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The Illinois Supreme Court recently held that the trial court properly dismissed a class action lawsuit against the City of Chicago that had claimed that the City’s water main replacement program increased the risk of harm to the plaintiffs of lead poisoning. Specifically, the Supreme Court determined that the plaintiffs did not establish that they suffered any bodily harm by any alleged negligence by the City, and that plaintiffs could not recover solely on their claim that the City’s project increased their risk of harm. The Court also dismissed the plaintiffs inverse condemnation claims finding that the plaintiffs did not…
Illinoisans have not yet received official guidance from the State of Illinois on Halloween activities and events. However, yesterday the CDC posted guidance about Halloween activities and other fall holidays on its website that may be of interest to readers. The CDC has assigned various levels of risk to Halloween-related activities. For those wondering how traditional trick-or-treating will be categorized (or its close cousin, “trunk-or-treat”), the CDC has assigned these activities to its “high risk” category. Hayrides, indoor costume parties, and indoor haunted houses are similarly assigned to the high risk category of activities. The CDC notes that traditional costume…
Ancel Glink’s employment law blog, The Workplace Report with Ancel Glink, recently reported on updated EEOC guidance to employers regarding COVID-19. We’ve reprinted the post below but we also encourage you to visit and subscribe to The Workplace Report here. EEOC UPDATES ITS CORONAVIRUS GUIDANCE Throughout the pandemic, the EEOC has maintained a list of frequently asked questions for employers regarding Coronavirus-related issues. The FAQs are informative, and we suggest that employers take a look at them, which they can do by clicking here. Last week the EEOC updated some of its FAQs, and we have highlighted a…
We’ve previously reported on a few cases involving challenges to municipal impound and towing charges. Recently, an Illinois appellate court considered a challenge to a City of O’Fallon ordinance that imposes a $500 charge on a driver whose vehicle is impounded for a DUI offense. Saladrigas v. City of O’Fallon The Village ordinance imposes the $500 charge in addition to other fees imposed for towing and storage of the vehicle and penalties imposed for the DUI offense. A driver who was assessed this $500 charge challenged the ordinance, claiming it was an unconstitutional administrative fee as it was not reasonably…
An Illinois Appellate Court recently issued a ruling in favor of a Sanitary District, the City of Champaign, and other government bodies in a challenge to invalidate an intergovernmental agreement and other ordinances that affected the development of the plaintiff’s property. I-57 & Curtis, LLC v. Urbana & Champaign Sanitary District. The challenged IGA and ordinances allowed the plaintiff to annex its property to the Sanitary District (and connect to the Sanitary District’s sewer system) only if the plaintiff entered into an annexation agreement with the City of Champaign to annex the property to the City. The plaintiff objected…
It’s been awhile since we have reported on social media activities that result in an employee’s termination.  An Illinois municipality recently fired its police chief for posting a meme on his personal Facebook page that showed people looting from a store, with the following caption: Looting….when free housing, free food, and free education just aren’t enough The village issued a press release about the termination: We hold all of our public officials to the highest standards in their personal and professional lives in Orland Hills. This social media post is in incredibly poor taste. It does not reflect the values…
Protect Our Parks, Inc. and Maria Valencia filed a lawsuit against the City of Chicago and the Chicago Park District to try stop construction of the Obama Presidential Center in Chicago’s Jackson Park. The plaintiffs claimed that the Obama Presidential Center project does not serve the public interest but rather the private interest of its sponsor, the Barack Obama Foundation. Specifically, they argue that the defendants violated Illinois’ Public Trust Doctrine by transferring control of public parkland to the Obama Foundation for a purely private purpose. They also argue that the defendants acted beyond their legal authority when they entered…
As we reported last week, Ancel Glink’s Quorum Forum Podcast went “live” to discuss a new court decision about emails and texts on government officials’ and employees’ personal accounts. We also explained what qualified immunity is for local governments in the ongoing national conversation about claims against police.  If you missed this episode when it went “live,” no problem – you can tune into the audio recording on our Quorum Forum Podcast website here. You can also watch it on YouTube or Facebook.        …
