Judge’s order allows Oak Brook Terrace to reactivate red-light cameras at Route 83 and 22nd Street — for now

A DuPage County judge issued an order Monday, allowing Oakbrook Terrace to reactivate the red-light cameras at Route 83 and 22nd Street, at least temporarily.

After being ordered by the Illinois Department of Transportation in May to deactivate, and then remove, the cameras, Oakbrook Terrace filed a June 1 lawsuit, claiming that IDOT overstepped its authority with that directive.

Oakbrook Terrace claimed it was issued a needed permit by IDOT for the installation of the red-light cameras, but that once the system was installed, IDOT has no authority to regulate operation.

Judge Craig Belford on Monday denied an IDOT motion to dismiss Oakbrook Terrace’s motion to stay the IDOT decision. Oakbrook Terrace is authorized to reactivate the red-light cameras, pending the final disposition of the case. The next court date is schedule for Oct. 17.

The court order from Monday states that the issuance of a stay will not endanger the public, is not contrary to public policy and that there exists a reasonable likelihood of success on the merits.

Specifically, Belford’s order states that Oakbrook Terrace is “authorized to reactivate the automated traffic law enforcement systems located at the intersection of Illinois Route 83 and, 22nd, Street in the City of Oakbrook Terrace and to reinstate all associated equipment and signs as they existed prior to the issuance of the Notice of Revocation, pending the final disposition of the case. The Illinois Department of Transportation shall work in good faith with the City of Oakbrook Terrace to effectuate such reactivation.”

Oakbrook Terrace Mayor Paul Esposito said in a statement that the city’s residents and the traveling public is the number one priority.

“Judge Belford’s decision today reinstating the city’s right to operate its automated traffic law enforcement systems at the intersection of Illinois Route 83 and 22nd Street is a significant step toward achieving that goal,” he said.

The cameras, which became operational in August 2017, had been in use for southbound traffic on Route 83 and eastbound traffic on 22nd Street and generated more than $12 million in revenue for Oakbrook Terrace in just under five years via fines for violations.

Maria Castaneda, an IDOT public information officer, said in May that the permit issued to Oakbrook Terrace to operate the red-light cameras was revoked due to failure to comply by the city.

“Despite repeated requests, the city did not submit the post-installation analysis on the effectiveness of the camera system to improve safety at the intersection, as required by IDOT policy,” Castaneda said.

She said existing IDOT policy was developed to assist local agencies to obtain a permit to install red-light cameras on roads under state jurisdiction. The policy also allows IDOT to remove such cameras if it is in the best interest of the motoring public, Castaneda said.

Guy Tridgell, IDOT’s director of communications said Monday that the agency was awaiting a copy of the court’s order.

“As always, ensuring the safety of the traveling public will be IDOT’s top priority,” he said.

In June 2017, Oak Brook filed a lawsuit to have the cameras removed against IDOT, then Oakbrook Terrace Mayor Tony Ragucci and each of the city’s six aldermen at the time, and Nikki Zollar, president and chief executive officer of SafeSpeed, LLC, the company hired by Oakbrook Terrace to install the cameras. Oak Brook dropped the suit, with no real explanation of why, about six months later.

The Oak Brook Village Board was considering taking legal action again this year, but didn’t pursue that after IDOT ordered the cameras be deactivated and removed.

Oak Brook Village Manager Greg Summers said Monday that if IDOT would have informed Oak Brook about Oakbrook Terrace’s filing for a stay of the red light camera revocation, the village would certainly have engaged to assist in defending the permit revocation in any manner possible.

“Judge Belford’s order is only a temporary stay, pending final disposition of the case, which means that the City of Oakbrook Terrace could have still had their day in court without reactivating the red light cameras until the full evidence could be heard,” Summers said

He said Belford’s order notes, in part, that “the issuance of a stay will not endanger the public.” “But we know from our own police report data that the red light cameras, when active, resulted in a 63% increase in traffic accidents recorded at this intersection, including a whopping 173% increase in rear end collisions; evidence which directly contradicts this order,” Summers said.

He said that Belford further notes that “the issuance of a stay is not contrary to public policy.”

“Yet, IDOT’s May 3, 2022 revocation of the permit specifically noted that “the City of Oakbrook Terrace has failed to comply with IDOT’s Safety Engineering Policy,” a direct policy violation. “Without a doubt, the reason for this failure to report was that IDOT’s policy requires accident data reporting, which would have explicitly revealed that the red light cameras were decreasing safety at the intersection,” Summers said.

He also said that with the plea agreement of former State Sen. Martin Sandoval, chair of the state’s Transpiration Committee, and the recent indictment of former Oakbrook Terrace Mayor Tony Ragucci, both having to do with the red-light cameras, “it is difficult to fathom how such glaring evidence of corruption could result in a stay of lawful order from IDOT.”

“Only in Illinois could corruption result in a public policy decision that is left to stand even after the full scheme is exposed,” Summers said.

He said Oak Brook is committed to seeing the removal of the red light cameras through to the end.

Chuck Fieldman is a freelance reporter for Pioneer Press.