Declaring a city fee charged to cellular phone users “unlawful,” a local business filed suit late Friday against the City of Chicago, city officials and Cellular One.
The action, brought by Wagner and Associates in Cook County Circuit Court, contends that the city lacks the statutory authority to impose the $1.25-a-month fee charged to mobile phone users with city billing addresses. The fee, which took effect April 1, was intended to help defray the cost of 911 emergency service.
The suit also alleges that while the fee is charged to customers with Chicago billing addresses, others who benefit from 911 service are not charged.
“If someone knows about it, it’s easy to avoid,” said Myron Cherry, one of the attorneys representing the plaintiffs.
Nina Cadsawan, a spokesperson for the city’s legal department, said she had not seen the suit and could not comment.
The suit seeks an injunction against the defendants from collecting the fee as well as return of the money–with interest–already collected.
