SPRINGFIELD – The Illinois Fuel and Retail Association, representing Illinois gas stations and convenience stores, has announced it has officially filed a lawsuit in Sangamon County Circuit Court challenging a new state law requiring fuel retailers to post signs on gas pumps promoting temporary gas tax relief.
As part of a broader tax relief package included in the state budget that begins July 1, state lawmakers required fuel retailers to post signs – at their own expense – to tell motorists about the six-month suspension of the scheduled motor fuel tax increase scheduled for July 1.
Josh Sharp, CEO of the Illinois Fuel and Retail Association, said the new law violates his members’ constitutionally protected free speech rights.
“Government does not have the authority to compel private citizens to engage in political speech,” Sharp said. “If the Governor and lawmakers want to promote their political move to temporarily and slightly decrease the gas tax, they have many other ways to do that than to force our members to do it and pay for it ourselves.”
The complaint reads in part: “This specific amendment to the Motor Fuel Tax Law requires Plaintiffs and other retailers to choose between making a political statement they do not wish to make to their customers or the general public on behalf of the State of Illinois or facing criminal penalties. SB 157 violates Plaintiffs’ Free Speech rights as protected by Article 1, Section 4 of the Illinois Constitution, and the First Amendment to the United States Constitution by compelling political speech.”
Sharp also noted the onerous penalties contained in the new law.
“The penalties for not engaging in forced political speech is a fine as high as $500 per violation,” Sharp said. “This legislation is an overreach, and we have no choice but to go to court and try to stop it.”
The lawsuit has been filed in the Seventh Judicial Circuit in Sangamon County. The lawsuit is Case NO. 2022MR000227. For more information about the Illinois Fuel and Retail Association, visit www.fuelingillinois.com.