "The County now must allocate needed resources to address urgent transportation infrastructure needs throughout Cook County," he added.

"The Circuit Court of Cook County has stated in no uncertain terms that the County must live up to its obligations arising under the Illinois Constitution," said John Fitzgerald, who represented the plaintiffs in the case.

At trial, IRTBA President and CEO Michael J. Sturino testified that Cook County transportation tax revenues could make significant impacts on transportation needs throughout the County, including on the following projects:

• I-290 and Blue Line Corridor: It is in the Top 10 most congested highways in America. Improvements can ameliorate congestion on that corridor.
• CREATE, which is intended to untangle old freight rail lines on the Southwest Side of Chicago.
• Vision Zero, which will ameliorate dangers for pedestrians and bicyclists.
• Improvements to I-190 to significantly enhance accessibility to and from O'Hare International Airport.
• Safety improvements to bridges throughout Cook County. 
• Accelerate work to make pedestrian crossings and transit in Cook County more ADA-compliant and accessible to commuters with disabilities.

The industry coalition includes the American Council of Engineering Companies of Illinois, Associated General Contractors of Illinois, Chicagoland Associated General Contractors, Concrete Pipe Association of Illinois, Federation of Women Contractors, Great Lakes Contractors Association, Illinois Asphalt Pavement Association, Illinois Association of Aggregate Producers, Illinois Ready Mixed Concrete Association, Illinois Road and Transportation Builders Association, and Underground Contractors Association. The coalition was represented by John Fitzgerald, Michael J. Grant, Amanda Catalano, Jake Andreasen, and Kaitlyn Kloss with Tabet DiVito & Rothstein, LLC.

• CBS: Judge Rules Cook County Misspent $243 Million in Transportation Funding
• Chicago Tribune: Cook County Loses Road Money Suit as Judge Rules $243M Misspent
• Daily Herald: Court Rules Cook County Erroneously Used $243 Million Meant for Roads and Bridges
• ENR: Court Rules Cook County Misspent $243M in Transportation Funds
• Legal Newsline: Cook County Can’t Detour $240M in Transportation Funds, Judge Rules
• NBC: Judge Rules Cook County Improperly Spent $240 Million in Transportation Funds