# Joint Appendix — Thomas v. Chicago Park Dist. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0449%3A05 ## Record - **Collection:** Supreme Court brief - **Document type:** Joint Appendix - **Published:** January 1, 2002 - **Citation:** 534 U.S. 316 ## Text ( ) — Supmeme Com 0] “~ No. 00-1249 © » on In the ot HO Supreme Court of the Gnited States CAREN CRONK THOMAS and WINDY CITY HEMP DEVELOPMENT BOARD, Petitioners, vs. CHICAGO PARK DISTRICT, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit JOINT APPENDIX RICHARD L. WILSON STEVEN A. WEISS Counsel of Record Counsel of Record 3610 Dubsdread Circle ScCHOPF & WEISS Orlando, Florida 32804 312 West Randolph Street (407) 649-9225 Suite 300 Chicago, Illinois 60606 WAYNE B. GIAMPIETRO (312) 701-9311 MICHAEL J. MERRICK WITWER, POLTROCK Attorney for Respondent & GIAMPIETRO 125 S. Wacker Drive Suite 2700 Chicago, Illinois 60606 (312) 332-6000 Attorneys for Petitioners PETITION FOR CERTIORARI FILED JANUARY 30, 2001 CERTIORARI GRANTED MAY 239, 2001 CONTENTS OF JOINT APPENDIX Exhibit D to Complaint Exhibit E to Complaint Exhibit F to Complaint. Exhibit G to Complaint Chicago Park District Ordinance on Use of Parks As Amended l US. District Court Northern District of Illinois (Chicago) CIVIL DOCKET FOR CASE #: 97-CV-2963 MacDonald v. Chgo Pk Dist | Filed: 04/25/97 Assigned to: Hon. George M. Marovich Demand: $0,000 Nature of Suit: 440 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None -_ cece a Et ee Cause: 42:1983 Civil Rights Act ROBERT MACDONALD __ Gregory Nathan Freerksen plaintiff Wayne B. Giampietro Witwer, Poltrock & Giampietro 125 South Wacker Drive Suite 2700 Chicago, IL 60606 (312) 332-6000 Richard J. Wilson Attorney at Law 3610 Dubsdred Circle Orlando, FL 32004 (407) 649-9225 2 y. CHICAGO PARK DISTRICT, a body political and corporate, Steven A. Weiss Kevin Thomas Kerns Schopf & Weiss 312 Wett Randolph Street Suite 300 Chicago,IL 60606-1721 (312) 701-9300 defendant Docket as of November 20, 2000 10:34 pm Proceedings include all events. TERMED 1:97cv2963 MacDonald v. Chgo Pk Dist KEYS COMPLAINT - Civil cover sheet - (s) of Richard J. Wilson, Wayne B. Giampietro, Gregory Nathan Freerksen as attorney(s) for Robert MacDonald ( and one copy of summons(es) issued.) ( Documents: 1-1 through 1-3) (ar) [Entry date 04/29/97] RECEIPT regarding payment of filing fee paid; on 4/25/97 in the amount of $ 150.00, receipt # 492102. (ar) [Entry date 04/29/97] 4/25/97 1 4/25/97 -- 4/25/97 2 4/25/97 3 4/29/97 4 3/2/97 5/2/97 5/2/97 5/2/97 5 6 7 3 EMERGENCY APPLICATION by plaintiff for preliminary injunction; Notice of motion (ar) (Entry date 05/01/97] MEMORANDUM of law by plaintiff in support of emergency application for preliminary injunction [2-1] (ar) [Entry date 05/01/97] ATTORNEY APPEARANCE for Chgo Pk Dist by Steven A. Weiss, Kevin Thomas Kerns (ar) [Entry date 05/01/97} VERIFIED ANSWER by Chgo Pk Dist and affirmative defenses; Notice of filing (ar) [Entry date 05/06/97] MOTION by defendant to strike or deny plaintiff's emergency motion for preliminary injunction or to compel deposition (Attachments); Notice of motion (ar) [Entry date 05/06/97] WITNESS list by defendant; Notice of filing (ar) {Entry date 05/06/97] ORAL MOTION by defendant to file their response to plaintiffs emergency application for preliminary 5/2/97 8 5/5/97 10 4 injunction in excess of 15 page, but limited to 25 pages (ar) [Entry date 05/06/97] MINUTE ORDER of 5/2/97 by Hon. Arlander Keys : Defendant's motion to strike [6-1] or deny plaintiffs emergency motion for preliminary injunction [6-2] or to compel deposition [6-3] is granted in part and denied in part. Plaintiff is to be made available for deposition of 05/05/97 at 10:00 am. Defendant's response to plaintiff's emergency application [2-1] for preliminary injunction is due 5/5/97 and hearing on said motion [2-1] is set