Chicago, Illinois – The City of Chicago is seeking the dismissal of a lawsuit brought against it by Wynne Transportation, a Texas bus company. Wynne Transportation had previously sued the city, claiming that its bus ordinance was unconstitutional and unfairly targeted buses transporting migrants. In response, the city made changes to its ordinance in December, requiring bus companies to obtain permission before dropping off migrants at designated zones.
Wynne Transportation filed its federal lawsuit in January, after the city had already filed multiple lawsuits in state court against bus companies accused of violating the new regulations. According to the city’s law department, it has filed 95 violations against 30 bus companies so far.
The city’s attorneys argue in their response that there is no merit to Wynne’s claims and that the lawsuit should be dismissed. Wynne Transportation, which has been contracted by the Texas government to transport migrants to Chicago and other U.S. cities, challenges the constitutionality of the ordinance, claiming it interferes with interstate commerce laws and the rights of migrants.
Attorney Mike Kozlowski, representing Wynne Transportation, argues that the city’s ordinance infringes on the freedom of individuals to choose their destinations, likening it to any person trying to board a bus. Kozlowski believes that immigration is a federal issue and that the City of Chicago does not have the authority to legislate on it.
On the other hand, the city maintains that the regulation is non-discriminatory and applies equally to buses coming from Illinois or other states. Chicago’s attorneys also argue that Wynne Transportation wants to disregard the basic safety and traffic management concerns that underlie the city’s regulations.
Although it is not yet known when a hearing date will be set, two law professors have weighed in on the case. Steve Schwinn from the University of Illinois – Chicago describes the complaint as a political rather than a serious legal complaint, suggesting that it aligns with the Texas governor’s agenda. Schwinn believes that the claims made by the bus company do not hold water, as the city’s response demonstrates.
Nadav Shoked, a law professor at Northwestern University, criticizes the lawsuit as weak. He clarifies that the city is not preventing anyone from entering Chicago, but rather regulating how people can arrive in the city. Shoked argues that the lawsuit lacks merit in light of this fact.
The city’s law department has issued a statement asserting that its response to the lawsuit explains why it should be dismissed. As the case unfolds, its outcome will shed light on the balance between local regulations and federal immigration policies.