By: Derek Hawkins//March 28, 2017//
7th Circuit Court of Appeals
Case Name: Tamara Simic v. City of Chicago
Case No.: 15-2496
Officials: POSNER, WILLIAMS, and HAMILTON, Circuit Judges.
Focus: Lack of Standing
On November 7, 2014, plaintiff Tamara Simic was driving in Chicago and texting on her cell phone. A police officer issued her a ticket because texting while driving violates a Chicago ordinance. Simic failed to pay the ticket, and the City took steps to collect a fine. Simic then sued the City, claiming that the ordinance is unconstitutional. She moved for a preliminary injunction to halt enforcement of the ordinance throughout Chicago, but the City then non-suited its case against her. The district court denied Simic’s motion for an injunction, and Simic has appealed. We affirm the district court’s denial of Simic’s motion for a preliminary injunction for two reasons. Simic did not face any threat of irreparable harm. Also, without assessing her likelihood of success on the merits of her constitutional arguments, it appears that Simic lacks Article III standing for the relief she seeks. Once our mandate issues, the district court should consider dismissing Simic’s lawsuit for lack of jurisdiction
Affirmed