Joint Appendix — Thomas v. Chicago Park Dist.

Supreme Court brief2002

Ask Donna

What actually matters in this document.

Text

( ) — Supmeme Com 0]

“~

No. 00-1249 © » on

In the ot HO

Supreme Court of the Gnited States

CAREN CRONK THOMAS and WINDY CITY

HEMP DEVELOPMENT BOARD,

Petitioners,

vs.

CHICAGO PARK DISTRICT,

Respondent.

On Writ of Certiorari to the United States

Court of Appeals for the Seventh Circuit

JOINT APPENDIX

RICHARD L. WILSON STEVEN A. WEISS

Counsel of Record Counsel of Record

3610 Dubsdread Circle ScCHOPF & WEISS

Orlando, Florida 32804 312 West Randolph Street

(407) 649-9225 Suite 300

Chicago, Illinois 60606

WAYNE B. GIAMPIETRO (312) 701-9311

MICHAEL J. MERRICK

WITWER, POLTROCK Attorney for Respondent

& GIAMPIETRO

125 S. Wacker Drive

Suite 2700

Chicago, Illinois 60606

(312) 332-6000

Attorneys for Petitioners

PETITION FOR CERTIORARI FILED JANUARY 30, 2001

CERTIORARI GRANTED MAY 239, 2001

CONTENTS OF JOINT APPENDIX

Exhibit D to Complaint

Exhibit E to Complaint

Exhibit F to Complaint.

Exhibit G to Complaint

Chicago Park District Ordinance on

Use of Parks As Amended

l

US. District Court

Northern District of Illinois (Chicago)

CIVIL DOCKET FOR CASE #: 97-CV-2963

MacDonald v. Chgo Pk Dist

| Filed: 04/25/97

Assigned to: Hon. George M. Marovich

Demand: $0,000

Nature of Suit: 440

Lead Docket: None

Jurisdiction: Federal Question

Dkt# in other court: None

-_ cece a Et ee

Cause: 42:1983 Civil Rights Act

ROBERT MACDONALD __ Gregory Nathan Freerksen

plaintiff

Wayne B. Giampietro

Witwer, Poltrock &

Giampietro

125 South Wacker Drive

Suite 2700

Chicago, IL 60606

(312) 332-6000

Richard J. Wilson

Attorney at Law

3610 Dubsdred Circle

Orlando, FL 32004

(407) 649-9225

2

y. CHICAGO PARK DISTRICT, a body

political and corporate,

Steven A. Weiss

Kevin Thomas Kerns

Schopf & Weiss

312 Wett Randolph

Street

Suite 300

Chicago,IL

60606-1721

(312) 701-9300

defendant

Docket as of November 20, 2000 10:34 pm

Proceedings include all events.

TERMED

1:97cv2963 MacDonald v. Chgo Pk Dist

KEYS

COMPLAINT - Civil cover sheet -

(s) of Richard J. Wilson,

Wayne B. Giampietro, Gregory

Nathan Freerksen as

attorney(s) for Robert MacDonald (

and one copy of

summons(es) issued.) ( Documents:

1-1 through 1-3) (ar)

[Entry date 04/29/97]

RECEIPT regarding payment of filing

fee paid; on 4/25/97 in

the amount of $ 150.00, receipt #

492102. (ar)

[Entry date 04/29/97]

4/25/97 1

4/25/97 --

4/25/97 2

4/25/97 3

4/29/97 4

3/2/97

5/2/97

5/2/97

5/2/97

5

6

7

3

EMERGENCY APPLICATION by

plaintiff for preliminary

injunction; Notice of motion (ar)

(Entry date 05/01/97]

MEMORANDUM of law by plaintiff

in support of emergency

application for preliminary

injunction [2-1] (ar)

[Entry date 05/01/97]

ATTORNEY APPEARANCE for Chgo

Pk Dist by Steven A. Weiss,

Kevin Thomas Kerns (ar) [Entry date

05/01/97}

VERIFIED ANSWER by Chgo Pk Dist

and affirmative defenses;

Notice of filing (ar) [Entry date

05/06/97]

MOTION by defendant to strike or

deny plaintiff's

emergency motion for preliminary

injunction or to compel

deposition (Attachments); Notice of

motion (ar)

[Entry date 05/06/97]

WITNESS list by defendant; Notice

of filing (ar)

{Entry date 05/06/97]

ORAL MOTION by defendant to file

their response to

plaintiffs emergency application for

preliminary

5/2/97 8

5/5/97 10

4

injunction in excess of 15 page, but

limited to 25 pages (ar)

[Entry date 05/06/97]

MINUTE ORDER of 5/2/97 by Hon.

Arlander Keys : Defendant's

motion to strike [6-1] or deny

plaintiffs emergency motion

for preliminary injunction [6-2] or to

compel deposition

[6-3] is granted in part and denied

in part. Plaintiff is

to be made available for deposition

of 05/05/97 at 10:00

am. Defendant's response to

plaintiff's emergency

application [2-1] for preliminary

injunction is due 5/5/97

and hearing on said motion [2-1] is

set for 05/06/97 at

9:00 am. Both parties are to submit

their witness lists no

later than 05/02/97. Oral motion by

defendant to file

their response to plaintiff's

emergency application for

preliminary in excess of 15 pages,

but limited to 25 pages

[0-1] is granted. Mailed notice (ar)

[Entry date 05/06/97]

MEMORANDUM by defendant in

opposition to motion for

preliminary injunction [2-1]; Notice

of filing (ar)

{Entry date 05/08/97]

5/6/97 --

5/6/97 9

5/6/97 11

5/6/97 12

5/6/97 13

5

SCHEDULE set on 5/6/97 by Hon.

George M. Marovich : Status

hearing set for 6/17/97 at 9:30 am

Mailed notice (js)

(Entry date 05/06/97]

MINUTE ORDER of 5/6/97 by Hon.

Arlander Keys : Hearing on

plaintiff's emergency application for

(2-1) held a nev

be made by mail. —

Plaintiff's motion to admit Richard

Wilson, 3610 Dubsdread

Circle, Orlando, Florida 32004, pro

hac vice is granted.

Mailed notice (ar) [Entry date

05/08/97]

[Edit date 05/08/97]

STIPULATION by plaintiff regarding

user fee, security

deposit and insurance requirements

of the Chicago Park

District; Notice of filing (ar) [En

date 05/08/97] : —

MOTION by plaintiff to admit

counsel pro hac vice (ar)

{Entry date 05/08/97]

AFFIDAVIT of Richard L. Wilson

regarding plaintiffs motion

~ — counsel pro hac vice [12-1]

ar

{Entry date 05/08/97]

5/7/97 14

5/8/97 -

5/9/97 15

5/9/97 16

6

REFERRAL ORDER of 05/06/97:

Referring to Hon. Arlander

- Keys pursuant to General Rule

2.41(b) to conduct hearings

and enter appropriate orders on the

following pretrial

motion/matter: to perform such

additional duties as are

not inconsistent with the

Constitution and laws of the United

States, specifically, prepare a report

and recommendation

on plaintiffs emergency motion for

preliminary injunction

[2-1]. (For further detail see order.)

Mailed notice (ar)

[Entry date 05/12/97]

MAILED Rule 3.12 instruction and

pro hac vice form to

Richard J. Wilson together with copy

of minute order dated

05/06/97 [9-1] (ar) [Entry date

05/08/97]

REPORT AND RECOMMENDATION

regarding plaintiff's emergency

application for preliminary

injunction [2-1] (ar)

[Entry date 05/12/97]

MINUTE ORDER of 5/9/97 by Hon.

Arlander Keys : Report and

Recommendation regarding

plaintiffs emergency application

for preliminary injunction [2-1],

pursuant to Federal Rule

5/21/97 --

5/23/97 17

5/28/97 --

5/28/97 18

7

of Civil Procedure 65, is hereby

submitted to Judge

Marovich. All matters relating to the

referral of this

action having been resolved, the case

is returned to the

assigned District Judge. Terminating

case referral.

Mailed notice (ar) [Entry date

05/12/97]

SCHEDULE set on 5/21/97 by Hon.

George M. Marovich :

Status hearing date of June 17, 1997

is reset to 7/1/97

at 9:30 am. Mailed notice (js) [Entry

date 05/21/97]

SECOND APPLICATION by plaintiff

for preliminary

injunction ; Notice of motion (eav)

(Entry date 05/30/97]

SCHEDULE set on 5/28/97 by Hon.

Arlander Keys : Status

hearing set to 9:00 5/29/97.

Telephoned notice (vkd)

(Entry date 05/28/97]

MINUTE ORDER of 5/28/97 by

Hon. George M. Marovich :

Plaintiff's second application for

preliminary injunction

is referred to the magistrate judge

for a report and

recommendation [17-1], [2-1]

Telephoned notice (eav)

2s. hls gina eid

5/29/97 19

5/30/97 20

5/30/97 21

8

(Entry date 05/30/97]

MINUTE ORDER of 5/29/97 by

Hon. Arlander Keys : Status

hearing held and continued to -

07/14/97 at 9:00 a.m.

Plaintiff to file its memorandum in

support of its second

application for preliminary

injunction by 06/12/97.

Defendant's response due 06/27/97.

[17-1], [2-1] Reply, if

any, due by 07/07/97. No notice

(eav) [Entry date 05/30/97]

REFERRAL ORDER of 05/28/97:

Case referred to Magistrate

Judge Arlander Keys pursuant to

local General Rule 2.41(b)

to conduct hearings and enter

appropriate orders on the

following pretrial motion/matter:

Perform such additional

duties as are not inconsistent with

the Constitution and

laws of the United States, Prepare a

report and

recommendation on plaintiff's

second application for a

preliminary injunction. (For further

details see order.)

Mailed notice (eav) [Entry date

06/02/97]

MINUTE ORDER of 5/30/97 by

Hon. George M. Marovich : No

objections having been filed to the

ee ee

6/12/97 22

6/13/97 23

6/13/97 24

9

magistrate judge's

report and recommendation of

05/09/97, the court hereby

adopts the magistrate-judge's report

and recommendation.

Plaintiffs emergency application for

preliminary injunction is denied.

[2-1] Status hearing date of

06/17/97 is stricken pending

disposition of the second

motion for preliminary injunction.

Mailed notice (eav)

[Entry date 06/03/97]

MOTION by plaintiff for leave to file

memorandum in excess |

of fifteen pages ; Notice of motion

(eav)

[Entry date 06/16/97]

MINUTE ORDER of 6/13/97 by

Hon. Arlander Keys:

Plaintiff's motion for leave to file

memorandum in excess

of fifteen pages is granted. [22-1]

Plaintiff's

supplemental memorandum of law

in support of amended second

application for preliminary

injunction is not to exceed

twenty-five pages. Defendant's

response is not to exceed

twenty-five pages. Mailed notice

(eav) (Entry date 06/16/97]

SUPPLEMENTAL MEMORANDUM by

plaintiff of law in support of

7/1/97 25

7/2/97 26

7/2/97 27

7/3/97 28

7/11/97 29

10

amended second application for

preliminary injunction

(Exhibits) (eav) [Entry date

06/16/97]

JOINT EMERGENCY MOTION by

plaintiff, defendant to reset

briefing schedule (Attachments);

Emergency notice of

motion (eav) [Entry date 07/03/97]

7/14/97 --

CONSENT to exercise of jurisdiction 7/14/97 30

by a United States

Magistrate to hear motion for

preliminary injunction by

plaintiff, defendant (eav) [Entry date

07/03/97]

MINUTE ORDER of 7/2/97 by Hon.

Arlander Keys : Jo*nt

emergency motion to reset briefing

schedule is granted.

[25-1] Defendant's response to

plaintiff's second motion

for preliminary injunction is due by

close of business on 7/3/97. [17-1]

Reply is due 7/11/97. Mailed notice

(eav)

[Entry date 07/03/97]

7/17/97 31

MEMORANDUM by defendant in 7/21/97 32

opposition to second motion for |

preliminary injunction [17-1]

(Attachments); Notice of

filing (eav) [Entry date 07/07/97]

OO me han

REPLY memorandum of law by

ll

plaintiff Robert MacDonald in

support of amended second

application for preliminary

injunction [17-1] (Attachment);

Notice of filing (cmf)

[Entry date 07/14/97]

ORAL MOTION by defendant for

leave to file a sur-reply (eav)

[Entry date 07/16/97]

MINUTE ORDER of 7/14/97 by

Hon. Arlander Keys : Status

hearing held. Over plaintiff's

objection, defendant's oral

motion [0-1] for leave to file a

sur-reply to plaintiffs amended

second application for preliminary

injunction [17-1] by 7/17/97 is

granted. Hearing on plaintiff's

application [17-1] set for 7/21/97 at

10:00 a.m. No notice

(eav) [Entry date 07/16/97]

SUR-REPLY by defendant in

Opposition to second motion for

preliminary injunction [17-1]; Notice

of filing (eav)

[Entry date 07/18/97]

MINUTE ORDER of 7/21/97 by

Hon. Arlander Keys : Hearing

held and concluded on plaintiff's

amended second

application for preliminary

injunction [17-1]. Said motion

is taken under advisement. Ruling to

yk

a ae ae. ee? on

ae taint GA oath . 4 as “

7/23/97 33

7/25/97 34

8/14/97 35

8/15/97 36

8/15/97 37

8/15/97 38

8/15/97 --

12

be made by mail. No

notice (eav) [Entry date 07/22/97]

TRANSCRIPT of proceedings for the

following date(s): 5/2/97

Before Honorable Arlander Keys

(eav) [Entry date 07/24/97]

STIPULATION of facts (Exhibits);

Notice of filing (eav)

[Entry date 07/28/97)

TRANSCRIPT of proceedings for the

following date(s):

05/29/97 before Honorable Arlander

Keys (nin)

[Entry date 08/14/97]

MEMORANDUM, OPINION, AND

ORDER (vkd) [Entry date 08/15/97]

PRELIMINARY INJUNCTION ORDER

(vkd) [Entry date 08/15/97]

MINUTE ORDER of 8/15/97 by

Hon. Arlander Keys: Enter

memorandum opinion and order.

Plaintiffs Second Application for

Preliminary Injunction [17-1] is

granted in part and denied in part.

Enter Preliminary Injunction

Order. (For further detail see order).

No notice (vkd)

[Entry date 08/15/97] [Edit date

08/18/97]

SCHEDULE set on 8/15/97 by Hon.

8/15/97 39

8/15/97 40

8/15/97 41

13

Arlander Keys : Status

hearing set for 8/19/97 at 10:30

a.m. No notice (vkd)

[Entry date 08/15/97]

NOTICE of posting bond by plaintiff

(nln) [Entry date 08/18/97]

EMERGENCY MOTION by defendant

reconsider the preliminary injunction

order entered by the court on

08/15/97 and amend the

preliminary injunction order entered

by this

court on 08/15/97 and for stay

pending appeal; Emergency notice

of motion (nln) [Entry date

08/18/97]

MINUTE ORDER of 8/15/97 by

Hon. Arlander Keys :

Defendant's emergency motion to

reconsider the preliminary

injunction order entered by the court

on 08/15/97 [40-1],

amend the preliminary injunction

order entered by this

court on 08/15/97 [40-2] and for

Stay pending appeal is

denied pursuant to discussions held

in open court [40-3].

The defendant will submit to the

court by close of business

08/18/97 amemorandum discussing

its concerns regarding the handling

of future applications for permits.

Mailed notice

8/15/97 43 -

8/18/97 42

8/19/97 44

8/19/97 --

8/19/97

8/19/97 45

8/19/97 46

14

(nln) [Entry date 08/18/97]

NOTICE OF APPEAL by defendant

from motion minute order

[38-1], from order [37-1], from

order [36-1] ( $105.00 Paid)

(cmf) (Entry date 08/19/97] [Edit

date 08/19/97]

SUPPLEMENT by defendant

(Attachments) (nln)

[Entry date 08/19/97]

LETTER regarding docketing

statement acknowledged by

defendant. (cmf) [Entry date

08/19/97]

TRANSMITTED to the 7th Circuit the

short record on appeal .

Mailed notice to all counsel. (cmf)

[Entry date 08/19/97]

SCHEDULE set on 8/19/97 by Hon.

Arlander Keys : Status

hearing held and continued to

8/20/97 at 10:00 a.m. No

notice (vkd) [Entry date 08/19/97]

RESPONSE by plaintiff to emergency

motion to reconsider and amend;

Notice of filing (nin) (Entry date

08/19/97]

PRELIMINARY INJUNCTION ORDER

(ip) (Entry date 08/19/97]

8/19/97 47

8/20/97 --

8/21/97 48

8/21/97 49

8/21/97 50

8/21/97 51

8/21/97 52

15

MINUTE ORDER of 8/19/97 by

Hon. Arlander Keys: Enter

preliminary injunction order to

amend and revise

preliminary injunction order entered

on 8/15/97. No notice

(ip) [Entry date 08/19/97]

SCHEDULE set on 8/20/97 by Hon.

Arlander Keys : Status

hearing stricken. Telephoned notice

(vkd) [Entry date 08/20/97]

EMERGENCY MOTION by defendant

Chgo Pk Dist for stay

pending appeal; Notice of Motion

(vkd)Entry date 08/21/97]

ORDER (vkd) [Entry date 08/21/97]

MINUTE ORDER of 8/21/97 by

Hon. Arlander Keys :Defendant

Chicago Park District's Emergency

Motion for Stay Pending

Appeal [48-1] is denied. Enter

Order. (For further detail

see order). Mailed notice (vkd)

(Entry date 08/21/97}

ORDER (Exhibits). (vkd) [Entry date

08/21/97]

MINUTE ORDER of 8/21/97 by

Hon. Arlander Keys : Enter

Order. (For further detail see

order).Mailed notice (vkd)

Entry date 08/21/97]

8/21/97 54

8/21/97 53

8/21/97 54

8/25/97 55

8/26/97 --

8/26/97 56

8/29/97 57

16

ACKNOWLEDGMENT of receipt of

short record on appeal USCA

97-3106 (Attachment) (ar) [Entry

date 08/22/97]

NOTICE OF APPEAL by defendant

Chgo Pk Dist from motion

minute order [47-1], from order

[46-1], from motion minute

order [38-1], from order [37-1],

from order [36-1] $105.00

PAID) (da) [Entry date 08/26/97]

DOCKETING STATEMENT by

defendant Chgo Pk Dist regarding

appeal [53-1] . (da) [Entry date

08/26/97]

SEVENTH CIRCUIT transcript

information sheet by defendant

(eav) [Entry date 08/26/97]

TRANSMITTED to the 7th Circuit the

short record on appeal .

