Pritzker defends mandated gas pump sticker in face of expected lawsuit

[April 28, 2022]  By Greg Bishop | The Center Square

(The Center Square) – Gov. J.B. Pritzker is defending the stickers gas stations must post about a delayed gas tax increase despite a First Amendment lawsuit that is being drafted and expected to be filed soon.

Last week, after the governor signed the state budget package requiring the stickers announcing the delayed tax, the Illinois Fuel and Retail Association’s Josh Sharp said to expect a lawsuit.

“The state of Illinois is seeking to force businesses under the threat of fines and criminal penalties to post political speech,” Sharp said, also pointing out this is an election year.

The fine would be $500 a day for non-compliance. The sticker must 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."

“There’s no political speech involved there, at all,” Pritzker said Wednesday. “And, here’s what we’re doing. We’re lowering the impact on people of the rise in prices of gas all across the world, but lowering the impact for the people here in Illinois.”

Illinois has among the highest gas taxes in the nation. The average savings from delaying the annual increase could be two to three cents a gallon for six months before it’s set to increase on Jan. 1, and then increase again July 1, 2023.
 

Asked why there wasn’t a required sticker for when the gas tax doubled in 2019, Pritzker didn’t respond Wednesday. In Pritzker's first year in office, the governor signed a bill into law that increased the state's gas tax from 19 cents a gallon to 38 cents. The legislation also included an automatic annual increase in the state's gas tax tied to the rate of inflation.

As to a looming lawsuit over what retailers say is compelled speech, Pritzker said it’s not a new concept.

“It’s the same sticker that was put on under the Republican governor 20 years ago, when the gas tax was cut,” Pritzker said. “Same exact one.”

Sharp said what happened 20 years ago is irrelevant.

“What happened two decades ago I’m not really sure about and I think there was strong pushback from our members then. We didn’t, to my knowledge, go to court to fight it, but this time we are,” Sharp said. “We just think it is very inappropriate to put this kind of requirement in place when you have state elections taking place in November.”

Sharp said Wednesday the lawsuit is being drafted and will be filed soon. The budget year begins July 1.

There will also be a year-long grocery tax decrease, going from 1% to zero percent. Grocery stores have to post signage or print on receipts the tax has been lowered, but there’s no penalty for non compliance.

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.