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* Tribune…
Lincoln Towing Service may be off the hook for years of alleged towing violations after a Cook County judge Wednesday reversed the state’s decision revoking its license.
In his ruling, Cook County Circuit Judge Neil Cohen said the Illinois Commerce Commission “violated fundamental fairness and…due process rights” by failing to advise Lincoln Towing that it could lose its license as a result of the hearing process.
The ICC voted unanimously in September 2018 to revoke Lincoln Towing’s license in the wake of a 2016 investigation that found 831 alleged violations over an eight-month period. It ordered Lincoln to immediately cease towing operations and park its fleet of trucks.
#facepalm
posted by Rich Miller
Wednesday, Jan 15, 20 @ 1:16 pm
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then-Alderman Ameya Pawar did a lot of work to get that license revoked. It appears Pawar Lost, again.
Comment by Pawar Lost Wednesday, Jan 15, 20 @ 1:18 pm
The ghost of Steve Goodman joins you in the facepalm
Comment by Red Ranger Wednesday, Jan 15, 20 @ 1:30 pm
To me way, hay
Tow them away
The Lincoln Park Pirates are we
From Wilmette to Gary
There’s nothing so harried
And we always collect are fee
- Steve Goodman
Comment by Yup Wednesday, Jan 15, 20 @ 1:31 pm
That seems like an face palm move, but not necessarily uncommon out of Cook County. I’d like to see the court’s order, if available, along with the agency’s final order. So long as the Notice includes what it needs to, how could it possible not place Lincoln Towing on notice? Circuit courts are often overruled at the appellate court level on administrative review for getting it wrong. Way wrong.
Comment by Regulator Wednesday, Jan 15, 20 @ 1:35 pm
OMG these guys are sooooooo bad. The truly need to go.
Comment by allknowingmasterofraccoodom Wednesday, Jan 15, 20 @ 1:43 pm
Judge Cohen: Let ‘em tow, let ‘em tow, let ‘em tow.
Comment by Michelle Flaherty Wednesday, Jan 15, 20 @ 1:52 pm
Can the ICC get a mulligan? There isn’t any double jeopardy to worry about in this process, is there?
Comment by 47th Ward Wednesday, Jan 15, 20 @ 1:58 pm
Even if they can’t get a mulligan, Lincoln Towing will surely strike again, and they can have their license revoked for new infractions.
Comment by Albany Parker Wednesday, Jan 15, 20 @ 2:06 pm
Take this with a huge grain of I’m a hack salt.
Cohen should have his robes yanked. He’s one of the worst judges in Cook County. Hopefully he’s up for retention soon.
Comment by 19th Ware Guy Wednesday, Jan 15, 20 @ 2:06 pm
Sitting in my car, moaning “no no no no no”, and I’m in Central Illinois.
This is the sort of thing that leads to conspiracy theories…
Comment by Lynn S. Wednesday, Jan 15, 20 @ 2:07 pm
@19th Ware Guy. Cohen is an associate judge so the only voters he faces are the full circuit judges. By the way, Cohen is not a “hack” and he is a very fine judge.
Comment by Bourbon Street Wednesday, Jan 15, 20 @ 2:13 pm
So, notwithstanding that *everyone* in Chicago knew that the whole point was to revoke their license, Lincoln Towing didn’t know?
Exhibit 32,674 on why the judicial system has credibility issues.
Comment by Chris Wednesday, Jan 15, 20 @ 2:14 pm
Looks like a failure of Chairman Sheahan to dot his i’s and cross his t’s. The Commission failed to give notice of the possibility that the license would be revoked in its initiating order. You can’t revoke a license without notice…
Comment by Notorious RBG Wednesday, Jan 15, 20 @ 3:16 pm
Bourbon Street U are a party of one. The Circuit judges should remove him then. Agenda driven judge.
Comment by 19th ward guy Wednesday, Jan 15, 20 @ 3:30 pm
I do love how most dislike a judge who disagrees with them.
Just wait, he’ll make a ruling people like, suddenly, he’s the best judge ever.
Comment by Bruce (no not him) Wednesday, Jan 15, 20 @ 3:52 pm
Bourbon Street is correct. Cohen is an excellent judge. The ruling doesn’t mean that the ICC can’t go after Lincoln Towing again. Cohen was pointing out that LT didn’t get due process. LT may be a totally corrupt entity, but shouldn’t everyone have a fair shake under the law?? Why should any government have free rein to suspend any license without due process??
Comment by Steve Rogers Wednesday, Jan 15, 20 @ 3:52 pm
@Chris -
Respondents are not expected to defend a case based on what “everyone knows”. They respond to the plaintiff’s complaint, which is supposed to state the relief asked for.
Comment by JoanP Wednesday, Jan 15, 20 @ 4:14 pm
If Cohen wrote an opinion, I’d like to see how the specific failure manifested. Was the prehearing notice insufficient or misleading? Do the regulations require different procedures for revocation? Otherwise, it just reads like Lincoln Towing was subjectively unaware that the penalty might be harsh.
Comment by anon Wednesday, Jan 15, 20 @ 4:28 pm
I found the Sun-Times story which explains more clearly that the ICC messed up:
Cohen wrote the commission erred by immediately revoking Lincoln Towing’s license despite an administrative law judge’s finding the company “was fit, willing and able” to operate legally.
“While the Commission arguably could have ordered that Plaintiff’s license not be renewed upon its expiration … it could not revoke” the license pursuant to a fitness investigation, Cohen wrote.
Comment by anon Wednesday, Jan 15, 20 @ 4:31 pm
This is what bothers me about governance and the court system in general. Let’s say the judge is right that the issue here is that Lincoln Towing didn’t receive proper notice. The investigation happened in 2016. The ICC ruled in 2018. The Cook County judge rules in 2020. Meanwhile Lincoln Towing has continued to operate when ICC could have just non-renewed the license.
Comment by Chicagonk Wednesday, Jan 15, 20 @ 5:02 pm
That Rauner’s very political appointees to the ICC flubbed an order is no surprise. Under the prior administration, agency leadership was gutted and replaced by highly paid folks willing to tow the line. Now the agency is a shell of its former self and the regulated entities know it. Half the remaining staff is still afraid to question a utility for fear of firing or reassignment. A housecleaning and restoration effort by JB is long overdue.
Comment by Nobody Sent Wednesday, Jan 15, 20 @ 5:43 pm
Im no atty but this looks like a staff/ lawyer mistake, one would think there would be double checking on something like this ?
Comment by theCardinal Wednesday, Jan 15, 20 @ 6:49 pm
OMG- I agree whty cant we just nor renew license?
Comment by SteveB Wednesday, Jan 15, 20 @ 8:58 pm