Mailed notice to all counsel. (da)

[Entry date 08/26/97]

LIST OF TRIAL EXHIBITS by

defendant (Exhibits); Notice of

filing (eav) [Entry date 08/27/97]

TRANSCRIPT of proceedings for the

following date(s):

8/19/97 Before Honorable Arlander

Keys (eav)

[Entry date 09/02/97]

8/29/97 58

8/29/97 59

8/29/97 60

9/2/97 --

9/8/97 61

9/9/97 --

17

ACKNOWLEDGMENT of receipt of

short record on appeal USCA

97-3162 (Attachments) (eav) [Entry

date 09/02/97]

CERTIFIED copy of Order from the

7th Circuit. ( 97-3162)

(eav) [Entry date 09/02/97]

_ CERTIFIED copy of Order from the

7th Circuit. (97-3162) (eav)

[Entry date 09/02/97]

TRANSMITTED to the 7th Circuit the

long record on appeal

no. 97-3106 & 97-3162 consisting

two volumes of pleadings,

three volumes of transcripts (item #

33, 35 & 57) of Mailed

notice to all counsel. (da) [Entry

date 09/02/97]

TRANSCRIPT of proceedings for the

following date(s):

5/6/97, 7/21/97, 8/15/97 Before

Honorable Arlander Keys (4

Vols.: 61-1 through 61-4) (eav)

{Entry date 09/09/97]

TRANSMITTED to the 7th Circuit

supplement to appeal no.

97-3162 consisting of four volumes

of transcripts.

Documents 61. Mailed notice to all

counsel. (eav)

[Entry date 09/09/97]

12/17/97 62

12/18/97 --

1/16/98 63

1/23/98 64

1/23/98 65

18

TRANSCRIPT of proceedings for the

following date(s):

7/21/97, Before Honorable

Arlander Keys (one volume) (eav)

[Entry date 12/18/97]

TRANSMITTED on 12/18/97: to the

7th Circuit supplement to

appeal no. 97-3106 and 97-3162

consisting of one

transcript, document number 62.

Mailed notice to all

counsel. (eav) [Entry date

12/18/97]

CERTIFIED copy of Order from the

7th Circuit. It is hereby

ordered that the petition for

rehearing with suggestions

for rehearing én banc be, and the

same is, hereby Denied.

(97-3106 & 97-3162) (eav) [Entry

date 01/20/98]

OPINION from the 7th Circuit:

Argued 10/9/97; Decided

12/12/97. (97-3106 & 97-3162)

(eav) [Entry date 01/23/98]

CERTIFIED COPY of order from the

7th Circuit: The preliminary

injunction issued by the District

Court is vacated, in accordance with

the decision of this court

entered on this date. The Chicago

Park District shall recover its costs.

[53-1], [43-1] (97-3106 & 97-3162)

1/23/98 66

1/23/98 67

1/27/98 68

2/3/98 69

2/5/98 70

19

(eav)

[Entry date 01/23/98]

BILL OF COSTS submitted by U.S.

Court of Appeals. Appeal

nos. 97-3106 & 97-3162 (eav)

{Entry date 01/23/98]

LETTER from the 7th Circuit

returning the record on appeal

no. 97-3106 & 97-3162 consisting of

two volumes of

pleadings and eight volumes of

transcript (eav)

{Entry date 01/23/98]

BILL OF COSTS submitted by

defendant-appellant (Exhibits);

Notice of filing (eav) [Entry date

01/28/98]

MOTION by plaintiff for second

preliminary injunction and

motion to consolidate the trial with

the hearing on this

motion (Exhibits); Notice of motion

(eav) [Entry date 02/06/98]

MINUTE ORDER of 2/5/98 by Hon.

George M. Marovich:

Pursuant to USCA 7th Circuit order

docketed on 1/23/98:

Costs are taxed in favor of defendant

Chicago Park District

in the amount of $1,569.00. Mailed

notice (eav)

{Entry date 02/06/98]

2/6/98 71

2/6/98 72

2/6/98 --

2/6/98 73

20

MINUTE ORDER of 2/6/98 by Hon.

George M. Marovich :

Plaintiff's motion for a second

preliminary injunction is

referred to the designated

magistrate-judge for a report

and recommendation. [69-1]

Plaintiffs motion to consolidate the

trial with the hearing on the motion

for a second preliminary injunction is

denied. [69-2] Telephoned notice

(eav) [Entry date 02/06/98}

MEMORANDUM by plaintiff in

support of second motion for

preliminary injunction and motion to

consolidate the trial with the hearing

on this motion [69-1] (eav)

[Entry date 02/09/98]

ORAL MOTION by plaintiff to correct

the event dates in its

motion for second preliminary

injunction to read 5/9/98 and

5/10/98 (eav) [Entry date

02/09/98]

MINUTE ORDER of 2/6/98 by Hon.

Arlander Keys : Plaintiffs

oral motion to correct the event

dates in its motion for

second preliminary injunction to

read 5/9/98 and 5/10/98 is

granted. [0-1] Defendant's

cross-motion is to be filed by

3/6/98. Plaintiff's reply is due

3/16/98. [69-1] Status -

2/11/98 74

2/23/98 75_

21

hearing set for 3/23/98 at 9:00 a.m.

Mailed notice (eav)

(Entry date 02/09/98]

REFERRAL ORDER of 2/6/98: Case

referred to Magistrate Judge

Arlander Keys pursuant to local

General Rule 2.41(b) to conduct

hearings and enter appropriate

orders on the following pretrial

motion/matter: Conduct necessary

proceedings and enter Order/Report

and Recommendation on

all nondispositive pretrial motions

through filing of pretria! materials

including final pretrial order,

prepare a report and

recommendation on plaintiff's

motion for a second preliminary

injunction. (For further detail

order.) Mailed notice (eav) [Entry

date 02/12/98}

MINUTE ORDER of 2/23/98 by

Hon. Arlander Keys: Status

hearing held. Cross-motions for

summary judgment with Rule

12(m) statements due 3/6/98.

Responses due 3/16/98.

Replies are due 3/20/98. Parties are

given leave to file their briefs in

excess of 15 pages but they are not

to exceed 21 pages. Status hearing

set for 3/23/98 at 9:00 a.m. to

stand. Mailed notice (eav) [Entry

date 02/24/98] .

3/3/98

3/6/98

3/6/98

3/6/98

3/6/98

3/6/98

76

77

78

79

80

81

22

MOTION by plaintiff for leave to file

instanter his amended memorandum

in support of second motion for

preliminary injunction; Notice of

motion (dcap)

[Entry date 03/09/98]

AMENDED MEMORANDUM by

plaintiff in support of second motion

for preliminary injunction [17-1]

(dcap) [Entry date 03/09/98]

MINUTE ORDER of 3/6/98 by Hon.

Arlander Keys : Plaintiffs

motion for leave to file instanter his

amended memorandum

in support of second motion for

preliminary injunction is

granted [76-1] Mailed notice (dcap)

[Entry date 03/09/98]

MOTION by defendant for summary

judgment on plaintiff's

facial challenge; Notice of filing

(dcap) [Entry date 03/09/98]

MEMORANDUM by defendant in

support of motion for summary

judgment on plaintiff's facial

challenge [79-1]; Notice of

filing (dcap) [Entry date 03/09/98]

RULE 12 Statement by defendant in

support of motion for

summary judgment (Attachments);

Notice of filing (dcap)

3/6/98 82

3/6/98 83

3/6/98 84

3/11/98 85

3/13/98 86

3/30/98 87

23

[Entry date 03/09/98]

MOTION by plaintiff for summary

judgment (dcap)

[Entry date 03/09/98]

MEMORANDUM of law by plaintiff

in support of motion for

summary judgment [82-1]

(Attachment) (dcap)

[Entry date 03/09/98]

RULE 12 Statement by plaintiff of

uncontested facts

(Exhibits); Notice of filing (dcap)

[Entry date 03/09/98]

MOTION by defendant to enlarge

and combine briefing

schedule ; Notice of motion (eav)

[Entry date 03/16/98]

MINUTE ORDER of 3/13/98 by

Hon. Arlander Keys:

Defendant's motion to enlarge and

combine briefing schedule

is granted. [85-1] Defendant is to file

a supplemental motion for summary

judgment on the _ as-applied

challenge and respond to plaintiff's

facial/as-applied motions by

3/30/98. Status hearing set for

3/23/98 at 9:00 a.m. is

stricken. Mailed notice (eav) [Entry

date 03/16/98]

MEMORANDUM by defendant in

3/30/98 88

3/30/98 89

3/30/98 90

4/7/98 91

4/7/98 95

24

opposition to MacDonald's third

motion for preliminary injunction

and [69-1] MacDonald's

motion for summary judgment

[82-1] (Attachments); Notice of

filing (eav) [Entry date 03/31/98}

MOTION by defendant for summary

judgment on plaintiff's as

applied challenge ; Notice of filing

(eav) [Entry date 03/31/98]

MEMORANDUM by defendant in

support of motion for summary

judgment on plaintiff's as applied

challenge [88-1] (Attachments);

Notice of filing (eav) [Entry date

03/31/98]

RULE 12(n) Statement on

MacDonald's motion for partial

summary judgment by defendant

(Attachments); Notice of

filing (eav) (Entry date 03/31/98)

MEMORANDUM by defendant in

support of motion for

involuntary dismissal due to

plaintiffs nonpayment of

costs (Attachments); Notice of filing

(ip) [Entry date 04/08/98]

MOTION by plaintiff for involuntary

dismissal due to plaintiff's

nonpayment of costs; Notice of

motion (eav) [Entry date 04/15/98]

4/8/98 92

4/9/98 93

4/10/98 94

4/13/98 96

4/14/98 97

25

REFERRAL ORDER of 4/7/98: Case

referred to Magistrate

Judge Hon. Arlander Keys pursuant

to local General Rule 2.41(b) to

conduct hearings and _ enter

appropriate orders on the following

pretrial motion/matter: Conduct

necessary pr ceedings and issue

Report and Recommendation on

dispositive motion specified: Prepare

areport and recommendation

on the cross motions for summary

judgment.

(For further details see order.)

Mailed notice (eav)

[Entry date 04/09/98]

RESPONSE by plaintiff to

defendant's motion for involuntary

dismissal (Exhibits); Notice of filing

(eav) [Entry date 04/10/98]

TRANSCRIPT of proceedings for t’.>

following date(s):

2/23/98 Before Honorable Arlander

Keys (eav)

MOTION by defendant for leave to

file instanter amended

memorandum in support of its

motion for involuntary

dismissal due to nonpayment of costs

(Attachments); Notice

of motion (eav) [Entry date

04/15/98]

AMENDED by defendant

4/14/98 98

4/16/98 99

4/27/98 100

4/27/98 101

26

memorandum in support of motion

for involuntary dismissal due to

plaintiffs nonpayment of

costs [91-1] (Attachments); Notice

of filing (eav) [Entry date

04/15/98]

MINUTE ORDER of 4/14/98 by

Hon. George M. Marovich :

Defendant's motion for involuntary

dismissal is denied. [95-1] Plaintiff

is given to 6/15/98 to pay appellate

costs of $1,569.00. Defendant's

motion for leave to file an amended

brief is granted. [96-1] No notice

(eav) [Entry date 04/15/98]

TRANSCRIPT of proceedings for the

following date(s):

3/13/98 Before Honorable Ariander

Keys (eav)

[Entry date 04/17/98]

REPORT AND RECOMMENDATION

concerning motion for second

preliminary injunction [69-1] (eav)

[Entry date 04/28/98]

MINUTE ORDER of 4/27/98 by

Hon. Arlander Keys : Report and

Recommendation regarding

plaintiffs motion for second

preliminary injunction [69-1],

Defendant's motion for summary

judgment on plaintiff's facial

challenge [79-1], Plaintiff's motion

for summary judgment [82-1] and

3/22/99 132

3/25/99 133

3/29/99 134

3/29/99 135

27

granted in part. [82-1] This court

also recommends that defendant's

motion for summary judgment be

denied. [79-1], [88-1] All matters

relating to the referral of this action

having been resolved, the case is

returned to the assigned judge.

(Terminating the case referral to

Hon. Arlander Keys ). motion to

strike defendant's references to

materials outside of the summary

judgment record [109-1]

Distributed notices by judge's

staff/picked up. (eav)

Entry date 03/09/99]

OBJECTIONS by defendant to Report

and Recommendation

granting partial summary judgment

(Attachments) (eav)

[Entry date 03/23/99]

RESPONSE by plaintiff to

defendant's objections to

Magistrate's Report and

Recommendation; Notice of filing

(eav) [Entry date 03/26/99]

MEMORANDUM, OPINION, AND

ORDER (eav) [Entry date 03/30/99]

MINUTE ORDER of 3/29/99 by

Hon. George M. Marovich :

Pursuant to memorandum opinion

and order entered this day,

defendant park District's motion for

summary judgment is granted and

4/28/98 103

4/29/98 102

4/30/98 104

28

Defendant's motion for summary

judgment on plaintiffs as applied

challenge [88-1] is hereby submitted

to Judge Marovich. All matters

relating to the referral of this -

action having been resolved, the case

is returned to the assigned judge.

terminating case referral to Hon.

Arlander Keys. Mailed notice (eav)

[Entry date 04/28/98]

MOTION by plaintiff to shorten time

within which defendant

may respond to plaintiff's objections

to the Magistrate

Judge's Report and Recommendation

that plaintiffs motion for second

injunction be denied; Notice of

motion (eav)

[Entry date 05/01/98)

RESPONSE by defendant to

plaintiffs motion to shorten time

to respond to objections; Notice of

filing (eav) [Entry date 04/30/98]

MINUTE ORDER of 4/30/98 by

Hon. George.M. Marovich :

Plaintiffs motion to shorten time to

file objections is

denied. [103-1] Objections to the

magistrate-judge's report

and recommendation are to be filed

by 5/14/98. Response is

to be filed by 5/21/98. Court will

rule by mail. No notice (eav) [Entry

date 05/01/98]

5/11/98 105

5/14/98 106

5/21/98 107

5/21/98 108

5/26/98 109

5/28/98 110

29

OBJECTIONS by defendant to

Portion of 4/27/98 Report and

Recommendation [100-1] (Exhibit);

Notice of filing (eav)

[Entry date 05/12/98]

OBJECTIONS by plaintiff to the

Magistrate Judge's 4/27/98

Report and Recommendation

[100-1] (Exhibit); Notice of

filing (eav) [Entry date 05/15/98]

REPLY by plaintiff to the Chicago

Park District's objections to portion

of 4/27/98 Report &

Recommendation [105-1]; Notice of

filing (eav) (Entry date 05/22/98]

RESPONSE by defendant to

plaintiffs objections to

Magistrate Judge's 4/27/98 Report &

Recommendation; Notice

of filing (eav) [Entry date 05/22/98}

MOTION by plaintiff to strike

defendant's references to

materials outside of the summary

judgment record

(Attachments); Notice of motion

(eav) [Entry date 05/29/98]

RESPONSE by defendant to

plaintiffs motion to strike

defendant's references outside the

summary judgment record

[109-1] (Exhibit); Notice of filing

(eav) [Entry date 05/29/98]

5/28/98 111

6/1/98 112

6/19/98 113

6/25/98 114

7/1/98 115

30

MINUTE ORDER of 5/28/98 by

Hon. George M. Marovich :

Plaintiffs motion to strike [109-1] is

taken under advisement. Telephoned

notice (eav) [Entry date 05/29/98]

REPLY by plaintiff to defendant's

response to plaintiffs motion to

strike [110-1]; Notice of filing (eav)

[Entry date 06/02/98]

TRANSCRIPT of proceedings for the

following date(s):

4/30/98 Before Honorable George

M. Marovich (eav) [Entry date

06/22/98}

TRANSCRIPT of proceedings for the

following date(s): 2/6/98

Before Honorable Arlander Keys

(eav) (Entry date 06/25/98]

MINUTE ORDER of 7/1/98 by Hon.

George M. Marovich : The

court adopts the Magistrate-Judge's

report and recommendation in its

entirety concerning the second

preliminary injunction and the

partial motion for summary

judgment on the "as applied"

challenge to the ordinance.

The issue of the “facial” challenge to

the constitutionality of the ordinance

is remanded to the

magistrate-judge for further

8/5/98 --

8/11/98 116

8/17/98

9/15/98 --

31

development and an amended

report and recommendation. [69-1],

[69-2] (See reverse of

minute order.) Mailed notice (eav)

(Entry date 07/02/98]

SCHEDULE set on 8/5/98 by Hon.

Arlander Keys : Status

hearing set for 8/17/98 at 9:00 a.m.

Mailed notice (vkd)

REFERRAL ORDER of 8/7/98: The

case is referred to the

Magistrate Judge Arlander Keys

pursuant to Local General

Rule 2.41(b) to conduct hearings

and enter appropriate

orders on the following pretrial

motion/matter: Perform

such additional duties as are not

inconsistent with the

Constitution and laws of the United

States, as specifically

prepare an amended report and

recommendation on the facial

challenge issue as outlined in this

court's order dated 7/1/98. (For

further detail see order.) Mailed

notice (eav) [Entry date 08/11/98]

SCHEDULE set on 8/17/98 by Hon.

Arlander Keys : Status

hearing held and continued to

9/18/98 at 9:00 a.m. No

notice (vkd) [Entry date 08/18/98}

SCHEDULE set on 9/15/98 by Hon.

