The Illinois Fuel and Retail Association, IFRA. said on Monday it's disappointed in a federal judge's ruling on Friday that denied a preliminary injunction regarding the recently passed law requiring gas stations to post stickers on gas pumps noting the state temporarily suspended a gas tax increase.
“Obviously, we are very disappointed by Judge Myerscough’s decision. She issued her ruling before we were even allowed to argue the merits of our case in court. Her ruling contradicts common sense, basic economic principles and most importantly, the Constitution. The Association continues to believe government does not have the authority to compel private businesses to post what is essentially election year propaganda,” said Josh Sharp, CEO of the IL Fuel and Retail Association.
The IFRA said Federal District Court Judge Sue Myerscough made a decision on this case without hearing any oral arguments from either party.
If gas stations don't comply, they could face a $500 fine each day starting on July 1, 2022.
IFRA Disappointed in Court Ruling on Signage Requirements at Gas Pumps
“The idea that businesses now have to serve as a courier for state sponsored speech or face criminal sanctions and a $500 per-day fine should be deeply troubling to all Illinoisan’s, unfortunately Judge Myerscough disagrees," said Sharp.
While the association and its leadership discuss the next steps involved with the legal process, Sharp encouraged all of its members to follow the law beginning July 1 and post the required signage that IFRA distributed last week.
Sharp said the association could pursue an appeal, he's doubtful that the case would make it to an appeals court before the July 1 deadline.
Back in April of 2021, Governor JB Pritzker sent us the following statement in response to inquiries about the gas tax sticker:
As gas prices remain high, providing meaningful relief to working families is the Governor’s top priority. Suspending the gas tax increase accomplishes this. Informing consumers of the gas tax relief they are entitled to is a practice that dates back to 2000 under a Republican administration and does not promote the Governor or the lawmakers, including nearly every Republican, who voted for the measure. However, it ensures consumers see the benefit of bipartisan action.
Background:
SB 1310, passed in June of 2000, suspended the five-percent state sales tax on motor fuel and gasohol for a period of six months. Retailers were required to post a notice on each pump stating the price on the pumps should reflect the tax reduction.
The required 4-by-8 gas pump stickers will read:
As of July 1, 2022, the State of Illinois has suspended the inflation adjustment to the motor fuel tax through December 31, 2022. The price on this pump should reflect the suspension of the tax increase.