PEORIA, Ill. — Illinois gas station managers are poised to launch a legal battle against the state over mandatory gas tax notifications included in the Illinois State Budget for the coming year.
Under the budget law, the state’s scheduled two cent gas tax hike in July is being put off to January.
The budget law also says gas station managers must post signs telling people about that or else face fines of up to $500 per day.
On Friday, we learned members of the Illinois Fuel and Retail Association have voted to approve a course of legal action against the state.
It was a warning we learned about from IFRA President and CEO Josh Sharp just over a week ago.
On principle Sharp disagrees with the decision to delay an increase in the state’s gas tax as lawmakers promised and delivered in the last state legislative session.
He says, all it will mean is an additional gas tax increase in 2023, but he also takes issue with the forced notifications.
He notes grocery stores are not facing the same stringent state requirement.
For grocery chains, “there’s no fine or penalty associated with it,” Sharp says.
When asked, Sharp suggested there could be lawsuits filed on constitutional grounds, indicating some gas station managers might consider “forced speech” as a form of a violation of free speech rights.
He could not say whether he expected the cases to reach class action status at any point and he did not indicate whether any cases are currently pending, but he said his organization certainly plans to help station managers in any such efforts.