9/22/98 117

9/23/98 119

9/24/98 118

9/30/98 --

32

Arlander Keys : Pursuant to

a request by Plaintiffs counsel, status

hearing reset to 9/30/98 at 9:00

a.m. Mailed notice (vkd)

[Entry date 09/15/98]

MOTION by plaintiff to extend time

to pay interlocutory costs ; Notice of

motion (eav) [Entry date 09/25/98]

MEMORANDUM by defendant in

opposition to plaintiffs motion

to extend time to pay interlocutory

costs; Notice of filing

(eav) [Entry date 09/25/98]

MINUTE ORDER of 9/24/98 by

Hon. George M. Marovich:

Plaintiffs motion to extend time to

pay the costs of appeal is granted in

part. [117-1] Plaintiff is given to

10/2/98 to pay the appeal costs.

Final extension. Plaintiff is advised

that failure to comply with this order

will result in sanctions not excluding

dismissal of this action.

Mailed notice (eav) [Entry date

09/25/98]

SCHEDULE set on 9/30/98 by Hon.

Arlander Keys : Status

hearing held. Parties will file Rule

12(m) statements and

briefs by 10/21/98. Cross Rule

12(n) statements to be

filed by 11/12/98. Mailed notice

(vkd) [Entry date 09/30/98)

10/21/98 120

10/21/98 121

10/21/98 122

10/21/98 123

10/21/98 124

11/12/98 125

11/12/98 126

33

SUPPLEMENT by plaintiff to motion

for summary judgment

[82-1] (rm) [Entry date 10/22/98}

MEMORANDUM by plaintiff in

support of supplement to motion

for summary judgment [120-1] (rm)

[Entry date 10/22/98]

SUPPLEMENTAL statement of

uncontested facts by plaintiff

[84-1] (Attachments); Notice of

filing (rm) (Entry date 10/22/98]

SUPPLEMENTAL RULE 12(M)

statement in support of motion for

summary judgment by Chgo Pk Dist

regarding statement [90-1]

(Attachment); Notice of filing (rm)

[Entry date 10/22/98}

SUPPLEMENTAL MEMORANDUM

on cross motion for summary

judgment by Chgo Pk Dist

(Attachments); Notice of filing (rm)

[Entry date 10/22/98]

LOCAL RULE 12(N) RESPONSE by

plaintiff to defendant's

supplemental Rule 12(M) statement;

Notice of filing (eav)

[Entry date 11/12/98]

REPLY by plaintiff memorandum in

support of supplement to

motion for summary judgment

[121-1] (eav)

11/12/98 127

11/12/98 128

3/8/99 129

3/8/99 130

3/8/99 131

34

[Entry date 11/12/98]

SUPPLEMENTAL REPLY

MEMORANDUM by defendant on

cross motions for summary

judgment; Notice of filing (eav)

[Entry date 11/13/98]

SUPPLEMENTAL RULE 12(N)

Statement on MacDonald's motion

for partial summary judgment by

defendant (Attachments) (eav)

Entry date 11/13/98]

MINUTE ORDER of 3/8/99 by Hon.

George M. Marovich : Any

objections to the Magistrate's Report

and Recommendation

are to be filed by 3/22/99.

Responses are to be filed by

3/25/99. Court will rule by mail.

Mailed notice (eav)

[Entry date 03/09/99]

REPORT AND RECOMMENDATION

concerning motion for summary

judgment [88-1], [82-1], [79-1]

(eav) [Entry date 03/09/99]

MINUTE ORDER of 3/8/99 by Hon.

Arlander Keys : Report and

Recommendation regarding the

parties’ cross-motions for

summary judgment is hereby

submitted to Judge Marovich. This

Court recommends that plaintiff's

motion for summary judgment be

3/29/99 136

4/1/99 137

4/1/99 138

4/6/99 --

4/8/99 140

4/9/99 139

4/14/99 141

35

plaindffs motion for summary

judgment is denied, terminating case

Mailed notice (eav)

[Entry date 03/30/99]

ENTERED JUDGMENT (eav) (Entry

date 03/30/99)

NOTICE OF APPEAL by plaintiff from

judgment entered

[136-1], from motion minute order

[135-2], from order

[134-1] ( $105.00 Paid) (da) [Entry

date 04/06/99]

DOCKETING STATEMENT by

plaintiff regarding appeal [137-1] .

(da) [Entry date 04/06/99]

TRANSMITTED to the 7th Circuit the

short record on appeal .

Mailed notice to all counsel. (da)

{Entry date 04/06/99]

SEVENTH CIRCUIT transcript

information sheet by Robert

MacDonald (jmp) [Entry date

04/13/99]

ACKNOWLEDGMENT of receipt of

short record on appeal USCA

99-1811 (eav) [Entry date

04/12/99]

TRANSCRIPT of proceedings for the

following date(s):

9/30/98 Before Honorable Arlander

4/21/99 --

7/1/99 142

11/8700 143

11/17/00 144

36

Keys (eav)

[Entry date 04/14/99]

TRANSMITTED to the 7th Circuit the

long record on appeal

no. 99-1811 consisting of five

volumes of pleadings with

thirteen volumes of transcripts of

proceeding and one volume

of exhibits transmitted under

separate certificate. Mailed

notice to all counsel. (pp) (Entry

date 04/21/99]

NOTICE by defendant Chgo Pk Dist

of attorneys Steven A. Weiss and

Kevin T. Kerns of change of address

(eav) [Entry date 07/02/99)

CERTIFIED copy of Order dated

11/07/00 from the 7th

Circuit. All the judges on the original

panel have voted to

deny the petition, and none of the

active judges has requested a vote on

the petition for rehearing en banc.

The petition is therefore denied.

(99-1811) (For further detail see

order.). (hp) [Entry date 11/09/00]

LETTER from the 7th Circuit

returning the record on appeal

no. 99-1811 consisting of five

volumes of pleadings,

thirteen volumes of transcript of

proceedings and one volume of

exhibits. (hp) [Entry date 11/20/00]

11/17/00 145

11/17/00 146

37

CERTIFIED COPY of order dated

09/14/00 from the 7th

Circuit: The judgment of the District

Court is affirmed, with costs, in

accordance with the decision of this

court entered on this date. [137-1]

(99-1811) (hp)

{Entry date 11/20/00}

OPINION from the 7th Circuit:

Argued 04/19/00; Decided

09/14/00. (99-1811) (hp) [Entry

date 11/20/00]

38

GENERAL DOCKET FOR

Seventh Circuit Court of Appeals

Court of Appeals Docket #: 99-1811

Filed: 4/7/99

Nsuit: 3440 Oth Civil Rights-Fed. Question

Thomas, Caren Cronk, et al v. Chicago Park Dist

Appeal from: United States District Court

Lower court information:

District: 0752-1 : 97 C 2963

Ordering Judge: George M. Marovich, Judge

Court Reporter: Geraldine Monahan, Court Reporter

Date Filed: 4/25/97

Date order/judgment: 3/29/99

Date NOA filed: 4/1/99

Prior cases:

97-3106 wjc msk idr

Date filed: 8/20/97 Date disposed: 12/12/97

Disposition: VACATED

Current cases: None

Proceedings include all events.

99-1811 Thomas, Caren Cronk, et al v. Chicago Park Dist

ROBERT MACDONALD

Plaintiff - Appellant

{term 08/02/99]

Vv.

CHICAGO PARK DISTRICT, a body

39

political and corporate 312/701-9311

Defendant - Appellee

Steven A. Weiss

SCHOPF & WEISS

312 W. Randolph Street

Chicago, IL 60606

CAREN CRONK THOMAS and

WINDY CITY HEMP DEVELOPMENT BOARD,

Plaintiffs - Appellants ~

Wayne B. Giampietro

WITWER, POLTROCK & GIAMPIETRO

125 S. Wacker Drive

Suite 2700

Chicago, IL 60606

312/332-6000

FAX 312/332-6008

Richard L. Wilson

3610 Dubsdread Circle

Orlando, FL 32804

407/649-9225

Plaintiff - Appelluat (See above)

CAREN CRONK THOMAS and WINDY CITY HEMP

DEVELOPMENT BOARD,

Plaintiffs - Appellants

Vv.

CHICAGO PARK DISTRICT,

Defendant - Appellee

40

Proceedings include all events.

99-1811 Thomas, Caren Cronk, et al v. Chicago Park Dist

4/7/99

4/7/99

4/7/99

4/16/99

4/16/99

4/21/99

5/7/99

Private civil case docketed.

[99-1811] [1165297-1]

Transcript information sheet due

4/19/99. Appellant's brief due

5/17/99 for Robert MacDonald.

(squi)

[99-1811] ROA from No. Dist. of Il.,

E. Div. due 4/15/99. (squi)

Filed Appellant Robert MacDonald

docketing statement.

[99-1811] [1165319-1] (squi)

Certificate of interest filed by

Appellee Chicago Park

Dist. [99-1811] [1165297-1] (squi)

Appearance form filed by attorneys

Steven A. Weiss and Kevin T. Kerns

for Appellee Chicago Park Dist.

[99-1811]

[1165297-1] (squi)

Original record on appeal filed.

Contents of record: 5 vol. pleadings;

13 vol. transcripts; 1 vol. exhibits;

[99-1811] [1171545-1] (eric)

ORDER: Pursuant to Federal Rule of

Appellate Procedure 33, briefing will

proceed as follows: [1165297-1]

5/12/99

5/13/99

6/8/99

6/8/99

6/14/99

7/2/99

41

SCO [99-1811]

Appellant's brief due 6/8/99 for

Robert MacDonald. Appellee's brief

due 7/8/99 for Chicago Park Dist.

Appellant's reply brief due 7/22/99

for Robert MacDonald.

(patb)

Filed Seventh Circuit Transcript

Information Sheet by Wayne B.

Giampietro for Appellant Robert

MacDonald. [99-1811]

[1165297-1] (patb)

Disclosure Statement filed by

Attorney Wayne B. Giampietro For

Appellant Robert MacDonald.

[99-1811] [1165297-1] (patb)

Filed 15c appellant's brief by Robert

MacDonald. Certification filed.

[99-1811] [1186752-1] (patb)

Filed 10c appendix by Appellant

Robert MacDonald. [99-1811]

[1186753-1] (patb)

Filed oversized record in Section #

18 of exhibit room: 1 box containing

5 vol. pleadings; 13 vol.

transcripts;[1165297-1] [99-1811]

(nick)

Filed suggestion of death of

plaintiff-appellant and motion to

substitute parties by attorney Wayne

7/8/99

7/9/99

7/9/99

42

B. Giampietro.

[1194318-1] [1194318-1]

[99-1811] (patb)

Filed 15c appellee's brief by Chicago

Park Dist. Disk filed. [99-1811]

[1195617-1] (patb)

Filed Appellee Chicago Park Dist

Memorandum In Opposition

to motion to substitute parties.

[1196141-1] [99-1811] [196141-1]

(patb)

ORDER: Filed clerk's notice to

Appellee Chicago Park Dist to file a

response to Attorney Giampietro's

7/2/99 Suggestion of Death of

Plaintiff-Appellant and Motion to

Substitute Parties.

Briefing in this appeal is DEFERRED pending resolution of

the motion. [1194318-1] JKL [99-1811] [1198276-1)

Response due 7/22/99 for Chicago Park Dist. (patb)

7/12/99

8/2/99

Reply in support of motion to

substitute parties filed by counsel for

Appellant Robert MacDonald.

[99-1811] [1196747-1] (patb)

ORDER issued GRANTING Attorney

Giampietro's 7/2/99 motion.

Pursuant to Fed.R.App.P. 43(a)(1),

[1194318-1] Caren Cronk Thomas

and Windy City Hemp are GRANTED

leave to substitute as appellants in

place of Robert MacDonald,

8/3/99

8/10/99

12/22/99

1/6/00

1/7/00

43

deceased. The clerk of this court is

directed to modify the docket to

reflect this change. Furthermore,

counsel for appellants shall file a

corporate disclosure statement,

pursuant to Fed.R.App.P. 26.1, by

8/9/99. The clerk is directed to

distribute a copy of this order to the

assigned merits panel. JKL [99-1811]

(patb)

Filed Appellant Windy City Hemp,

Appellant Karen Cronk Thomas

Citation of Additional Authority, per

CR 28(e). [99-1811] [1203118-1]

(kell)

Amended certificate of interest after

substitution of parties filed by

Attorney Wayne B. Giampietro for

Appellant Windy City Hemp,

Appellant Karen Cronk Thomas.

[99-1811]

[1165297-1) (patb)

ORDER: Briefing will proceed as

follows: [1165297-1] JKL

[99-1811] Appellant's reply brief due

1/7/00 for Karen Cronk Thomas, for

Windy City Hemp. (jenp)

Filed Appellee Chicago Park Dist

Citation of Additional Authority, per

CR 28(e). Dist. [99-1811]

[1249013-1] (land)

Filed 15c appellant's reply brief by

2/4/00

2/4/00

3/1/00

3/22/00

4/18/00

4/19/00

44

Windy City Hemp, Karen

Cronk Thomas. Disk filed.

[99-1811] [1249855-1} (land)

Filed oversized record in Section #

18 of exhibit room: 2

boxes containing assorted

briefs/appendix. [1165297-1)

[99-1811] (cove)

Filed Appellant Windy City Hemp,

Appellant Karen Cronk

Thomas Citation of Additional

Authority, per CR 28(e).

Dist. [99-1811] [1259047-1] (land)

Filed Appellant Windy City Hemp,

Appellant Karen Cronk Thomas

Citation of Additional Authority, per

CR 28(e). Dist. [99-1811]

[1266412-1] (land)

ORDER: Argument set for

Wednesday, April 19, 2000 at 9:30

a.m. Each side limited to 20

minutes. [99-1811]

[1272457-1] (broo)

ORDER: Argument reset for

Wednesday, April 19, 2000 at

9:30 a.m. Each side limited to 15

minutes. [99-1811]

[1281894-1]} (broo)

Case heard and taken under

advisement by panel: Chief Judge

Richard A. Posner, Circuit Judge

4/19/00

9/14/00

9/14/00

9/28/00

10/10/00

45

John L. Coffey, Circuit

Judge Frank H. Easterbrook.

[99-1811] [1282960-1]} (broo)

Case argued by Richard L. Wilson for

Appellant Karen Cronk Thomas,

Appellant Windy City Hemp,

Steven A. Weiss for Appellee

Chicago Park Dist. [99-1811]

[1165297-1]} (broo)

Filed opinion of the court by Judge

Posner. AFFIRMED.

Circuit Judge Richard A. Posner,

Circuit Judge John L.

Coffey, Circuit Judge Frank H.

Easterbrook. [99-1811]

[1165297-1] (hard)

ORDER: Final judgment filed per

opinion. With costs: y. [99-1811]

[1325355-1] (hard)

Filed 30c Petition for Rehearing and

Petition for Rehearing Enbanc by

Appellant Windy City Hemp,

Appellant Caren Cronk

Thomas. Dist. [99-1811]

[1330015-1]} (hard)

Sent clerk's copy of request to

Appellee Chicago Park Dist

requesting 30c of their Answer to the

Petition for Rehearing and Petition

for Rehearing Enbanc filed by the

appellants’ on 9/28/00. [99-1811]

[1332947-1] Answer to Petition for

10/24/00

11/7/00

11/15/00

11/21/00

2/5/01

5/31/01

46

Enbanc Rehearing due 10/24/00 for

Chicago Park Dist. (hard)

Filed 30c Answer of Appellee

Chicago Park Dist to Petition for

Rehearing and Petition for Rehearing

Enbanc. Dist. [99-1811]

[1337688-1]} (hard)

ORDER: Appellant Windy City

Hemp, Appellant Caren Cronk

Thomas Petition for Rehearing and

Petition for Rehearing Enbanc is

DENIED. [99-1811] [1330015-1)

(hard)

MANDATE ISSUED AND ENTIRE

RECORD RETURNED. (Contents

returned: 5 vol. pleadings; 13 vol.

transcripts; 1 vol. exhibits; )

[99-1811] [1165297-1] (cove)

Filed record receipt. [1346686-1]

[99-1811] (cove)

Filed notice from the Supreme Court

of the filing of a Petition for Writ of

Certiorari. Supreme Court Case No.:

00-1249. [99-1811] [1369269-1]

(hard)

Filed order from the Supreme Court

GRANTING the Petition

for Writ of Certiorari. Supreme

Court Case No.: 00-1249.

[99-1811] [1403889-1] (hard)

47

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

ROBERT MACDONALD

Plaintiff Robert MacDonald brings this lawsuit to

challenge a certain provision in the Code of Ordinances of

the Chicago Park District. The ordinance in question

governs the issuance of permits for rallies in public parks.

MacDonald seeks a judgment declaring that the

challenged ordinance violates the First Amendment to the

United States Constitution, and an injunction permanently

prohibiting its enforcement.

48

JURISDICTION

1. This suit is brought pursuant to 42 U.S.C. §

1983:

Every person who, under color of any statute, ordinance,

regulation, custom, or usage, of any State or Territory or

the District of Columbia, subjects, or causes to be

subjected, any citizen of the United States or other person

within the jurisdiction thereof to the deprivation of any

rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party injured

in an action at law, suit in equity, or other proper

proceeding for redress... .

This case arises under the Constitution of the

United States, and this Court has original jurisdiction

under 28 U.S.C. §§ 1331 and 1343.

Declaratory and injunctive relief are authorized by

28 U.S.C. §§ 2201 and 2202.

PARTIES

2. Plaintiff Robert MacDonald is a natural

person and a citizen of Illinois. MacDonald maintains an

office at 2558 W. Armitage, Chicago, Illinois 60647.

3. Defendant Chicago Park District is a body

politic, organized and operating under the laws of the

State of Illinois, and empowered to sue and be sued in its

own name.

49

VENUE

4. The Park District is located in Cook

County, within the Northern District of Illinois, Eastern

Division. All of the acts complained of herein have

occurred, and will occur, within the Northern District of

Illinois, Eastern Division.

FACTS

6. MacDonald is an activist in a political

movement to change the laws of the United States and

the several states prohibiting the sale and possession of

cannabis, to educate the public as to the need for a

change, and to raise public support for his political

cause.

7. MacDonald is actively involved in

organizing public rallies, at which he and others

encourage public support for their political movement,

present speakers, and raise funds to support their

political efforts.

