The City of Alton Il passed ordinaces that went into effect on Jan 1, 2004. They singled out small automobile repair shops and their parking lots. Limiting 5 cars to be allowed on a lot for every bay door at each garage. They also passed an ordinace that requires a privacy fence for any vehicle showing any damage. They state no inoperative vehicle can be on the lot. Of course that is what these shops work on. They require that no car can be left on a lot for longer than 21 days or the owner has to take time off work to talk to the City and explain why the car is on the lot. I need to know if it is legal in the State of IL to discriminate against a buisness. Other area buisness (incls dealerships new and used)do not have a limit on how much buisness they can do, or how many cars are allowed on their parking lots, or hiding customers damaged vehicles. Can the City legally tow vehicles after 21 days or force you to allow them to tow them? Of course these ordinances were past by our alderman against the peoples protest. What recourse do we have to correct these ordinances and stop the harrasment by the Citys Attorney?
2 Answers from Attorneys
Re: City Ordinances
As you can see from my website, I am both a business litigator and a civil rights attorney, two fields that may be implicated in your dispute with the Village of Alton.
Unfortunately, the type of ordinance of which you speak does not come up very often, unlike, say, a typical breach of contract suit. Therefore, in order to provide you with legal advice as to the legal propriety of Alton's ordinance and, if unlawful, your potential remedy, legal research would be required.
While I generally am recepitive to providing general legal advice in this forum for free, the type of specific research required for your inquiry is beyond the bounds of offering information off the top of one's head.
If you (perhaps jointly with another business or two) would like to retain my firm to conduct such research and render a legal opinion, please feel free to contact me in this regard. I would be happy to help, as I find it to be an interesting legal issue with an unfair result.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]; 312-596-1700
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individually or with some of your small automotive competitors
For this, one reasonably must
Re: City Ordinances
Sorry I acn't help you on this one.