for 05/06/97 at 9:00 am. Both parties are to submit their witness lists no later than 05/02/97. Oral motion by defendant to file their response to plaintiff's emergency application for preliminary in excess of 15 pages, but limited to 25 pages [0-1] is granted. Mailed notice (ar) [Entry date 05/06/97] MEMORANDUM by defendant in opposition to motion for preliminary injunction [2-1]; Notice of filing (ar) {Entry date 05/08/97] 5/6/97 -- 5/6/97 9 5/6/97 11 5/6/97 12 5/6/97 13 5 SCHEDULE set on 5/6/97 by Hon. George M. Marovich : Status hearing set for 6/17/97 at 9:30 am Mailed notice (js) (Entry date 05/06/97] MINUTE ORDER of 5/6/97 by Hon. Arlander Keys : Hearing on plaintiff's emergency application for (2-1) held a nev be made by mail. — Plaintiff's motion to admit Richard Wilson, 3610 Dubsdread Circle, Orlando, Florida 32004, pro hac vice is granted. Mailed notice (ar) [Entry date 05/08/97] [Edit date 05/08/97] STIPULATION by plaintiff regarding user fee, security deposit and insurance requirements of the Chicago Park District; Notice of filing (ar) [En date 05/08/97] : — MOTION by plaintiff to admit counsel pro hac vice (ar) {Entry date 05/08/97] AFFIDAVIT of Richard L. Wilson regarding plaintiffs motion ~ — counsel pro hac vice [12-1] ar {Entry date 05/08/97] 5/7/97 14 5/8/97 - 5/9/97 15 5/9/97 16 6 REFERRAL ORDER of 05/06/97: Referring to Hon. Arlander - Keys pursuant to General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: to perform such additional duties as are not inconsistent with the Constitution and laws of the United States, specifically, prepare a report and recommendation on plaintiffs emergency motion for preliminary injunction [2-1]. (For further detail see order.) Mailed notice (ar) [Entry date 05/12/97] MAILED Rule 3.12 instruction and pro hac vice form to Richard J. Wilson together with copy of minute order dated 05/06/97 [9-1] (ar) [Entry date 05/08/97] REPORT AND RECOMMENDATION regarding plaintiff's emergency application for preliminary injunction [2-1] (ar) [Entry date 05/12/97] MINUTE ORDER of 5/9/97 by Hon. Arlander Keys : Report and Recommendation regarding plaintiffs emergency application for preliminary injunction [2-1], pursuant to Federal Rule 5/21/97 -- 5/23/97 17 5/28/97 -- 5/28/97 18 7 of Civil Procedure 65, is hereby submitted to Judge Marovich. All matters relating to the referral of this action having been resolved, the case is returned to the assigned District Judge. Terminating case referral. Mailed notice (ar) [Entry date 05/12/97] SCHEDULE set on 5/21/97 by Hon. George M. Marovich : Status hearing date of June 17, 1997 is reset to 7/1/97 at 9:30 am. Mailed notice (js) [Entry date 05/21/97] SECOND APPLICATION by plaintiff for preliminary injunction ; Notice of motion (eav) (Entry date 05/30/97] SCHEDULE set on 5/28/97 by Hon. Arlander Keys : Status hearing set to 9:00 5/29/97. Telephoned notice (vkd) (Entry date 05/28/97] MINUTE ORDER of 5/28/97 by Hon. George M. Marovich : Plaintiff's second application for preliminary injunction is referred to the magistrate judge for a report and recommendation [17-1], [2-1] Telephoned notice (eav) 2s. hls gina eid 5/29/97 19 5/30/97 20 5/30/97 21 8 (Entry date 05/30/97] MINUTE ORDER of 5/29/97 by Hon. Arlander Keys : Status hearing held and continued to - 07/14/97 at 9:00 a.m. Plaintiff to file its memorandum in support of its second application for preliminary injunction by 06/12/97. Defendant's response due 06/27/97. [17-1], [2-1] Reply, if any, due by 07/07/97. No notice (eav) [Entry date 05/30/97] REFERRAL ORDER of 05/28/97: Case referred to Magistrate Judge Arlander Keys pursuant to local General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Perform such additional duties as are not inconsistent with the Constitution and laws of the United States, Prepare a report and recommendation on plaintiff's second