8. MacDonald wants to sponsor and conduct

a political rally at Butler Field on May 10 and 11, 1997.

9. The political rally will have three principal

50

purposes: (a) to provide a forum for all interested

persons to speak out on an issue of great public concern,

the laws prohibiting the possession, sale and distribution

of cannabis; (b) to raise public support for the efforts of

MacDonald and others to effect a change in those laws;

and (c) to raise money to defray costs of the rally and

for future political activities.

10. The proposed activities are all protected

under the First Amendment.

11. Butler Field at Grant Park’s Petrillo

Bandshell is a public park in the City of Chicago, and

activities at Butler Field are regulated under Chapter

VII.

12. Butler Field is a public forum, both by

designation of the City of Chicago and by tradition.

13. Pursuant to 70 ILCS 1205/8-1, the Park

District is empowered to enact ordinances in

furtherance of its responsibility to administer the public

parks of the City.

14.‘ The Park District has enacted Chapter VII

51

of the District Code.’ Chapter VII, titled Use of Parks,

regulates activities in all public parks in the City.

15. Section C of Chapter VII establishes a

permitting scheme for those persons who wish to use

any City parks.

16. Under § C(3)(a), MacDonald is required to

obtain a permit in order to hold his rally.

17. _As required by the ordinance, MacDonald

submitted an application for a permit for the rally to the

Park District on March 4, 1997.”

18. On March 12", Park District Deputy

General Counsel Joan Fencik sent a letter to MacDonald

notifying him that the application had been denied.*

19. § 5\e) sets forth the reasons for which a

permit can be denied. Included in that list are the

following three items:

1.A true copy of Chapter VII, Section C is attached to

this Complaint as Exhibit A.

2. Exhibit B.

3. ExhibitC. The letter did not indicate who had made the

decision to deny the application.

52

(1) the application for permit is not fully completed

and executed;

(S) the applicant or the person on whose behalf the

application for permit was made has on prior occasions

damaged Park District property and has not paid in full

for such damage, or has other outstanding and unpaid

debts to the Park District;

(13) the applicant or the person on whose behalf the

application was made has on prior occasions made

material representations regarding the nature or scope

of an event or activity previously permitted or has

violated the terms of prior permits issued to the

applicant.

20. Fencik’s letter indicates that the bases for

denial of the permit application was for alleged violations

of each of the three listed conditions.

21. The letter informed MacDonald that he had

seven days to appeal from the denial to the General

Superintendent of the Park District.

22. On March 18" MacDonald filed his appeal.*

That appeal refuted each of the grounds used to deny the

permit.

23. On March 24" Forest Claypool, General

Superintendent of the Chicago Park District, sent a letter

4. Exhibit D.

53

nou. ying MacDonald that his appeal had been denied.°

24. General Superintendent Claypool and

whoever originally denied the permit application axe

employees of the Park District, and their actions were

taken within the scope of their authority.

25. Chapter VII, § C(S)(e) is facially

unconstitutional as an unlawful prior restraint of free

expression for the following reasons:

A. it is an unlawful delegation of

authority to deny a permit without providing sufficient

standards limiting the discretion of the city officials

charged with granting or denying the permit;

B. it does not provide for prompt judicial

review in the event a permit application is denied;

C. it does not place the burden on

seeking prompt judicial review to justify the denial of the

permit on the Park District; and

D. it allows a permit to be denied for

future speech based on allegations of improper, illegal or

unauthorized conduct by the applicant or virtually any

5. Exhibit E. MacDonald filed an amended appeal on March 25*

(Exhibit F), which was summarily denied on March 26* (Exhibit G).

54

other persons at a past event for which a permit has been

issued.

26. Chapter VII, § C(5)(e) has been

unconstitutionally applied to MacDonald to deny him due

process of law guaranteed by the Fourteenth Amendment.

27. The actions of the Park District (through its

employees) threaten to deprive MacDonald, his colleagues

and associates and the public at large of rights guaranteed

to them under the First Amendment: the right to freedom

of expression, freedom of assembly and freedom of

association. -

28. All acts of the Park District (through its

employees) which are alleged in this Complaint were done

under color of state law or authority.

COUNT ONE - DECLARATORY JUDGMENT

29. MacDonald realleges those facts set forth in

Paragraphs 6 - 28, and incorporates those facts in this

Count by reference.

30. There is a dispute between the parties as to

MacDonald’s rights under the First Amendment, as those

rights have been abridged by the actions of the Park

55

District under Chapter VII of the Park District Code.

31. MacDonald is entitled to a judgment

declaring his right to conduct his political rally in a public

forum without having to be subjected to an

unconstitutional permitting ordinance.

COUNT TWO - PERMANENT INJUNCTION

32 MacDonald realleges those facts set forth in

Paragraphs 6 - 28, and incorporates those facts in this

Count by reference.

33. Chapter VII, § C(5)(e) of the Park District

Code is unconstitutional on its face under the First

Amendment, and as it has been applied against

MacDonald.

34. | MacDonald has no adequate remedy at law.

35. Unless this Court issues a permanent

injunction against all future enforcement of § C(S)(e),

MacDonald will suffer an irreparable injury by the loss of

his rights under the First Amendment.

36. The injury to MacDonald, should this Court

deny a permanent injunction, exceeds any possible harm

to the Park District if a permanent injunction is entered.

56 :

MacDonald will suffer the loss of constitutional rights

found by the United States Supreme Court to be at the

very core of those protected by the First Amendment. The

only “loss” to the Park District is the ability to

unconstitutionally deny those rights to persons wishing to

engage in free speech on matters of public concern ina

traditional public forum.

37. A permanent injunction will not be contrary

to the public interest.

WHEREFORE, Robert MacDonald asks this Court to

do the following:

A. take jurisdiction over this cause and the

parties;

B. enter judgment for MacDonald and against

the Chicago Park District declaring that § C(S)(e) of the

Park District Code is facially unconstitutional;

c. enter judgment for MacDonald and against

the Park District declaring that § C(S)(e) has been

unconstitutionally applied against MacDonald;

D. enter an injunction permanently prohibiting

the Park District, its agents and employees from enforcing

57

§ C(S)(e);

E. award MacDonald all reasonable costs of this

action, including an attorney’s fee pursuant to 42 U.S.C. §

1988; and

F, grant MacDonald all other relief in law and

in equity to which he is entitled.

he a B. Giampietro

twer, Poltrock &Giampietro

Illinois Bar No.00947776

125 S. Wacker Drive, Suite 2700

Chicago, Illinois 60606

(312) 332 6000 (Fax) 332-6008

and

Richard L. Wilson

3610 Dubsdread Circle

Orlando, Florida 32804

(407) 649-9225 (Fax) 423-8727

Attorneys for Plaintiff

58

AFFIDAVIT

STATE OF: Illinois )

)

COUNTY OF: Cook )

1, ROBERT MACDONALD, after being placed

under oath do state:

1. I have read the foregoing Verified

Complaint for Declaratory Judgment and Permanent

Injunction.

2. The facts alleged in the Verified Complaint

are true and correct.

ROBERT MACDONALD

(SIGNATURE)

Robert MacDonald

Sworn to and subscribed before me on this 25" day of April,

1997.

ANTOINETTE F. DELLACROCE

Notary Public - State of Illinois

59

EXHIBIT A TO COMPLAINT

CHAPTER VII.

USE OF PARKS.

SECTION A.

DEFINITIONS.

For purposes of this chapter, the following words, terms,

phrases and their derivatives shall have the meanings

set forth in this section. When not inconsistent with the

context, the present tense shall include the future tense;

the plural shall include the singular number and the~

singular number shall include the plural number.

“Amplified Sound” means any sound

projected or transmitted by artificial means,

including, but not limited to, loudspeakers,

amplifiers, powered megaphones or any similar

“Horse” means any member of the equine

family.

“Parade” means any march or other

organized movement of persons from place to

place, or about a place.

equipment, vegetation and animals, including,

but not limited to, the deposit of garbage, litter

or water matter; changes in the

60

ture, taste, color, turgidity or odor of

water; the discharge of any liquid, gas, solid, be

radioactive or other substance in any park whi

causes, or is likely to cause, a public —-

an injury to the public health, safety or we re,

*“** 2

61

SECTION C. PERMITS.

1. Designation of Park Facilities.

a. Proposed Designation.

The General Superintendent shall classify all park

property under a uniform system of classification

and designate for each such classification the use

or uses which, in his/her judgment, should be

permitted therein. Categories of classifications

which the General Superintendent shall designate

may include, but are not limited to, parks,

playgrounds, playlots, fieldhouses, boat harbors,

and leased facilities. The General Superintendent

shall classify all park property under the

following classification system:

(1) public forums;

(2) limited use areas;

(3) areas or facilities not designated for public

assembly; or

(4) special facilities.

The General Superintendent shall then record the

designations for each park and shall transmit the

same promptly to the Board, which shall then

approve, amend or reject the designations.

Thereafter, the General Superintendent may,

from time to time, as he/she shall deem

necessary and proper, amend or revise his/her

designations and shall promptly transmit in

writing the amendments or revisions to the

Board, which shall approve, amend or reject the

same. All such designations, and the General

Superintendent’s amendments and revisions

thereof, shall be in full force and effect from the

62

time that the same are expressly approved as

such or as amended by the Board.

b. Public Review of Proposed Designation.

Simultaneous with the transmission to the Board

of the plats or maps required by this ordinance,

or of any written amendments or revisions

thereof, the General Superintendent shall file a

duplicate copy of the same with the Secretary,

which duplicate copy shall be available for public

inspection and copying in the Office of the

Secretary during normal business hours.

2. Rules and Regulations.

The General Superintendent may, from time to

time, establish reasonable rules and regulations,

for the use of each facility in the Park System.

Such rules and regulations shall be based on a

due regard for the purpose for which the facility

is established, the safety of those using the

facility, of park Employees and of the public, the

safety and maintenance of Park District property,

the need for and the availability of supervisory

personnel, and the maximum number of people

who can safely use the facility at one time.

Subject to the foregoing, and except as

hereinafter provided, all Park District facilities

may be used by members of the general public,

without permit, for recreational and athletic

purposes not inconsistent with the nature of the

facility and the safety of the public and of Park

District property.

63

3. Permit Requirement

a. General.

No person shall, without a permit:

1. conduct a public assembly, parade, picnic,

or other event involving more than fifty

individuals;

2. circulate or distribute any leaflets,

handbills, notices, pamphlets, books,

documents or papers of any kind in any

indoor facility , fieldhouse, garden,

zoological garden or other special facility;

3. conduct and exhibit, music or dramatic

performance, fair, circus, concert, play,

radio or television broadcast, other than a

news transmission;

4. exhibit or display any motion picture,

television program, light or laser light

display, or similar event;

5. operate a vehicle, except upon a publicly

dedicated street, alley, watercourse or

other thoroughfare which may abut or

traverse a park;

6. create or emit any Amplified Sound, except

from a radio, recorder or other device

possessed and used by an individual for

his/her own enjoyment and operated in

such a manner so as not to interfere with

the use and enjoyment by an other person;

7. station or erect any building, tent, canopy,

stand, bandstand, stage, tower, scaffold,

sound stage, platform, rostrum or other

structure;

8 station or use any electrical or electronic

device or equipment that would require

64

outdoor auxiliary power;

9. or sell or offer for sale any goods or

services;

10. display, post or distribute any placard,

handbill, pamphlet, circular, book or other

writing containing commercial advertising

matter within the Park System;

11. bring, land or cause to ascend or descend

or alight within the Park District, any

airplane, helicopter, flying machine,

balloon, parachute or other apparatus for

aviation;

12. conduct any sporting event;

13. ride any Horse on any driveway, roadway,

path or trail; or

14. bring onto property a tame, non-domestic

supervised and controlled or restrained

animal for limited non-commercial or

promotional purposes.

b. Permits for Activities Involving More than S00

Individuals.

No activity involving more than five hundred

individuals shall be held within two thousand five

hundred feet nor within two hours of any other

activity involving more than five hundred

individuals.

\pplication for Permi

a. Filing Written Application.

a. Special Event Permit

Any person seeking the issuance of a permit shall

apply for a permit by filing a written application

65

for permit on a form and within such time as shall

be prescribed by the General Superintendent.

Applications involving any of the following

activities shall be filed with the Region Manager

for the region in which the special event is to take

place, or his/her designee:

(a) an event involving more than fifty

individuals;

(b) the sale or offering for sale of any good or

service;

(c) _ the sale or service of alcohol on Park

District property;

(d) advertising or commercial activities;

(e) activities involving more than one park;

(f) a religious or partisan political event;

(g) | create or emit any Amplified Sound, except

from a radio, recorder or other device

possessed and used by an individual for

his/her own enjoyment and operated in

such a manner so as not to interfere with

the use and enjoyment by another person;

(h) station or erect any building, stand

bandstand, stage, tower, tent, canopy,

scaffold, sound stage, platform, rostrum or

other structure;

i. use of any electrical or electronic device or

equipment requiring outdoor auxiliary

power;

(2)

(3)

(4)

66

brief land or cause to ascend or descend or

alight within the Park District, any

airplane, helicopter, flying machine,

balloon, parachute or other apparatus for

aviation;

riding of a Horse or Horses; or

use of mechanical rides (which may be

permitted only on hard surfaces).

Media/Motion Picture/Commercial Photography

rson seeking the issuance of a permit for

poh a of a media broadcast (other than a news

transmission), motion picture, or sull commercial

photography shall file a written application for

permit with the General Superintendent or

his/her designee on a form and within such time

as shall be prescribed by the General

Superintendent.

Recreational Permits

Any person seeking to reserve Park District

facilities for any event involving less than fifty

ple and not including cor — “1

aragraph 4(a)(1), above, s e a written

ae with the park/playground supervisor

where the event is proposed to take place on a

form and within such time as shall be prescribed

by the General Superintendent.

Special Facilities

Any person seeking the issuance of a permit for

d.

67

Security Deposit.

For any activity described in this chapter, Section

C.4. a(1)(a) through a(1) (j), no application for

permit shall be granted unless the same shall be

accompanied by the deposit of a sum of money

equal to the estimated cost of policing, cleaning up

and restoring the park upon conclusion of the use

or activity , as set by the schedule of fees set by the

General Superintendent and approved by the

Board. The security deposit shall be deposited by

the Park District into an escrow account. Promptly

after the conclusion of a use or activity, permit

activity, the Park District shall inspect the premises

and equipment used by the permittee.

(1) _ If it is determined that there has been no

damage to Park District Property or

equipment beyond reasonable wear and

tear, the security deposit shall be refunded

in full within thirty (30) days of the

conclusion of the permitted event.

(2) If it is determined by such inspection, that

the permitted event proximately caused

damage to Park District property in excess

of normal wear and tear and which requires

repairs in excess of routine maintenance or

determined that fines should be assessed

against the permittee pursuant to this

chapter , Section C.7., below, the Park

District shall retain the security deposit or

any portion, thereof, necessary to pay for

the cost repair or any fines assessed against

the permittee. The General Superintendent

or his/her designee shall given written

notice of the assessment of damages or fine

e.

68

and retention of the security deposit to the

permittee by personal delivery or by deposit

in the United States mail, with proper

postage prepaid to the name and address set

forth in the application for permit. An

assessment of damages or fine may be

appealed as provided in this chapter,

Section C.6., below.

Fees for Use of Park Facilities.

No application for permit shall be granted unless

the same shall be accompanied by a user fee as

provided in the uniform schedule of fees set by the

General Superintendent and approved by the

Board. No application for permit shall be granted

unless all required fees are paid as specified in

paragraph 5(b), below.

Insurance.

Applicant shall procure and maintain at all times

during its use of Park District property, insurance in

such amounts and with such coverages as shall

reasonably be required by the Park District and

shall name Park District as an additional insured

thereunder. The amounts and type of insurance

required shall be determined by the Division of Risk

Management, based upon the nature of the activity

and the risk involved. The Division of Risk

Management shall prepare a uniform schedule of

insurance guidelines for particular types of

activities. Applicant shall provide Park District with

a certificate from an insurer evidencing such

coverage prior to applicant's use of Park District

69

property, and within the time Prescribed by the

General Superintendent. The certificate shall also

provide that the insurer shall give the Park District

reasonable advance notice of insurer's intent to

cancel the insurance coverage provided.

g. Permits Not Transferable

No permit or preliminarily approved permit

application may be transferred.

S, Processing of Application fox Permics

a. Order.

Applications for permits shall be processed in

order of

receipt; and the use of a particular park or part P

thereof shall be allocated in order of receipt of fully

executed applications accomplished by the

application fee.

b. Preliminary Approval

Applications for permits for activities or events which

require insurance, approval or permits from other

governmental entities, or compliance with other

terms or conditions, will be reviewed and, if the

application otherwise conforms to all other

requirements, a preliminary approval will be issued.

If, within fourteen days of the issuance of the

preliminary approval, an insurance certificate

evidencing the requisite insurance is not filed by the

Division of Risk Management, or the approval or

permit of other governmental entities has not been

received, or the other terms and conditions have not

been met, the preliminary approval will expire, the

application for permit will be deemed denied and no

70

written notice of denial will be required. For events

or activities which involve the use of special facilities,

or activities described in this chapter, Section C.4.a.

(1) (c}, (4), (g), Ch}, (i) or Gj), above, all terms and

conditions for issuance of the permit, including

securing insurance and payment of all fees and

security deposit, must be completed at least thirty

days prior to the event.

No permit shall be issued unless all applicable fees

and security deposit are paid within the times

prescribed by the General Superintendent. Failure to

pay fees or security deposit within that time shall

cause the application to be deemed denied, without

further notice to the applicant.

. Written Denials.

Except for applications for permits for which

preliminary approvals have been issued, applications

for permits shall be deemed approved subject to

insurance requirements as provided in this chapter,

Section C.4.f., above, if no written denial is issued

within fourteen days of the date on which the

application is fully completed, executed and filed

with the appropriate Officer or Employee, as

designated by the General Superintendent; provided,

however, the Park District may extend the period of

review for an additional fourteen days by issuance of

a written notice of extension. If, prior to the

expiration of the extended review period, no written

denial is issued, the application for permit shall be

deemed approved.

