CHICAGO (CBS) — A Chicago motorist has filed a lawsuit demanding millions of dollars in refunds for tickets issued by school zone speed cameras on days when classes were not in session.

Attorney Jacie Zolna said the state law allowing Chicago to install speed cameras near schools clearly states tickets can only be issued on the legally-designated 170 school days.

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However, Zolna claimed the city issued more than 34,000 tickets in July and August alone, from 58 cameras set up in school zones.

“Because these cameras were being operated and enforced outside the time allowed by the Illinois statute, they’re unconstitutional,” he said. “They’ve run them on days when it’s not a school day. For example, it really is the largest part of our case and what really caught our eye, was they had run them during summer vacation.”

The city has asked to have the lawsuit dismissed, noting there were 71 students in summer school at Lane Tech High School when Zolna’s client, Ken Maschek was issued a $100 ticket for speeding near the school.

Zolna rejected the city’s argument, pointing out there are 4,000 students at Lane Tech on a normal school day.

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“During the school year, before or after school, the place is swarming with kids. I mean, they are just everywhere. If you drive by that school in summer, whether or not summer class may or may not be going on, it is a ghost town,” he said.

Zolna said the city improperly collected millions of dollars from motorists for tickets issued on non-school days, including summer vacation and Thanksgiving break. The suit seeks class-action status for any driver ticketed by a school zone speed camera on a day when schools were closed.

The city has asked a judge to dismiss the lawsuit, and a hearing has been scheduled for next month before Cook Count Judge Mary Mikva.

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The law allowing speed cameras also allows them to be set up near public parks, and in those zones tickets can be issued only during hours the parks are open – typically 6 a.m. to 11 p.m. seven days a week.