Constitutional Challenge to Illinois Fuel Tax Signs Nixed (1)

An Illinois law requiring gas stations to post notices of a reduction in gas taxes will stand for now after a federal trial court rejected a trade association’s challenge.

The Illinois Fuel & Retail Association sought to overturn recent amendments to Illinois’s motor fuel tax that require retailers to inform customers that the state suspended the inflation adjustment to the tax from July 1 through the end of the year. Failure to comply results in a $500 per day fine. The group argued the amendments violated retailers’ free speech and equal protection rights under the US Constitution.