71

d. Notice of Extended Review or Denial or Issuance of

e.

Permit.

Written notice of denial or notice of extension shall

be served on the applicant by personal delivery, or by

deposit in United States mail, with proper Postage

prepaid, to the name and address set forth on the

application for permit.

Contents of Notice; Grounds for Denial.

Notice of denial of an application for permit shall

clearly set forth the grounds upon which the permit

was denied and, where feasible, shall contain a

proposal by the Park District for measures by which

the applicant may cure any defects in the application

for permit or otherwise procure a permit. Where an

application or permit has been denied because a fully

executed prior application for the same time and

place has been received, and a permit has been or

will be granted to the prior applicant authorizing uses

or activities which do not reasonably permit multiple

occupancy of the particular area, the Park District

shall propose an alternative place, if available for the

same time, or an alternative time, if available for the

same place. The Park District may deny an

application for permit on any of the following

grounds:

(2) the application for permit is not fully

completed and executed;

(3) the applicant has not timely tendered the

application fee, user fee, indemnification

agreement, or security deposit;

(4) the application for permit contains a material

(S)

(6)

(7)

(7)

(8)

(9)

72

falsehood or misrepresentation;

the applicant is legally incompetent to contract

or to sue and be sued;

the applicant or the Person on whose behalf

the application for permit was made has on

prior occasions damaged Park District property

and has not paid in full for such damage, or

has other outstanding and unpaid debts to the

Park District;

a fully executed prior application for permit

for the same time and place has been received,

and a permit has been or will be granted to a

prior applicant authorizing uses or activities

which do not reasonably permit multiple

occupancy of the particular park or part

hereof;

the use or activity intended by the applicant

would conflict with previously planned

programs organized and conducted by the

Park District and previously scheduled for the

same time and place;

the proposed use or activity is prohibited by or

inconsistent with the classifications and uses of

the park or part thereof designated pursuant to

this chapter, Section C.1., above;

the use or activity intended by the applicant

would present an unreasonable danger to the

health or safety of the applicant, or other users

of the park, of Park District Employees or of

the public;

- eS qu ee ~EEos a eu

ere arene ee -

73

(10) the applicant has not complied or cannot

comply with applicable licensure requirements,

ordinances or regulations of the Park District

concerning the sale or offering for sale of any

goods or services;

(11) the use or activity intended by the applicant is

prohibited by law, by this Code and ordinances

of the Park District, or by the regulations of the

General Superintendent;

(12) the applicant has not secured the requisite

insurance; or

(13) the applicant or the person on whose behalf

the application for permit was made has on

prior occasions made material

misrepresentations regarding the nature or

scope of an event or activity previously

permitted or has violated the terms of prior

permits issued to the applicant.

f. | Amendment or Revision of Applications

Any amendment or revision of an application or

permit shall for purposes of determining the priority

of the application for permit, relate back to the

original filing thereof; but the time in which the Park

District shall grant or deny the application for permit

and serve notice of such granting or denial shall be

computed from the date of the amendment or

revision.

6. Procedures for Review/Waivers.

a. Review by General Superintendent.

74

1. Any applicant who is denied a permit or a

permittee who is assessed damages or a

fine pursuant to this ordinance may, .

within seven days of the service of notice

of such determination, file a written

appeal from such determination with the

General Superintendent;

2. The General Superintendent shall have

seven days from the date on which the

appeal was received in which to serve

upon the applicant a notice that he/she

has affirmed, modified or reversed the

denial or fine;

3. Such notice shall be deemed served upon

the applicant or permittee when it is

personally delivered or when it is sent by

United States mail, with proper postage

prepaid, to the name and address set forth

on the application for permit;

a If such notice is not served upon the

applicant or permittee within seven (7)

days of the date upon which the appeal

was filed, then the denial shall be deemed

reversed.

b. Form of Appeals.

filed pursuant to the ordinance shall

a ri grounds upon which it is asserted

that the denial should be modified or reversed and

shall be accompanied by copies of the application for

permit, the written notice of the determination of the

supervisor and/or the General Superintendent, and

any other papers material to

75

the determination.

c. Waiver of Requirements.

Any requirements for use fees, deposits, proof of

insurance or premium for insurance may be waived

by the General Superintendent upon the

recommendation of the General Counsel, if the

activity as protected by the First Amendment of the

United States Constitution and the condition would

be so financially burdensome that it would preclude

the applicant from using Park District property for the

proposed activity. Fees for equipment and services

may not be waived pursuant to this subsection.

Application for a waiver shall be made on a form

prescribed by the General Superintendent.

7. Fines

The violation by a permittee of the terms of his/her a

permit or the laws and regulations of the Park District

shall subject the permittee to a civil fine of up to

$500. Each day that a violation continues shall be

deemed a separate violation. Such fines may be

assessed against any security deposit held by the Park

District on behalf of the permittee, pursuant to this

chapter Section C.4.d., above, or may be assessed a

fine for monies in excess of any security deposit held

by the Park District. Any assessment of fines in excess

of any security deposit shall be subject to the appeal

provisions of this chapter, Section C.6., above. The

Region Manager or his/her designee shall give the

permittee prompt written notice of any fines to be

assessed in excess of the security deposit. Such notice

shall be served on the permittee by personal delivery,

or by deposit in the United States mail, with proper

postage prepaid to the name and address set forth on

76

the application for permit. 77

8 -_ yt In &§ Gis m 2 = sy

, Se. Cpecial Event .ipplication

If any provision of this ordinance or the application come eur ame paar Exhibit B to Complaint ~ *

thereof to any person or circumstance be held invalid, ; Type OF PERMET FEES ENCLOSED: | EVENTINFORMATION == z

the remainder of this ordinance and the application qgnech ened omer) You must mndets 9 ate Snn/vad’ route

of such provision to other persons or circumstances ven ;

shall not be affected thereby. The Park District

reserves the power to amend or repeal this ordinance

at any time; and all rights, privileges and immunities

conferred by this chapter or by acts done pursuant

hereto shall exist subject to such power.

78

drt Permait—Special Event/ ication toonanued

qu»

vequesting « donation at Tow «7 ANIMALS

dv oh te sere Omir Te Gt ast vo hove ental

amount: at oeutT™

Wf no, please indicate (he Sn Tyr ots > 9» hee

Bese your require street cloeure?™ —f it

© Yes & No

EQUIPMENT RIDES

} TENTS | pene

at your eveat?™

—— se ae a

Yes <= No y please explain:

if yes. Gescribe:= 9» /O o~. pcan io

¢_ Ie tape Ne

—- <aamne

reer masse ove 144 ears ee

ene soran oom on Gy « CheIgS) VENDORS

-Aév et waiver reques( form.

| STAGES "| ALCOHOL oatnte

40 reques(ing te“

| are you et your event?

«LS et rue Vern. seer or

f A ae ae we permission to give swey

\ me é.... “< ° : eres

irene promen 1 erveremen tes cach eenaes etaiaate en stepwme WOR} — 4 ve Ne meee

NOTE: Dramshop hest Uquor Wabiuicy

aor 81 million wil be required i alcohal \s

SOUNO sold or served.

latend to have live music or amplified =— — musi be

SOE spe vent nny eee anes io,

> Ne must alse apply win the Ovparimnt oT

if yes. please describe and inctude the hours. 121 Herth LaSalle Surwet, Cty

PARKING

/L—/29 gna service roads is serictly

—7 Partang vetuctes on grass © ast wn

79

ai ett a eee m2 healt. iii ole Vi P70 wv

~——— -—e €+e+ 88 Ger * rs , se @

STATEOP ELMO 8)

COUNTY OF COOK ) ss 3 -

AFFIDAVIT IN SUPTORT Me i = Sg t «

OF FIRST AMENDMENT CLAIM , ! - e

FOR WAIVER OF [a %,

i

ps} 2 2 \. © 4:

t, * __ peing duly pworn, do Az 5:

tLe ocgpemmn er co claw ef bn eqgtenss ber 0 Chtege Desk Diente put, |

hts agiutentc dteusbeantatteme . _

2 lem hat Une Boart of Comm iponers werve (he naurance recur emert of

S Le” and/or tht use foe of 3 - hy

° 17050 hawt dey.

3. I beliews that the actvity for which this peru is requested is provecied by the First

Amendmeat (3 ne Unaed Coasututtes (describe)

4. have reviewed the Sat 6flasuranes Park

—_ peo may eer a td F Disirict, have

i@ paragraph 2 are sa financially burdensome that they would prechude me/my orgunization om

using Park Distnc propery for the proposed activity.

$. The usar foe for this even is se Snancially burdensome that tiwould prelude mo/iny’

orp enization from using Park District property fer the proposed event “ i"

4. In eupport of this deim, T heve snached Aaancial Information which I would Hee the

Dreenct to connder in review ary waiver request. apes

7.

U the insurance requirement is waived, « Hold Harmless Agresevent in the fo: ;

berate wil be provided te the Par Dist ne ater than eeny-out (24) hours prior

iibes's ah SIUM

ai2z3

104% 3 S- Um a

he ee

4 <tvt

81

EXHIBIT C TO COMPLAINT

CHICAGO

PARK

DISTRICT

COME OUT AND PLAY

March 12, 1997

Robert MacDonald

2558 West Armitage

Chicago, IL 60647

Re: Special Event Application for Park permit - May

10-11, 1997

Dear Mr. MacDonald:

This is to advise you that your application for a

Park Permit - Special Event, for Petrillo Bandshell and

Butler Field on May 10 and 11, 1997, to hold a rally

for the “Ad Hoc Coalition for Drug Law reform," has

been denied. Denial is based on the following

grounds:

1) In August 1996 you received two permits

on behalf of the Festival of Life and Yippie! Festival of

Life. As more fully explained in my letter to you dated

September 17,1996, you violated the terms of those

permits in multiple respects and misrepresented the

nature and scope of your intended activities.

2) Your application for permit is incomplete or

incorrect. While you state that your organization is a

82

not-for-profit, you also stated that it is not registered

as such. The application requires that if you are

applying as a not-for-profit, you must attach a current

verification of section 501(c)(3) status.

3) As best we can determine the entity upon

whose behalf the application has been filed, the Ad

Hoc Coalition for Drug Law Reform, is not legally

competent to contract and therefore is not a proper

applicant.

Further, even if your application were

accepted, your request for waiver of insurance

requirements and security deposit would also be

denied. Based on last year’s experience, we are not

willing to run the risk to taxpayers’ money that would

be caused by your proposed gathering without the

necessary insurance and security deposit. As you

know, your entire security deposit had to be withheld

last time, and a security deposit is necessary to ensure

that the Park District does not incur additional

expenses. If your application were accepted, you

would also have to supply additional information to

support your request for a waiver of user fees. We

would need a more detailed explanation of the

purpose of the rally and what First Amendment rights

are impacted.

Pursuant to Chapter VII, Section C(6) of the

Code of the Chicago Park District, you have seven

days from the receipt of this notice to file a written

appeal to the General Superintendent of the Park

District. Any such appeal should state the grounds

upon which you believe the denial should be

modified or reversed, and should be accompanied by

copies of your application for permit, this letter, and

any other documents that are material to the

83

determination.

Sincerely yours,

(Signature)

Joan Fencik

Deputy General Counsel

JF/nm

84

EXHIBIT D TO COMPLAINT

To: General Superintendent, Chicago Park District

Fr: | Robert Mac Donald Ad Hoc Coalition for Drug

Law Reform

Re: Appeal from March 13,1997 Permit Denial

Dt: March 18,1997.

APPEAL

I hereby appeal from the denial of a permit

application which I filed on March 5, 1997. That

application is attached hereto as Exhibit A, and the

denial dated March 12,1997 and signed by Deputy

General Counsel Joan Fencik is attached hereto as

Exhibit B. It was transmitted to me on March

13,1997. My’ responses to the stated reasons for

denial, numbered accordingly, are as follows:

a, I did not receive the September 17,

1996,

letter which Ms. Fencik mentions until

after I received the denial of this permit

application. In any event, Ms. Fencik

does not particularize any of the alleged

"violations" of an earlier permit or any

of the alleged “misrepresentations" in

connection with an earlier application.

It is therefore difficult to respond or to

assess whether they are "material" as

even your own code requires or

whether they can constitutionally form

a basis for restraining future expression

85

in advance. If there were problems with

a past event, those problems can no

doubt be avoided from learning from

the past and planning better now and in

the future. None of Ms. Fencik’'s

suggestions involve uncompensated

damage to park property, and none

involve anything which will necessarily

be repeated at this event. Beyond this:

a) We had agreed to use the security

deposit to pay the balance due for the “portapotties"

to which Ms. Fencik refers. | fail to see how this

amounted to any violation. Ms. Fencik certainly did

not so inform me at the time, and she does not make

this clear even now.

b) The Park District never informed me of an

additional expenses in connection with the ‘

underground restrooms. | am not aware that they

were ever, in fact, opened, in connection with the

even to which Ms. Fencik refers. We were

a that they were never made available to

c) Similarly, no one ever asked for

reimbursement of any additional expenses in

connection with cleaning the stage and seating area.

Butler Field itself was left in a clean condition, and so

were these areas as far as | know. These areas would

have been further cleaned if anyone had brought

alleged problems to our attention.

d) With respect to "persons consuming

alcohol,” Ms. Fencik does not say who this was and

how I can be held responsible for this. I doubt that

you hold other park users strictly liable for

86

unauthorized beer consumption at their events. When

Ms. Fencik brought a particular concern in this regard

to my attention, | immediately saw to it that the

problem was resolved.

e) Ms. Fencik permitted the vendors to which

she refers. In fact, she took fees from those vendors

for their use of Butler Field in August 1996. I also

obtained appropriate permission for these vendors

from the Park District's concessionaire and his client.

f) The approved vendors were also allowed to

use their vehicles to set up and take down their tables

and wares, and Ms. Fencik herself approved the

positioning of two floats and the sound truck.

g) The tents and canopies were also permitted

by Ms. Fencik, as her own handwriting on a site plan

indicates.

h)The generator was positioned in cooperation

with the Park District employees and Chicago Police

Officers on the scene at the time it was brought in.

The alternative location designated by Ms. Fencik

would not have resolved the problems which she

raised. Better coordination in the future can easily

avoid this type of problem, and it hardly affords a

reason to deny a permit for future expression.

2. Ms. Fencik's second ground for denial

assumes that an organization must be exempt from

federal income taxation under Section 501(c)(3) of

the Federal Revenue Code before it is properly

characterized as “not-for-profit.” That is wrong as a

matter of law. Many not-for-profit organization have

no need for any federal tax exemption on their

income and many others obtain exemptions under

87

other subsections of Section 50 I. If, on the other

hand, the Park District intends to impose disabilities

upon not-for-profits which are not exempt under

Section 501(c)(3), it would raise serious

constitutional concerns. For instance, at least one

event, the Gore campaign rally, took place in Grant

Park during the convention week last August which

could not have been held at the behest of any 501

(c)(3) organization. We, of course, would object to

any discrimination or otherwise improper treatment

of non-501(c)(3) not-for-profit organizations. In any

event, the application is not incomplete. We are not

exempt from federal taxation under Section

501(c)(3).

3. The Ad Hoc Coalition for Drug Law

Reform is an unincorporated association composed of

individuals and other organizations which have a

common purpose in drug law/policy reform. It is a

growing coalition. If it cannot apply for a permit

because it is incompetent to contract in its own name,

it will be a simple matter to substitute a natural

person with such capacity as the applicant. | am

puzzled that Ms. Fencik never offered that as an

alternative pursuant to the provisions of your code

governing permit denials. In any event, I have this

day submitted an amended application in my own

name which fully cures whatever defect the original

contained in this regard. See Exhibit C hereof.

Further, Ms. Fencik's comments concerning her

contemplated denial of my request for a First

Amendment waiver of security deposit and fees are

also in error. I do not believe that a decision on a

First Amendment waiver can properly be predicated

on unspecified “last year's experience." Since Ms.

Fencik has not specified what she means in this

ard, | cannot comment further at this time. |

would be happy to respond to any details which she

might raise. Similarly, although it appears to me that

"a rally based of the theme of Drug Policy Reform

sufficiently establishes the First Amendment nature of

the gathering, | would be happy to provide further

details if Ms. Fencik has any further questions. I can

easily answer the only specific question she poses:

First Amendment free speech rights are "impacted

here.

89

EXHIBIT E TO COMPLAINT

Chicago

Park

District

Come Out And Play

Forrest Claypool 425 East McFetridge Drive

General Superintendent and CEO

Chicago, IL 60605

FAX: (312) 747-6127

T.D.D.: (312) 427-3304

Voice: (312) 747-2657

March 24, 1997

Robert G. MacDonald

2558 West Armitage

Chicago, IL 60647

RE: Special Event Application for Park permit -

May 10-11, 1997

Dear Mr. MacDonald:

This is to advise you that your appeal of the

denial of your application for a Park Permit Special

Event, for Petrillo Bandshell and Butler Field on May

10 and 11, 1997, to hold a rally for the " Ad Hoc

Coalition for Drug Law Reform, " has been denied

and the prior decision has been affirmed. In deciding

your appeal, I have reviewed your application, the

denial of that application, your March 18, 1997

appeal, all of the documents attached to that appeal,

your prior applications, and other documents relating

to the prior events. I have also spoken with Joan

90

Fencik about the circumstances surrounding your

application and the prior events. Denial of your

appeal is based on the following grounds, in the same

order as contained in your March 18, 1997 appeal:

1) You state in your appeal that you did

not previously receive the September 17, 1996 letter

concerning the problems arising out of your previous

permits. Ms Fencik assures me that the letter was

mailed to the correct address. She also indicated that

you admitted to her that you do not always receive

mail sent to you at your address because "a lot of

people live there. " We cannot be responsible for your

not receiving a letter sent to the address that you

have provided to us as your official address, and this

certainly cannot be grounds for your appeal. Even if

you did not receive the September 17, 1996 letter ,

the facts stated therein are not changed.