There have been a number of legal challenges to Governor Pritzker’s COVID-19 related executive orders, many of which we have reported about on Municipal Minute. Recently, one of those challenges made its way to the 7th Circuit Court of Appeals (a federal appeals court). In Republican Party of Illinois v. Pritzker, the 7th Circuit upheld Governor Pritzker’s restrictions on gatherings against a challenge that the gathering restrictions were unconstitutional because they favored the free exercise of religion over political speech. The Republican Party argued that the Governor’s gathering restrictions in various executive orders are illegal because they allow larger…
On September 3, 2011, I started Municipal Minute as a way to share new cases, recently enacted legislation, and other legal updates that might be of interest to local government officials and employees. Nine years (and 1799 blog posts) later, we are still reporting on new developments in the area of local government law. We have shared hundreds of PAC opinions on FOIA and OMA issues, numerous case summaries and legislative updates, and provided our readers with more COVID-related developments than we can count. It has been my pleasure to share my nerd-love for local government law with all of…
Quorum Forum 43: Public Records on Personal Accounts – LIVE! Join us for a live recording of the latest episode of Ancel Glink’s Quorum Forum podcast at 12:00 p.m. on Thursday, September 3, 2020. Julie Tappendorf will join us to review a recent Illinois appellate court decision finding communications pertaining to public business in public officials’ personal text messages and e-mail accounts are public records subject to FOIA. Then, Kathy Kunkle explains what qualified immunity means for local governments in the ongoing national conversation about claims against police. Just visit www.youtube.com/ancelglink on Thursday at noon to listen and share your…
Since June 26, 2020, the State of Illinois has been in Phase 4 of the Restore Illinois COVID-19 plan established by the Governor’s office. As we reported previously, the Governor had modified the Restore Illinois plan on July 15th to divide up the state into 11 regions to would allow the State to address resurgences of COVID-19 on a more individualized basis. In the last week, the Governor issued two orders that issued new mitigation requirements for Regions 4 and 7. Region 4 (Metro East) On August 18, 2020, Governor Pritzker issued EO 2020-51 instituting new mitigation and health…
Since June 26, 2020, the State of Illinois has been in Phase 4 of the Restore Illinois COVID-19 plan established by the Governor’s office. As we reported previously, the Governor had modified the Restore Illinois plan on July 15th to divide up the state into 11 regions to would allow the State to address resurgences of COVID-19 on a more individualized basis. In the last week, the Governor issued two orders that issued new mitigation requirements for Regions 4 and 7. Region 4 (Metro East) On August 18, 2020, Governor Pritzker issued EO 2020-51 instituting new mitigation and health…
New restrictions were announced today for Illinois bars and restaurants. These restrictions go into effect tomorrow, August 26, 2020. The new guidelines will require customers to wear a face covering during any interaction with wait staff and other other employees at bars and restaurants. That means that customers must wear face coverings when employees take customer orders, deliver food and beverages, and service tables. Face coverings must also be worn when picking up carry out orders. These new requirements apply to indoor and outdoor dining facilities throughout the State of Illinois, in all 11 regions. The updated dining guidelines can…
New restrictions were announced today for Illinois bars and restaurants. These restrictions go into effect tomorrow, August 26, 2020.  The new guidelines will require customers to wear a face covering during any interaction with wait staff and other other employees at bars and restaurants. That means that customers must wear face coverings when employees take customer orders, deliver food and beverages, and service tables. Face coverings must also be worn when picking up carry out orders. These new requirements apply to indoor and outdoor dining facilities throughout the State of Illinois, in all 11 regions. The updated dining guidelines can…
The Illinois Liquor Control Commission recently issued guidance to local liquor commissioners regarding their authority to temporarily suspend a liquor license for a period of 7 days in certain circumstances pursuant to section 7-5 of the Illinois Liquor Control Act. Section 7-5 provides as follows: If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing order the licensed premises closed for not more than 7…