Joint Appendix — Thomas v. Chicago Park Dist.
Supreme Court brief2002
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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
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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
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STATEOP ELMO 8)
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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}
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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
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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
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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
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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.
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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.
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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)
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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).
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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.
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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,
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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
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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
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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.
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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.
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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
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