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Judge dismisses cell phone lawsuit

File photo of Jim Urban of Brooklyn driving in New York City using a hands-free device dated October 19, 2001. (RLW/RW/Robin Weiner/WirePix UPI)
File photo of Jim Urban of Brooklyn driving in New York City using a hands-free device dated October 19, 2001. (RLW/RW/Robin Weiner/WirePix UPI) | License Photo

CHICAGO, July 3 (UPI) -- The current ban on cell phone use while driving in Chicago is "rational," a federal judge said in dismissing a related lawsuit.

U.S. District Judge Ruben Castillo wrote in his decision to dismiss a lawsuit the 3-year-old ban is intended to prevent automobile accidents and ensure the safety of the city's residents, the Chicago Tribune said Wednesday.

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Castillo said in Monday's ruling: "The justification for the ordinance is clearly rational: the safety of the people on the city's streets."

Attorney Blake Horwitz had brought the lawsuit against the city in an attempt to quash the ban and prompt refunds of all related tickets. The Tribune said Horwitz wanted to parley the litigation into a class-action lawsuit.

Horwitz argued the 2005 ordinance, which only allows hands-free cell phone devices to be used by drivers, was not properly posted on city signs as per a state statute.

"We've always said there is a rational basis for the ordinance," Horwitz told the Tribune. "The issue is whether they are properly notifying people."

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