You state that Ms. Fencik did not particularize

any of the alleged violations or misrepresentations in

connection with your earlier applications. Her March

12, 1997 letter denying your permit application

makes specific reference to the September 17, 1996

letter that enumerated some of the violations and

misrepresentations. As explained in that letter, your

previous permit for the Festival of Life was violated

by (1) persons consuming alcohol, (2) unpermitted

vendors; (3) unpermitted vehicles, including some

driving on the grass; (4) unpermitted tents and

canopies; and (5) improper placement of your

generator, in violation of the Fire Code. In addition,

the letter points out that your permit for the Yippie!

Festival of Life was also violated by persons

remaining in the park after 11 :00 p.m. each night,

contrary to the Ordinance. In fact, your Yippie!

Festival of Life permit application stated that it was

91

restricted to 9:00 p.m. nightly.

After further investigation, it a

violated both of your ce a a

as well. From the very first, you violated your permits

by parking a semi-trailer tractor next to the Petrillo

stage. The permit application specifically states that

this is not allowed. Additionally, multiple cars and

trucks were driven across the grass, both as part of

your parade, and by vendors. Your permit application

specifically states that this automatically revokes your

permit. Without authorization or approval, you

removed seating and never returned it to its original

position. The Park District had to pay to have the

seats returned after your festival concluded.

Some of the above violations also constitute

pee onan in your prior permits. For

example, you represented that you would be usi

the parks until 11 :00 p.m. and 9:00 p.m. ue

respectively, yet you remained well after that time

each night. You stated in your permits that there

would not to sold or given away, yet alcohol

was consumed in violation of secti

a a on B(7) of the Park

a) You contend that you agreed to the Park

District's use of your security deposit to pay the

balance due for the "porta-potties," and thus your

financial obligations were fulfilled. This did not

satisfy your financial obligations or fully reimburse

the Park District for the damages caused by your

festivals. According to Ms. Fencik, on August 24, you

agreed to pay $4000 for the toilets but paid only

$2500 on that day. When the festival was concluding

she told you that additional amounts were owed for

the toilets and other expenses, and you stated that

you and your organizations had no more money and

92

could not pay anything over and above the security

deposit. The Park District incurred additional

expenses to clean the underground bathrooms at

Petrillo Bandshell, to clean the stage and seating area

at Butler Field, and to restore the seating 2rea.

b) The underground restrooms were in fact

opened on August 24 during your festival because

you had made no arrangements for toilets. The Park

District paid the bill for cleaning those restrooms on

August 24, 1996.

c) I have been informed that although the

grassy area was left relatively clean, the stage area of

Butler Field smelled of urine and had to be power

washed after your festival.

d) Ms. Fencik indicates that when a particular

person's consumption of alcohol was brought to your

attention, you did have that person stop drinking.

-However, there were no other attempts by you or

your organization to check the use of alcohol or

drugs. It was your responsibility, not the Park

District's, to ensure that alcohol and drug

consumption did not take place during your festival.

You did not do so.

e) Both of your prior permit applications

stated that there would be no vendors. Yet, at both

festivals there were numerous vendors of clothes and

trinkets. Apparently, on the last day of the event, you

submitted a partial list of vendors, and some money.

This does not excuse the misrepresentations on your

permit applications or your failure to obtain permits

for vendors. Neither Ms. Fencik nor the Park District

approved these vendors.

93

f) According to Ms. Fencik, the sound truck

was initially parked next to the stage without

permission. After the truck was moved later in the

day on August 24, and it became apparent that you

had made no arrangements for secure parking, the

Park District allowed the truck to be moved back to

the seating area when your sound man stated that he

would remove his equipment from the stage and

leave rather than park the truck in an unsecured area.

This accommodation allowed your festival to

continue. Again because of lack of planning on your

part, you were advised that one float, which you had

made no arrangements to park elsewhere, could be in

the park on "Environmental Justice Day. " There was

not approval of any other float, and the one float

remained beyond the approved day, until the Park

District threatened to have it forcibly removed.

g) While tents were permitted, they were not

placed at the agreed locations, and City permits were

not obtained as required.

h) The generator location is clearly marked on

the site plan attached to your appeal. However, you

actually placed the generator on the opposite side of

the building, with wires across the only ingress and

egress to the bandshell. This was in violation of the

Fire Code. The generator was not positioned there

with guidance from the Park District or the Chicago

Police. You were repeatedly asked to move the

generator, but did not.

2) The not-for-profit designation on the permit

application, and the requirement of a section

501(c)(3) certificate is to provide objectivity with

respect to reduced fees, rather than allowing that

decision to be left to the discretion of whoever

94

processes the application. The Park District has a

separate fee schedule for a section 501(c)(3)

organization. Thus, in order to obtain a reduced fee,

the applicant must have 501(c)(3) status. Again, your

lack of such certification does not preclude you from

obtaining a permit, but it does preclude you from the

reduced fees.

3) You correctly point out that the defect in

applicant can be cured by submitting an application

in the name of a different organization or person.

However, your amended application does not cure

the other deficiencies in your application, most

notably the violation of prior permits. This remains

true whether the applicant is your ad hoc committee,

you individually, or any other applicant who submits

an application on your behalf. Until the previous

violations and misrepresentations are fully addressed

and resolved, the Park District will deny you a permit.

Fee Waivers - As discussed above, the amount

of the user fee is set by Park District uniform fee

schedule. Since your organization does not have

501(c)(3) status, the ordinary fee schedule applies to

your permit and the user fee of $8000/day would be

required to be paid no later than 30 days prior to the

event.

You also seek a waiver of the security deposit

and insurance certificate. Surprisingly, your appeal

suggests that you do not understand what Ms. Fencik

is referring to when she alludes to "last year's

experience." To make it perfectly clear, last year's _

experience refers to the Festival of Life and Yippie!

Festival of Life events that you staged. As discussed in

more detail above, those festivals required the Park

95

District to retain the entire $1500.00 security deposit

to fulfill your obligation to Waste Management, and

to incur additional expenses that have not been

recovered. The potential exposure to the Park District

also would require me to insist on the full insurance

certificate. The applicable security deposit, in

accordance with the Park District's Uniform schedule,

is $2500.00. The amount of insurance required is also

set by a uniform schedule of insurance guidelines.

Your event would require a certificate of insurance in

the amount of $1,000,000.00.

The two permits that you submitted in 1996

make it very clear that there are various actions that

result in the revocation of your permits and the denial

of further permits. It is expressly stated that failure to

comply with the alcohol consumption requirements

automatically revokes the permit, as does driving or

parking motorized vehicles on the grass.

The permit applications state that you are

responsible for your vendors and patrons and that

you, and they, must comply with all Park District and

City of Chicago Ordinances and rules. And, the permit

applications state unequivocally that "violation of the

terms of this permit shall be grounds for denial of all

future permit applications." The Park District Code

contains this same provision.

Very truly yours,

Forrest Claypool

Forrest Claypool

General Superintendent

/nm

c: Joan Fencik

96

EXHIBIT F TO COMPLAINT

To: General Superintendent, Chicago Park District

Fr: | Robert Mac Donald / Ad Hoc Coalition for

Drug Law

Re: Reform Appeal from March 13,1997 Permit

Denial

Dt: March 18, 1997.

AMENDED APPEAL

I hereby appeal from the denial of a permit

application which I filed on March 5, 1997. That

application is attached hereto as Exhibit A, and the

denial dated March 12, 1997 and signed by Deputy

General Counsel Joan Fencik is attached hereto as

Exhibit B. It was transmitted to me on March 13,

1997. My responses to the stated reasons for denial,

umbered accordingly, are as follows:

7.

I did not receive the September 17,

1996, letter which Ms. Fencik mentions

until after I received the denial of this

permit application. In any event, Ms.

Fencik does not particularize any of the

alleged "violations" of an earlier permit

or any of the alleged .

"misrepresentations" in connection with

an earlier application. It is therefore

difficult to respond or to assess whether

they are "material" as even your own

code requires or whether they can

constitutionally form a basis for

restraining future expression in

advance. If there were problems with a

past event, those problems can no

b)

d)

97

doubt be avoided from learning from

the past and planning better now and in

the future. None of Ms.Fencik's

suggestions involve uncompensated

damage to park property, and none

involve anything which will necessarily

be repeated at this event. Beyond this:

We had agreed to use the security

deposit to pay the balance due for the

“portapotties” to which Ms. Fencik

refers. I fail to see how this amounted

to any violation. Ms. Fencik certainly

did not so inform me at the time, and

she does not make this clear even now.

The Park District never informed me of

any additional expenses in connection

with the underground restrooms. I am

not aware that they were ever, in fact,

opened, in connection with the event to

which Ms. Fencik refers. We were

disappointed that they were never made

available to us.

Similarly, no one ever asked for

reimbursement of any additional

expenses in connection with cleaning

the stage and seating. Butler Field itself

was left in a clean condition, and so

were these areas as far as I know. These

areas would have been further cleaned

if anyone had brought alleged problems

to our attention.

With respect to "persons consuming

alcohol, " Ms. Fencik does not say who

e)

8)

h)

98

this was and how I can be held

responsible for this. I doubt that you

hold other park users strictly liable for

unauthorized beer consumption at their

events. When Ms. Fencik brought a

particular concern in this regard to my

attention, I immediately saw to it that

the problem was resolved.

Ms. Fencik permitted the vendors to

which she refers. In fact, she took fees

from those vendors for their use of

Butler Field in August 1996. I also

obtained appropriate permission for

these vendors from the Park District's

concessionaire and his client.

The approved vendors were also

allowed to use their vehicles to set up

and take down their tables and wares,

and Ms. Fencik herself approved the

positioning of two floats and the sound

truck.

The tents and canopies were also

permitted by Ms. Fencik, as her own

handwriting on a site plan indicates.

The generator was positioned in

cooperation with the Park District

employees and Chicago Police Officers

on the scene at the time it was brought

in. The alternative location designated

by Ms. Fencik would not have resolved

the problems which she raised. Better

coordination in the future can easily

avoid this type of problem, and it hardly

99

affords a reason to deny a permit for

future expression.

i) Finally, | was not present in Lincoln

Park for the violations which Ms. Fencik

alleges. She and others had many

discussion about those matters at and

prior to the time, and it is disingenuous

for her to raise these matters now as

“violations” of the permits with which |

was involved. All of my activities in

Lincoln Park ended well before the park

closed, and I did not encourage anyone

to stay in the park after that time.

Ms. Fencik's second ground for denial assumes

that an organization must be exempt from

federal income taxation under Section

501(c)(3) of the Federal Revenue Code before

it is properly characterized as "not-for-profit."

That is wrong as a matter of law. Many

not-for-profit organization have no need for

any federal tax exemption on their income and

many others obtain exemptions under other

subsections of Section 501. If, on the other

hand, the Park District intends to impose

disabilities upon not-for-profits which are not

exempt under Section 501(c)(3), it would

raise serious constitutional concerns. For

instance, at least one event, the Gore

campaign rally, took place in Grant Park

during the convention week last August which

could not have been held at the behest of any

501(c)(3) organization. We, of course, would

object to any discrimination or otherwise

improper treatment of non-501 (c)(3)

not-for-profit organizations. In any event, the

100

application is not incomplete. We are not

exempt from federal taxation under Section

501(c})<3).

The Ad Hoc Coalition for Drug Law Reform is

an unincorporated association composed of

individuals and other organizations which

have a common purpose ini “rug law/policy

reform. It is a growing coaiition. If it cannot

apply for a permit because it is incompetent to

contract in its own name, it will be a simple

matter to substitute a natural person with such

capacity as the applicant. I am puzzled that

Ms. Fencik never offered that as an alternative

pursuant to the provisions of your code

governing permit denials. In any event, I have

this day submitted an amended application in

my own name which fully cures whatever

defect the original contained in this regard.

See Exhibit C hereof.

Further, Ms. Fencik's comments concerning her

contemplated denial of my request for a First

Amendment waiver of security deposit and

fees are also in error. I do not believe that a

decision on a First Amendment waiver can

properly be predicated on unspecified "last

year's experience." Since Ms. Fencik has not

specified what she means in this regard, |

cannot comment further at this time. I would

be happy to respond to any details which she

might raise. Similarly, although it appears to

me that “a rally based of the theme of Drug

Policy Reform" sufficiently establishes the First

Amendment nature of the gathering, | would

be happy to provide further details if Ms.

Fencik has any further questions. | can easily

102

Exhibit G to Complaint

CHICAGO PARK DISTRICT

425 EAST McFETRIDGE DRIVE

CHICAGO, ILLINOIS 60605

FORREST CLAYPOOL

GENERAL SUPERINTENDENT AND CEO

Office: 312-747-2657

Fax: 312-747-6127

TDD: 312-427-3304

March 26, 1997

Robert G. MacDonald

2558 West Armitage

Chicago, 1L 60647

RE: Permit Application-May 10-ll, 1997

Dear Mr . MacDonald :

For the reasons stated in my letter to you

dated March 24, 1997, your Amended Appeal is

denied. In response to your new paragraph 1 (i), you

were the permittee on the Lincoln Park permit, and

were responsible for ensuring that all requirements of

the permit were met. Your failure to be on site to

supervise your own event does not excuse the permit

violations.

Very truly yours,

Forrest Claypool

General Superintendent

cc: Joan Fencik

[AMENDED ORDINANCE}

103

CHAPTER VII. USE OF PARKS. DEFINITIONS.

SECTION A.

For purposes of this chapter, the following words,

terms, phrases and their derivatives shall have the

meanings set forth in this section. When not

inconsistent with the context, the present tense shall

include the future tense; the plural shall include the

singular number and the singular number shall

include the plural number.

"Amplified Sound” means any sound projected or

transmitted by artificial means, including, but not

limited to, loudspeakers, amplifiers, powered

megaphones or any similar devices.

"Horse" means any member of the equine family.

"Parade" means any march or other organized

movement of persons from place to place, or

about a place.

“Pollute"” means to perform any act or acts

destroying, contaminating, fouling or otherwise

altering the physical, topographic, chemical or

biological properties of a park, including land,

waters, buildings, furnishings, equipment,

vegetation and animals, including, but not limited

to, the deposit of garbage, litter or water matter;

changes in the temperature, taste, color, turgidity

or odor of water; the discharge of any liquid, gas,

solid, radioactive or other substance in any park

which causes, or is likely to cause, a public

nuisance or an injury to the public health, safety

or welfare, or injury to vegetation or animals, or

otherwise impair the safe, healthful and beneficial

104

use of a park.

"Stallion" means a male horse, not castrated

105

SECTION B. RULES GENERALLY

1. Violation of State or Federal Laws.

No person shall commit a violation of this Code, or

local, state or federal laws or regulations while on

Park District property.

2. Park Hours.

No person shall be or remain or leave any vehicle in any

part of any park which is fenced in or provided with

gates, between the closing of the gates at night and their

reopening on the following day; nor shall any person be

or remain or leave any vehicle in any park not fenced in

or provided with gates, between the hours of 11 :00

p.m. and 6:00 a.m. on the following day, except that:

persons and vehicles may pass through such

parks without stopping on the more direct

walk or driveway leading from their point of

entrance to the exit nearest to their point of

destination;

persons may pass through the parks without

stopping to place or remove a vehicle from a

Park District garage or lot;

persons may occupy boats property moored

in Park District harbors and allow their

vehicles to remain at such time in Park

District garages or lots designated by the

General for mooring permittees;

persons may pass through such parks

without stopping to occupy a boat property

moored in a Park District harbor;

106

persons and vehicles may pass through or

occupy a park for a Park District sponsored

activity; and

vehicles may remain in Park District garages

or lots which by order of the General

Superintendent remain open after the park

closing hours.

Restricted Areas.

Entering Prohibited Areas.

No person shall enter upon any portion of the

Park System where persons are prohibited from

going by direction of the General Superintendent,

as indicated by sign or notice.

Entering Unfinished Areas.

No person shall enter upon any part of the Park

System which is in an urfinished state or under

construction.

Entering Building or Areas Closed to Public or

Scheduled for Specific Group or Activity .

No person shall enter or attempt to enter any

building or area in the Park System if or when it

is closed to the public, if a permit has been issued

for use of it by an individual or group, unless

invited by said individual or group, or if a permit

is required for use. :

Use of Rest Rooms and Comfort Stations.

No person shall fail to cooperate in maintaining

restrooms and washrooms in a neat and sanitary

107

condition. No person over the age of four years

shall use the restrooms designated for the

opposite sex. No person under the age of four

years shall use any restroom unless accompanied

by a person over the age of eighteen.

Playgrounds Designated for Persons under

Twelve Years of Age.

No person the age of twelve years or older shall

use playground equipment designed for persons

under the age of twelve years.

Enteri a

No person shall enter or remain in any waters of

the Park System except as herein provided.

Pools and Natatoria

Entering or remaining in park swimming pools

and natatoria designated for swimming shall be

permitted on such days, at such times and subject

to such rules and regulations as prescribed by the

General Superintendent

Lake Michigan, Humboldt Park and Douglas Park

Beaches and Adjacent Waters.

(1) Authorized Beaches

Entering or remaining in the waters of Lake

Michigan adjacent to or in the lands of the

Park District shall be permitted only at the

following authorized bathing beaches:

108

Calumet Ohio Street

Rainbow Oak Street

South Shore North Avenue

67th Street Montrose Avenue

64th Street Foster Avenue

57th Street Loyola (Greenleaf Avenue)

51st Street Touhy

49th Street Juneway Terrace

31st Street Loyola Avenue

74th Street North Shore Avenue

Albion Avenue Pratt Boulevard

Ardmore-Hollywood Rogers Avenue

Columbia Avenue Fargo _ Eastlake Terrace

Fullerton Avenue Thorndale Avenue

Howard Avenue Humboldt Park Avenue

12th Street Douglas Park Beach

(2) Authorized Times.

Entering or remaining in the water at said

beaches shall be permitted only during the

bathing season established by the General

Superintendent. The General Superintendent

may extend or shorten said bathing season at

some or al! beaches or parts thereof and may

eliminate beaches or parts thereof from said

designated bathing beaches, during the bathing

season with due regard for weather conditions

and the safety of the public during said bathing

season. No person shall enter or remain in the

water at any of the authorized bathing beaches:

(a) between the hours of 9:30 p.m. and 9:00

a.m.;

(b) during storms or in dangerous or

unauthorized areas including, without

limitation, areas at which no swimming

(c)

(d)

109

and/or no diving signs or symbols are

posted or otherwise displayed;

more than fifty yards from the shore line

of the bathing beach; or

when closed by order of the Genera!

