United States Seventh Circuit

In an action challenging the constitutionality of a Chicago municipal ordinance prohibiting the use of wireless telephones without a "hands-free" device while driving a motor vehicle, district court judgment is affirmed where: 1) the court properly dismissed plaintiff's Fourth Amendment claims as the police had probable cause to stop them based on their violation of the hands free law; 2) the court properly dismissed plaintiff's equal protection claims as the distinction between plaintiffs and those who were not ticketed was rational; 3) plaintiffs have not alleged any plausible constitutional violation that might become the basis for holding the City liable; and 4) the court did not abuse its discretion by not permitting plaintiffs to amend their complaint as the proposed amendments would be futile.

Appellate Information

• Argued 04/09/2009
• Decided 08/13/2009
• Published 08/13/2009

Judges

• WOOD, Circuit Judge., Before MANION, ROVNER, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Blake W. Horwitz, Erica E. Faaborg (argued), Horwitz, Richardson & Baker, LLC, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Christopher S. Norborg (argued), City of Chicago Law Department, Chicago, IL, for Defendants-Appellees.