On Friday the 3-person Land Use & Legislative Committee of the Joliet City Council pushed forward the city ordinance allowing towing for illegal window tint to be voted on by the City Council Tuesday Aug 15. The ordinance was approved 3-0, despite lacking clarity and definitive warning measures for Joliet residents.
The ordnance if approved will allow officers to tow vehicles, at their discretion, for window tint that exceeds Illinois statutes of 35% visibility. The proposed start date of the ordinance is January 1, 2024.
Under this policy, if your car is towed for excessive window tint, the estimated cost to the driver would be over $1000 this includes the towing and administrative fees, citation costs, court fees. It can also increase depending on your vehicle model, your location, and the towing company used.
When discussed at the July 18th City Council Meeting. Councilman at Large Cesar Guerrero, a member of the Land Use and Legislative Committee, argued that towing for illegal window tint would be “excessive” and “disruptive.”
“It can strip working class people of reliable transportation… putting their employment at risk, “said Guerrero.
Councilwoman Dist. 5 Suzanna Ibarra also stated the punishment was “harsh” for the violation, especially because it is a petty offense. In an 8-1 vote, the council agreed to table the ordinance for an eventual revote. The council discussed the possibility of a warning and programming for residents to check their window tint.
However, Friday’s approval by the committee was the same ordinance they tabled in July with no changes. When Councilman Guerrero, referenced adding language change adding a warning to the ordinance, Deputy Corporation Counsel, City of Joliet Christopher Regis, said there is no way to track if a motorist received a warning in the past.
In an interview with the Times Weekly, Ibarra said, “Nothing has changed, they are presenting the same version.” “Autonomy is still only on the police officer.”
Sergeant Dwayne English, Joliet Police Public Affairs Officer, said that the push of this ordinance was due to an increase in heavily tinted vehicles. These tint checks allow officers to assess potential threats especially because vehicles with illegally tinted windows are often “involved in criminal activity.” “This can range from misdemeanors to homicide,” he said.
Illegal window tint was previously a towable offense, the police department just struggled to enforce it because they lacked technology for window tint, said English. “This is a safety issue for the officer, the driver of the vehicle, and others on the road,” he argued.
Ibarra wants officers to feel safe on the job but also doesn’t want her constituents to face outrageous fines. “Most people can’t afford that on a regular salary,” she said.
Karl Ferrell, local resident, said that the ordinance is a violation of the public’s fourth amendment. This impedes on citizen’s rights and freedom from unreasonable search and seizure without a warrant.” He argued that we must recognize the Supremacy Clause of the Constitution that supersedes all local and state policies.
Meanwhile, Regis, stated on Friday, “I’m very confident in the constitutionality of the ordinance.”
Ibarra added that she’s getting pushback and emails from District Five residents who feel they may be targeted and undergo illegal search and seizure. “There needs to be more community education. [The Joliet Police] should be at community events with their tint meters.” Ibarra continued.
“I’m still waiting to see if the ordinance is found to be constitutional by Corporation Counsel. We want to be compliant with Illinois state law and constitution.” said Ibarra.
Ferrell said that the ordinance is a way for the city to generate money. “This money is gonna come from Black and Brown people,” he said. “It’s an act of predatory policing that’s going to impact certain areas.” Ferrell also said that he expects litigation over the ordinance.
Joliet Mayor Terry D’Arcy said, “It is not a way to raise money for the city.” However, the city stands to make around $700 in fees.
Some residents have grave concern this new ordinance will be used as a “fishing expedition.” Cornell Law School describes this process of strategically searching for information or evidence about an individual through traffic stops.
Regis said, “When a car is towed the officer under department policy must take inventory for legal purposes.” Although, this is not classified as search and seizure any contraband found in the vehicle is admissible in court. This is the point of contention that many in the community are concerned about.