Superintendent or his/her designee.

No person shall dive into the water at any

authorized bathing beach, or into the

water adjacent to any lands of the Park

District, if said water is five feet deep or

less or where no swimming or no diving

signs or symbols are posted or otherwise

displayed.

(3) Prohibited Activities.

(a)

(b)

(c)

no person shall ride, drive, or transport

any bicycle or motor vehicle upon a

bathing beach, except where racks for the

storage of bicycles are provided by the

a bicycles may be stored in said

racks. -

Except in locations designated for such

purpose, no person shall engage in any

athletic game or sport or in any activity

upon a bathing beach or in the water,

when injury or inconvenience to

himself/herself or others might result

therefrom.

No person shall conduct himself/herself

upon any bathing beach or in the water in

such a manner as to jeopardize the safety

(d)

(e)

(f)

(g)

(h)

110

and health of himself/herself or others.

No person shall change clothes except in

beach houses or other enclosed places

furnished by the Park District.

No person shall swim, dive or enter the

water fronting any bathing beach while

wearing or carrying an air or gas tank or

tanks for the purpose of underwater

breathing in the activity commonly known

as skin or scuba diving.

Notwithstanding the provisions of this

chapter, Section B.4.b.(3)(e), above, skin

or scuba diving shall be permitted at such

locations as shall be designated by the

General Superintendent and subject to

such rules and regulations pertaining to

the safety of the participants and the

public as the General Superintendent shall

prescribe.

No person or persons shall use any

artificial floats of any kind or description

in any park waters.

No person shall carry on unnecessary

conversation with lifeguards; or falsely

call for help or assistance; or stand or sit

upon or cling to any lifeguard perches or

light towers; or, except in an emergency,

go into or cling to any lifeguard boats.

Inj D ‘on of Park P

No person shall in any park:

lll

destroy, cut, break, deface, mutilate, injure,

disturb, sever from the ground or remove

any sod, earth or growing thing including,

but not limited to, any plant, flower, flower

bed, shrub, tree, growth, or any branch,

stem, fruit, or leaf thereof; or bring into or

have in his/her possession in any park any

tool or instrument intended to be used for

the cutting thereof, or any garden or

agricultural implements or tools which

could be used for the removal thereof

except as approved and allowed by permit;

set fire to any trees, shrubs, plants, flowers,

grass, plant growth or living timber, or

suffer any fire upon land to extend into

park lands;

go upon any lawn, grass plot, planted area,

tree, shrub, monument, fountain, sculpture

or structure where access is prohibited by

signs or symbols which are posted or

otherwise displayed or where access is

restricted by fence or other physical

barrier;

cut, break or in any way injure, deface,

destroy or alter any building, fence,

monument, sculpture bridge, or other

structure or property contained therein;

operate or drive any motor car, automobile

or vehicle of any kind in the Park System in

places other than roadways or in such a

manner as to cause the same to collide

with, run against, strike or cause to strike,

injure, deface or damage any park property

112

or appurtenance of any kind;

f. fasten any animal or attach any rope, sign,

handbill or other things to any tree or

shrub or to any protective device around

any tree or shrub growing in the Park

District;

g. allow any animal to injure or deface any

tree, plant, shrub, lawn or grassplot in any

manner whatsoever;

h. fasten any bicycle, motor cycle, moped or

other vehicle to or leave the same standing

sO as to injure any tree, shrub, lawn or

grass plot; or

i. deface, destroy, cover over or otherwise

make unreadable any warning or

prohibitory sign or symbol on park

property.

Fires.

No person shall light or make use of any fire in

the Park District except at fires for cooking

purposes may be made in portable metal

containers or grills under such regulation as may

be prescribed by the General Superintendent. The

General Superintendent shall designate areas in

the parks in which grilling will not be permitted.

Areas where grilling is permitted shall be

equipped with special containers for deposit of

charcoal and shall have access to water. The

General Superintendent shall institute a program

informing Park patrons of the danger to the health

of trees and shrubs caused by depositing charcoal

113

near them. Any such fire shalt be continuously

under the care and direction of a competent

person over eighteen years of age from the time it

is kindled until it is extinguished. No fire shalt be

built within ten feet of any tree or building, or

beneath the branches of any trees or in any

underbrush. Every person who starts any such fire

and every person starting or using such fire shalt

completely extinguish fire or fires before leaving

such park and shall dispose of any residue or

refuse therefrom in an appropriate container.

Cigars, cigarettes, charcoal bricquets and matches

shall be extinguished and deposited in a suitable

container provided for the reception thereof.

Alcoholic Beverages.

No alcoholic beverages shall be sold, brought

within, given away, delivered or consumed on

park property , except pursuant to permits or

concessions issued pursuant to this Code.

Games and Sports.

No person shall engage in any athletic game or

sport in the Park System except such portions

thereof as may be designated for that purpose by

the General Superintendent, and then only under

such rules and regulations as may be prescribed

by him/her .

a. Skating, Sledding, Skiing in Reckless Manner

No person shall skate, skateboard, sled or ski

in any part of the Park System in a reckless

114

manner, or at the speed greater than is

reasonable and proper, having due regard to

the number of people in such part of the Park

System and the use thereof, or so as to

endanger life or limb, or damage the property

of any person; provided, however, that

nothing herein contained shall be construed

to prohibit any exhibition of, or contests in,

fast or fancy skating on such portions of any

ice pond or rink as may be set aside for that

purpose by the General Superintendent or

his/her designee. Skating of all types,

including, but not limited to, roller skating,

skateboarding and cycling shall be prohibited

at all times within the confines of the Lincoln

Park Zoo Area. -

b. Golf,

All persons are hereby prohibited from

practicing and playing golf upon the

playgrounds or parks of the Park District

except upon the designated public golf links of

Park District at the times and in the areas as

may be designated by the General

Superintendent.

c. Bicycling.

Persons may operate a bicycle only on paths,

trails, roadways or other areas designated for

bicycle use. Persons operating bicycles must

ride on the right-hand side of such path, trail,

roadway or other area designated for bicycle

use by the General Superintendent. No person

may operate a bicycle while carrying another

person on the handlebars, frame or fender, or

10.

115

so ride on a bicycle, except in a suitable seat

attached to such bicycle for such purpose. No

person may operate a bicycle in a reckless

manner so as to endanger pedestrians. No

person shall cling or attach himself/herself or

his/her bicycle to any other moving vehicle.

The operator of a bicycle shall yield the

right-of-way to all pedestrians on walkways

and to all vehicles on roadways, and shall

walk his/her bicycle in all areas where riding

is prohibited by the General Superintendent,

as indicated by sign or notice. The operator of

a bicycle shall give an audible warning, by

horn, bell, voice or otherwise, when

approaching any pedestrian from behind.

Day Camps.

Day camps, play classes or organized groups not

sponsored by the Park District may use facilities of

the Park System when not in conflict with the

Park District recreational program, with the

approval of the General Superintendent.

Bringing Animals in Pari

No person owning or being custodian or having

control of any animal shall cause or permit such

animal to enter or remain on Park District

property, except

(1) adomestic animal may be brought

into a park so long as such animal is

continuously restrained by a leash

not exceeding six feet in length and

116

such animal does not enter or

remain in any building, zoo,

playground, bathing beach, harbor,

lagoon, swimming pool, spray pool,

garden, athletic field, animal or bird

refuge, or other areas that may be

designated by signs as prohibited

areas; and

(2) Horse, except for a Stallion, may

enter or remain on Park District

property as provided by a permit

issued pursuant to this chapter,

Section C, or concession permit

issued pursuant to Chapter IX.

(3) subject to the permit,

indemnification, reimbursement and

insurance requirements enunciated

in Chapter VII., Section C of this

Code, a permittee may bring onto

park property a tame, non-domestic

animal for limited noncommercial or

promotional purposes, so long as the

animal is being supervised and

controlled or restrained.

Nothing in this Code shall prohibit a dog assisting

a sight-impaired person from entering or

remaining at any location in the Park System or a

person from bringing a dog to a dog-obedience

event or a charitable organization from bringing

onto park property a tame, non-domestic animal

for limited non-commercial, promotional

purposes, so long as the animal is being

supervised and controlled or restrained or any

animal together events for which a permit has

117

been issued pursuant to this chapter, Section C.,

below. No person having the care or charge of any

dog, cat or other domestic animal shall permit

such animal to enter or drink the water of any

drinking fountain, pool, lake or pond in any park

Ser aaa

r.

Animal Nuisance.

No person having the right and ability to prevent

shall, knowingly or carelessly or negligently,

permit any dog, cat or other animal to commit any

nuisance upon any sidewalk or parkway of any

public way in the Park District; or upon any public

parks, public beaches, harbors or other public

grounds and the buildings thereon excepting the

roadway of any public way; nor shall any such

person omit to do any reasonable and proper act,

or take any reasonable and proper precaution, to

prevent any such dog or other animal from

committing such a nuisance in, on or upon any of

such places or premises herein specified. Any

person having the custody or control of any dog,

cat or other domestic animal shall have the

responsibility for cleaning up any feces of the

animals and to dispose of such feces in a sanitary

manner.

Animal at Large.

Any animal found at large in the Park System

may be seized and impounded or disposed of

pursuant to the laws or ordinances of the City of

11.

12.

118

Chicago in relation to the disposal of stray

animals on the highways or other public places.

Any animal found within the Park System in

violation of this chapter may be apprehended,

removed to the animal shelter, public pound, or

any other place provided for that purpose, and

impounded, all at the expense of the owner.

snimals Owned by the Park District.

No person shall within any park molest, kill,

wound, trap, snare, hunt, take, chase, shoot or

throw missiles at, remove or have in his/her

possession any animal or animal habitat including,

but not limited to, birds and bird or squirrel nests,

fish, water fowl and reptiles. No person shall

remove the young from the eggs of any such

animal. No person shall feed animals in any zoo

area except unconfined squirrels, sparrows, pigeons

and ducks. No person shall throw anything

whatever into any animal cage or enclosure, or

tease, annoy, frighten, molest or injure in any

manner any animal or bird whether confined or

otherwise.

Loiteri O1 Public W +P

It shall be unlawful for any person to loiter, loaf,

wander, stand or remain idle either alone and/or in

consort with others or on park property in such a

manner as to:

a obstruct any driveway, public sidewalk or

any other place or building by hindering or

impeding or tending to hinder or impede the

free and uninterrupted passage of vehicles,

119

traffic or pedestrians; or

commit in or upon any driveway, public

sidewalk or any other public place or

building any act or thing which is an

obstruction or interference to the free and

uninterrupted use of property or with any

business lawfully conducted by anyone in or

upon or facing or fronting on any public

street, public highway, public sidewalk or

any other public place, or building, all of

which prevents the free and uninterrupted

ingress and egress.

13. Polluting and Littering.

Littering.

No person shall bring into, leave behind, or

dump any material of any kind, whether

waste or otherwise, in the park, except

refuse, ashes, garbage and other material

arising from the normal use and enjoyment

of a picnic or other permitted activity

provided such material is deposited in

receptacles provided for such purposes.

Polluting.

No material of any kind shall be left or

deposited in parks so as to pollute the land,

waters or air coursing through or over the

parks or otherwise to interfere with proper

use and enjoyment of the park. No person

shall throw, cast, deposit, damage, lay, place

or scatter in the water of Lake Michigan

adjacent to the Park District, or on any

120

waterway, harbor or lagoon of the Park

District, or upon any bathing beaches of the

Park District any glass, bottles, nails, cans or

other sharp or cutting substances of any

kind. No person shall throw, cast, lay, drop

or discharge into or leave in the boating

beaches or waters in any park or in any

storm sewer, or drain flowing into said

waters, any substance, matter or thing, liquid

or solid, which may or shall result in the

pollution of said waters.

14. Hindeting or Soliciting Emo! as Conemecenss,

No person shall interfere with, or in any manner

hinder any Employee or Contractor of the Park

District while engaged in constructing, repairing or

caring for any park property; nor shall any person

solicit any Employee or Contractor of the Park

District while such Employee or Contractor is on

15.

duty.

Vehicles.

a. Snowmobiles.

No snowmobiles or similar vehicles shall be

permitted upon a boulevard, driveway or

upon any and all areas or premises within the

Park System, unless written permission is

granted by the General Superintendent.

b. Unattended Vehicles.

No motor vehicle shall be left unattended in

any parking area while the motor of such

vehicle is running, or when standing upon a

121

perceptible grade without effectively setting

the brakes and turning the wheels of such

motor vehicle toward the curb or the side of

the parking area.

Exception for Emergency Vehicles and Park

District Vehicles.

The provisions of this section shall not be

construed to relate to emergency, police or fire

department vehicles or any vehicle owned by

the Park District or a Park District Employee

displaying proper identification where the

Employee is duly authorized to operate such

vehicle at such location.

Noise Created by Vehicles.

It shall be unlawful to operate a vehicle which

makes unusually loud or unnecessary noises.

Repairs to Vehicles.

No person shall change any parts, repair, wash,

grease, wax, polish or clean a vehicle on any

parking area within the Park District except

such repairing, cleaning or polishing as is

necessary to insure good vision, or such

emergency repairs as are necessary to remove

such vehicle from the parking area.

Racing Prohibited.

It shall be unlawful to race or drive in excess of

the posted speed or in the absence of posting

thirty miles per hour on any roadway within

the Park District. It shall be unlawful to race or

122

drive any motor vehicle in any parking facility

of the Park District at a speed in excess of that

required to enter into a parking space in any

such facility.

. Illegally Parked Vehicles.

Whenever any vehicle is parked in violation of

the provisions of this chapter prohibiting or

restricting parking, and there is no person in

attendance upon such parked vehicle to be

arrested or served immediately with a notice to

appear in court to answer the charge of such

violation, any police Officer observing such

violation may attach to the vehicle used in such

violation, a notification ticket, so that the

person in whose name such vehicle is registered

may appear in court on a day certain, and at a

designated court room to be named in such

notice, and answer to the charge of such

violation. It shall be unlawful for any person

other than the driver of the vehicle to which

said notice is attached to remove the

notification ticket from said vehicle.

. Erection of Signs Indicating when Parking is

Prohibited in Parking Lots.

The General Superintendent shall erect signs

indicating the hours in which parking is

prohibited in parking lots in parks, and it shall

be lawful for the operator of a vehicle to park

any such vehicle in any such parking lot in

- violation of any such sign.

123

i. Establishment of Areas for Parking of Vehicles

Equipped with Trailers Designed for

Carrying Boats.

The General Superintendent may establish

parking areas in which parking shall be limited

to vehicles equipped with trailers designed for

carrying boats, and nv person shall park a

vehicle in said areas unless a trailer designed

for carrying boats is attached thereto.

j. Parking Fees.

The Board shall establish from time to time

rates and fees for parking in any and all the

parking facilities of the Park District, which fees

shall be collected daily and delivered to the

Treasurer within twenty-four hours thereafter.

. Parking Meter Zones.

(1) Established.

The Board by order may establish paring

meter zones in which parking shall te

prohibited for a longer time than indicated

in such order.

(2) Installation. $ ision of Parking M

The General Superintendent shall cause

parking meters to be installed in such

numbers and at such places in parking

meter zones as established by the Board as

in its judgment may be necessary to the

regulation, control, and inspection of the

parking of vehicles herein, and shall cause

parking meter spaces to be so designated as

(4)

(S)

124

hereinafter provided. He/she shall have

supervision of the installation, operation,

maintenance, regulation and use of such

meters, and the Treasurer shall have charge

of the collection of coins deposited in said

meters.

(3) Parking Regulated. :

The operator of a vehicle shall not park such

vehicle in a parking meter zone as

established by order of the Board, except as

hereinafter provided. The Board shall by

order designate the hours of the day and the

days of the year when parking in a parking

meter zone is governed by the terms of said

order. Each parking meter shall bear thereon

a legend indicating the days and hours when

the requirement to deposit coins therein shall

apply.

Time Limitations: F

Time limitations for parking in parking meter

zones shall be as established from time to

time by the Board. Parking fees in parking

meter zones shall be as established by the

Board.

Placement of Meters.

Parking meters shall be installed immediately

adjacent to the individual parking places

designated. Each parking meter shall be set in

such manner as to display by a signal that the

parking space adjacent to such meter is or is

not legally In use. Each parking meter shall

(6)

125

indicate the value of the coins to be

deposited, the legal parking time established

and when operated shall indicate the duration

of the period of legal parking, and on the

expiration of such period, shall indicate illegal

or overtime parking.

Pavement Markings.

The General Superintendent shall have

markings painted or placed upon the

pavement adjacent to each parking meter for

the purpose of designating the parking space

for which said meter is to be used, and each

vehicle parking adjacent to any parking meter

shall park within the lines or markings so

established. It shall be unlawful to park any

vehicle in such position that the same shall

not be entirely within the area so designated

by such lines or markings.

(7) Deposit of Coins.

When any vehicle shall be parked in any

parking meter zone the operator of such

vehicle shall, upon entering the parking space,

immediately deposit or cause to be deposited a

coin of the United States in such parking

meter, of the denomination indicated, and put

such meter in operation. Failure to deposit

such coin and put the meter in operation shall

constitute a violation of this Code.

(8) Time Limits.

Upon placing such meter in operation as

aforesaid, the parking space may be lawfully

126

occupied by such vehicle for the period of time

designated on the meter for the value of the

coins deposited in such meter.

(9) Use of Coins.

The coins required to be deposited hereby are

levied and assessed as fees to cover the cost of

supervision, inspection, installation, operation,

maintenance, control and use of the meters,

for the cost of supervising and regulating the

parking of vehicles in the parking meter zone,

for the purpose of acquiring, establishing,

improving, maintaining and operating parking

facilities, and for the purpose of traffic

regulations.

(10) Tampering with Meter.

It shall be unlawful for any person to deface

injure, tamper with, open or willfully break,

destroy, or impair the usefulness of any

parking meter.

(11) Using Slugs Prohibited.

(a)

It shall be unlawful for any person to

insert, or attempt to insert, into the

coin receptacle of any parking meter,

any slug, button or other substance,

or to manipulate or operate in any

manner whatever, any parking meter

or any mechanism or device

connected or commonly used

therewith, with the intent to park in

a parking meter zone without paying

therefor.

127

(b) It shall be unlawful for any person to

insert, or to attempt to insert. into

the coin receptacle of any parking

meter, any slug, button, wire, hook,

or other implement or substance with

the intent to obtain-from such coin

receptacle a legal tender coin of the

United States.

Parking Prohibited Except in Designated Parking

Area.

The General Superintendent may, by rule, designate

certain enclosed areas in which parking shall be

allowed only by prepaid permit. The General

Superintendent shall set the term of validity for such

permit and the schedule of fees for its use. All

persons having paid a fee shall receive from the

General Superintendent a dashboard identification

card valid for the term of the permit and a device or

card which will activate the automatic entrance and

exit gates at the designated parking areas. Every

vehicle parked within the designated parking area

must clearly display said identification card on the

dashboard of the parked vehicle. Should any vehicle

parked within the designated permit parking area

not display the proper identification card for that

particular designated area, said vehicle shall be

subject to fine and towing.

16. Explosive Devices,

No person shail fire, discharge or set off any rocket,

cracker, torpedo or other fireworks, or any

substance of an explosive nature within the Park

System.

128

17. Parties and Parental Responsibility,

The parent or legal guardian of a minor

defendant who resides with such parent or

legal guardian shall be jointly and

severally liable for any fine or condition of

restitution or reparation imposed by a

court upon a minor for violation of this

Code; provided that the payment may not

be demanded of such parent or legal

guardian unless and until the minor has

not paid the fine or made restitution or

reparation within the time ordered by the

court; and provided that said parent or

legal guardian has been served with

summons or notice to appear in the

original cause and all proceedings

thereafter as provided by law.

Every person who commits, attempts to

commit, conspires to commit, or aids or

abets in the commission of any act

declared herein to be unlawful, as a

principal, agent, or accessory, shall be

guilty of such offense, and every person

who falsely, fraudulently, forcibly or

willfully induces, causes, coerces, requires,

permits or directs another to violate any

provision of this Code is likewise guilty of

such offense.

Any person who is the owner, registered

owner, Or person in control of any animal,

vehicle or other property of any kind

brought, placed, parked or allowed to

remain on park property in violation of

this Code or any regulations issued

129

pursuant to the Code, shall be deemed

prima facie responsible for such violation

and shall be subject to the penalties

provided for herein.

18. Fines and Appeals.

The violation by a person or other legal entity of

this chapter shall subject such person or entity to

a civil fine of up to $500. Each day that a

violation continues shall be deemed a separate

violation. The Park District shall give such person

or entity prompt written notice of any fines. Such

notice shall be served on the person or legal

entity by personal delivery, or by deposit in the

United States mail, with proper postage prepaid

to the name and address of such person or entity.

b. Appeal Procedures.

A person or other legal entity who wishes to

appeal the proposed imposition of a fine for

violation of this chapter shall file such an appeal

within ten days after actual receipt of the notice

by filing with the General Superintendent or

his/her designee a written request for hearing. If

no timely appeal is filed, the General

Superintendent may proceed to execute the

proposed fine and such person or entity shall

have no further right of appeal.

c. Hearing.

Upon receipt of a timely request for hearing, the

130

hearing will be scheduled by the Deputy General

Superintendent of Parks and Recreation within

thirty days after receipt by the Deputy of the

written request for hearing. The appellant will be

notified in writing of the time and place of the

hearing. The hearing will be conducted by an

impartial non-Employee hearing Officer

appointed by the General Superintendent or

his/her designee. The Park District shall have the

burden of proving by a preponderance of the

evidence any charge of violation of this chapter.

At the hearing, the appellant shall have the right

to counsel, to call witnesses and present evidence

in his/her behalf, to see all evidence against

him/her and to cross-examine opposing

witnesses. The hearing Officer shall not be bound

by the technical rules of evidence but may admit

such evidence as is commonly relied upon by

reasonably prudent persons in the conduct of

their affairs. Within thirty days after completion

of the hearing, the hearing Officer shall submit a

written recommendation to the General

Superintendent sustaining, modifying, or

reversing the proposed action of the Deputy .

Within ten days after their receipt of the hearing

Officer's recommended decision, the Deputy

and/or the appellant may file with the General

Superintendent written exceptions to the

recommended decision. With ten days after the

last date for filing exceptions to the

recommended decision, the General

Superintendent shall render a final decision in

the name of the Park District accepting,

modifying or reversing the recommended

decision of the hearing Officer. The Deputy shall

then promptly execute the decision of the

General Superintendent.

19.

131

Severability.

If any provision of this ordinance or the

application thereof to any person or circumstance

be held invalid, the remainder of this ordinance

and the application of such provision to other

persons or circumstances shall not be affected

thereby. The Park District reserves the right to

amend or repeal this ordinance at any time; and

an rights, privileges and immunities conferred by

this ordinance or by acts done pursuant hereto

shall exist subject to such power.

SECTION C. - PERMITS.

1.

Desi , ¢ Park Faciliti

a. Proposed Designation.

The General Superintendent shall classify all park

property under a uniform system of classification

and designate for each such classification the use

or uses which, in his/her judgment, should be

permitted therein. Categories of classifications

which the General Superintendent shall designate

may include, but are not limited to, parks,

playgrounds, playlots, fieldhouses, boat harbors,

and leased facilities. The General Superintendent

shall classify all park property under the

following classification system:

(1) public forums;

(2) limited use areas;

(3) areas or facilities not designated for public

assembly; or

(4) special facilities.

The General Superintendent shall then record the

designations for each park and shall transmit the

same promptly to the Board, which shall then

approve, amend or reject the designations.

Thereafter, the General Superintendent may,

from time to time, as he/she shall deem

necessary and proper, amend or revise his/her

designations and shall promptly

transmit in writing the amendments or revisions

to the Board, which shall approve, amend or

reject the same. All such designations, and the

General Superintendent's amendments and

revisions thereof, shall be in full force and effect

133

from the time that the same are expressly

approved as such or as amended by the Board.

b. Public Review of Proposed Designation.

Simultaneous with the transmission to the Board

of the plats or mars required by this ordinance,

or of any written amendments or revisions

thereof, the General Superintendent shall file a

duplicate copy of the same with the Secretary,

which duplicate copy shall be available for public

inspection and copying in the Office of the

Secretary during normal business hours.

Rules and Regulations.

The General Superintendent may, from time to

time, establish reasonable rules and regulations,

for the use of each facility in the Park System and

for obtaining permits pursuant to this chapter.

Such rules and regulations shall be based on a

due regard for the purpose for which the facility

is established, the safety of those using the

facility, of park Employees and of the public, the

safety and maintenance of Park District property,

the need for and the availability of supervisory

personnel, and the maximum number of people

who can safely use the facility at one time.

Subject to the foregoing, and except as

hereinafter provided, all Park District facilities

may be used by members of the general public,

without permit, for recreational and athletic

purposes not inconsistent with the nature of the

facility and the safety of the public and of Park

District property.

134

General.

No person shall, without a permit:

(1)

(2)

(3)

(4)

(S)

(6)

conduct a public assembly, parade, picnic,

or other event involving more than fifty

individuals;

circulate or distribute any leaflets,

handbills, notices, pamphlets, books,

documents or papers of any kind in any

indoor facility, fieldhouse, garden,

zoological garden or other special facility;

conduct any exhibit, music or dramatic

performance, fair, circus, concert, play,

radio or television broadcast, other than a

news transmission;

exhibit or display any motion picture,

television program, light or laser light

display, or similar event;

operate a vehicle, except upon a publicly

dedicated street, alley, watercourse or

other thoroughfare which may abut or

traverse a park;

create or emit any Amplified Sound,

except from a radio, recorder or other

device possessed and used by an

individual for his/her own enjoyment and

operated in such a manner so as not to

interfere with the use and enjoyment by

an other person;

(b)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

135

station or erect any building, tent, canopy,

stand, bandstand, stage, tower, scaffold,

sound stage, platform, rostrum or other

structure;

station or use any electrical or electronic

device or equipment that would require

outdoor auxiliary power;

sell or offer for sale any goods or services;

display, post or distribute any placard,

handbill, pamphlet, circular, book or other

writing containing commercial advertising

matter within the Park System;

bring, land or cause to ascend or descend

or alight within the Park District, any

airplane, helicopter, flying machine,

balloon, parachute or other apparatus for

aviation;

conduct any sporting event;

ride any Horse on any driveway, roadway,

path or trail; or

bring onto property a tame, non-domestic

supervised and controlled or restrained

animal for limited non-commercial or

promotional purposes.

Permits for Activities Involving More Than 500

Individuals.

No activity involving more than five

136

hundred individuals shall be held within

two thousand five hundred feet nor within

two hours of any other activity involving

more than five hundred individuals.

(4) Application for Permits.

Filing Written Application.

(1) Special Event Permit

Any person seeking the issuance of a

permit shall apply for a permit by filing a

written application for permit on a form

and within such time as shall be

prescribed by the General Superintendent

Applications involving any of the following

activities shall be filed with the Region

Manager for the region in which the

special event is to take place, or his/her

designee:

a. an event involving more than fifty

individuals;

b. the sale or offering for sale of any

good or service;

e. the sale or service of alcohol on

Park District property;

d. advertising or commercial

activities;

e. activities involving more than one

park;

(i)

0)

(k)

(I)

137

a religious or partisan political

event;

creation or emission of any

Amplified Sound, except from a

radio, recorder or other device

possessed and used by an

individual for his/her own

enjoyment and operated in such a

manner so as not to interfere with

the use and enjoyment by another

person;

stationing or erecting any building,

stand bandstand, stage, tower, tent,

canopy, scaffold, sound stage,

platform, rostrum or other

structure;

use of any electrical or electronic

device or equipment requiring

outdoor auxiliary power;

bring, land or cause to ascend or

descend or alight within the Park

District, any airplane, helicopter,

flying machine, balloon, parachute

or other apparatus for aviation;

riding of a Horse or Horses; or

use of mechanical rides (which may

be permitted only on hard

surfaces).

138

Media/Motion Picture/Commercial

Photography

Any person seeking the issuance of a

permit for filming of a media broadcast

(other than a news transmission), motion

picture, or still commercial photography

shall file a written application for permit

with the General Superintendent or

his/her designee on a form and within

such time as shall be prescribed by the

General Superintendent.

Recreational Permits

Any person seeking to reserve Park District

facilities for any event involving less than

fifty people and not including the items

covered in paragraph 4(a)(1), above, shall

file a written application with the

park/playground supervisor where the

event is proposed to take place on a form

and within such time as shall be

prescribed by the General Superintendent.

Special Facilities

Any person seeking the issuance of a

permit for use of Park District property

designated as a special facility shall file a

written application for permit with the

General Superintendent or his/her

designee on a form and within such time

as shall be prescribed by the General

Superintendent.

Application Fee.

139

For any activity described in this chapter,

Section C.4.a, no application for permit

shall be considered unless the applicant

shall have paid at the time for filing an

application for permit the required

application fee in an amount in

accordance with the schedule of fees set

by the General Superintendent and

approved by the Board.

Indemnification and Reimbursement Agreement.

No application for permit shall be granted

unless the applicant shall have executed

an agreement with the Park District, on a

form to be prescribed by the General

Superintendent, in which the applicant

shall promise and covenant to bear all

costs of policing, cleaning up and restoring

the park upon conclusion of the event or

activity; to reimburse the Park District for

any such costs incurred by the Park

District; and to indemnify the Park District

and hold the Park District harmless from

any liability to any person resulting from

any damage or injury occurring in

connection with the permitted event

proximately caused by the action of the

permittee, the sponsoring organization, its

Officers, Employees or agents or any

person under their control insofar as

permitted by law.

d. Security Deposit.

For any activity described in this chapter,

140

Section C.4.a(1) , Section C.4.(a)(2) or

Section C.4.(a)(4), no application for

permit shall be granted unless the

applicant has paid, within the time

prescribed by the General Superintendent,

the security deposit in an amount in

accordance with the schedule of fees set

by the General Superintendent and

approved by the Board. The amount of the

security deposit set in the schedule of fees

shall be equal to the estimated cost of

policing, cleaning up, and restoring the

park upon the conclusion of the use or

activity. The security deposit shall be

deposited by the Park District into an

escrow account. Promptly after the

conclusion of a permit activity, the Park

District shall inspect the premises and

equipment used by the permittee.

(1) If it is determined that there has

been no damage to Park District

Property or equipment beyond

reasonable wear and tear, the

security deposit shall be refunded

in full within thirty (30) days of the

conclusion of the permitted event.

(2) If it is determined by such

inspection, that the permitted event

proximately caused damage to Park

District property in excess of

normal wear and tear and which

requires repairs in excess of routine

maintenance or it is determined

that fines should be assessed

against the permittee pursuant to

141

this chapter, Section C. 7., below,

the Park District shall retain the

security deposit or any portion,

thereof, necessary to pay for the

cost repair or any fines assessed

against the permittee. The General

Superintendent or his/her designee

shall given written notice of the

assessment of damages or fine and

retention of the security deposit to

the permittee by personal delivery

or by deposit in the United States

mail, with proper postage prepaid

to the name and address set forth

in the application for permit. Any

assessment of damages or fine in

excess of the security deposit shall

be paid to the Park District within

ten (10) days after notice of such

assessment of damages or fine is

sent. Retention of all or a portion

of a security deposit shall be subject

to the appeal procedures contained

in Section C.6., below. An

assessment of damages or fine in

excess of the security deposit shall

be subject to the appeal procedures

contained in Section B.18(b) and

(c)., above.

Fees for Use of Park Facilities.

No application for permit shall be granted

unless the applicant has paid, within the

time prescribed by the General

Superintendent, a user fee and any other

required fee in an amount in accordance

142

with the schedule of fees set by the

General Superintendent and approved by

the Board. No application for permit shall

be granted unless all required fees are

paid as specified in paragraph 5(b), below.

Insurance.

Applicant shall procure and maintain at all

times during its use of Park District

property, insurance in such amounts and

with such coverages as shall reasonably be

required by the Park District and shall

name Park District as an additional

insured thereunder. The amounts and type

of insurance required shall be determined

by the Division of Risk Management.

based upon the nature of the activity and

the risk involved. The Division of Risk

Management shall prepare a uniform

schedule of insurance guidelines for

particular types of activities. Applicant

shall provide Park District with a

certificate from an insurer evidencing such

coverage prior to applicant's use of Park

District property, and within the time

prescribed by the General Superintendent.

The certificate shall also provide that the

insurer shall give the Park District

reasonable advance notice of insurer's

intent to cancel the insurance coverage

provided.

Permits Not Transferable.

No permit or conditionally approved

permit application may be transferred.

143

5S. Processing of Application for Permits.

a. Order.

Applications for permits shall be processed in

order of receipt; and the use of a particular park

or part thereof shall be allocated in order of

receipt of fully executed applications

accompanied by the application fee.

b. Conditional Approval.

Applications for permits for activities or events

which require insurance, approval or permits

from other governmental entities, or compliance

with other terms or conditions, will be reviewed

and, if the application otherwise conforms to all

other requirements, a conditional approval will

be issued. If within the time prescribed by the

General Superintendent, any required fee or

security deposit is not paid, or an insurance

certificate evidencing the requisite insurance is

not filed with the Division of Risk Management,

or the approval or permit of other governmental

entities has not been received, or the other terms

and conditions have not been met, the

conditional approval will automatically expire,

the application for permit will be deemed denied

and no written notice of denial will be required.

For events or activities which involve the use of

special facilities, or activities described in this

chapter, Section C.4.a. (1)(b),(c), (d), (g), (h),

(i) or (j), above, all terms and conditions for

issuance of the permit, including securing

insurance and payment of all fees and security

deposit, must be completed at least thirty days

prior to the event unless a longer time period is

144

prescribed by the General Superintendent.

No permit shall be issued unless all applicable

fees and security deposit are paid within the

times prescribed by the General Superintendent.

Failure to pay fees or security deposit within that

time shall cause the application to be deemed

denied, without further notice to the applicant.

Written Denials.

If no written denial or conditional approval is

issued within fourteen days of the date on which

a permit application is fully completed, executed

and filed with the appropriate Officer or

Employee, as designated by the General

Superintendent, the application shall be deemed

to have been granted a conditional approval

pursuant to Section 6.b., above. Provided,

however, the Park District may extend the period

of review for an additional fourteen days by

issuance of a written notice of extension. If, prior

to the expiration of the extended review period,

no written denial is issued, the application for

permit shall be deemed to have been granted a

conditional approval pursuant to Section 6.b.,

above.

Notice of Extended Review or Denial or Issuance

of Permit.

Written notice of denial or notice of extension

shall be served on the applicant by personal

delivery, or by deposit in United States mail, with

proper postage prepaid, to the name and address

set forth on the application for permit.

145

Contents of Notice; Grounds for Denial.

Notice of denial of an application for permit shall

clearly set forth the grounds upon which the

permit was denied and, where feasible, shall

contain a proposal by the Park District for

measures by which the applicant may cure any

defects in the application for permit or otherwise

procure a permit. Where an application or permit

has been denied because a fully executed prior

application for the same time and place has been

received, and a permit has been or will be

granted to the prior applicant authorizing uses or

activities which do not reasonably permit

multiple occupancy of the particular area, the

Park District shall propose an alternative place, if

available for the same time, or an alternative

time, if available for the same place.

To the extent permitted by law, the Park District

may deny an application for permit if the

applicant or the person on whose behalf the

application for permit was made has on prior

occasions made material misrepresentations

regarding the nature or scope of an event or

activity previously permitted or has violated the

terms of prior permits issued to or on behalf of

the applicant. The Park District may also deny an

application for permit on any of the following

grounds:

(1) _ the application for permit (including any

required attachments and submissions) is

not

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.