application for a preliminary injunction. (For further details see order.) Mailed notice (eav) [Entry date 06/02/97] MINUTE ORDER of 5/30/97 by Hon. George M. Marovich : No objections having been filed to the ee ee 6/12/97 22 6/13/97 23 6/13/97 24 9 magistrate judge's report and recommendation of 05/09/97, the court hereby adopts the magistrate-judge's report and recommendation. Plaintiffs emergency application for preliminary injunction is denied. [2-1] Status hearing date of 06/17/97 is stricken pending disposition of the second motion for preliminary injunction. Mailed notice (eav) [Entry date 06/03/97] MOTION by plaintiff for leave to file memorandum in excess | of fifteen pages ; Notice of motion (eav) [Entry date 06/16/97] MINUTE ORDER of 6/13/97 by Hon. Arlander Keys: Plaintiff's motion for leave to file memorandum in excess of fifteen pages is granted. [22-1] Plaintiff's supplemental memorandum of law in support of amended second application for preliminary injunction is not to exceed twenty-five pages. Defendant's response is not to exceed twenty-five pages. Mailed notice (eav) (Entry date 06/16/97] SUPPLEMENTAL MEMORANDUM by plaintiff of law in support of 7/1/97 25 7/2/97 26 7/2/97 27 7/3/97 28 7/11/97 29 10 amended second application for preliminary injunction (Exhibits) (eav) [Entry date 06/16/97] JOINT EMERGENCY MOTION by plaintiff, defendant to reset briefing schedule (Attachments); Emergency notice of motion (eav) [Entry date 07/03/97] 7/14/97 -- CONSENT to exercise of jurisdiction 7/14/97 30 by a United States Magistrate to hear motion for preliminary injunction by plaintiff, defendant (eav) [Entry date 07/03/97] MINUTE ORDER of 7/2/97 by Hon. Arlander Keys : Jo*nt emergency motion to reset briefing schedule is granted. [25-1] Defendant's response to plaintiff's second motion for preliminary injunction is due by close of business on 7/3/97. [17-1] Reply is due 7/11/97. Mailed notice (eav) [Entry date 07/03/97] 7/17/97 31 MEMORANDUM by defendant in 7/21/97 32 opposition to second motion for | preliminary injunction [17-1] (Attachments); Notice of filing (eav) [Entry date 07/07/97] OO me han REPLY memorandum of law by ll plaintiff Robert MacDonald in support of amended second application for preliminary injunction [17-1] (Attachment); Notice of filing (cmf) [Entry date 07/14/97] ORAL MOTION by defendant for leave to file a sur-reply (eav) [Entry date 07/16/97] MINUTE ORDER of 7/14/97 by Hon. Arlander Keys : Status hearing held. Over plaintiff's objection, defendant's oral motion [0-1] for leave to file a sur-reply to plaintiffs amended second application for preliminary injunction [17-1] by 7/17/97 is granted. Hearing on plaintiff's application [17-1] set for 7/21/97 at 10:00 a.m. No notice (eav) [Entry date 07/16/97] SUR-REPLY by defendant in Opposition to second motion for preliminary injunction [17-1]; Notice of filing (eav) [Entry date 07/18/97] MINUTE ORDER of 7/21/97 by Hon. Arlander Keys : Hearing held and concluded on plaintiff's amended second application for preliminary injunction [17-1]. Said motion is taken under advisement. Ruling to yk a ae ae. ee? on ae taint GA oath . 4 as “ 7/23/97 33 7/25/97 34 8/14/97 35 8/15/97 36 8/15/97 37 8/15/97 38 8/15/97 -- 12 be made by mail. No notice (eav) [Entry date 07/22/97] TRANSCRIPT of proceedings for the following date(s): 5/2/97 Before Honorable Arlander Keys (eav) [Entry date 07/24/97] STIPULATION of facts (Exhibits); Notice of filing (eav) [Entry date 07/28/97) TRANSCRIPT of proceedings for the following date(s): 05/29/97 before Honorable Arlander Keys (nin) [Entry date 08/14/97] MEMORANDUM, OPINION, AND ORDER (vkd) [Entry date 08/15/97] PRELIMINARY INJUNCTION ORDER (vkd) [Entry date 08/15/97] MINUTE ORDER of 8/15/97 by Hon. Arlander Keys: Enter memorandum opinion and order. Plaintiffs Second Application for Preliminary Injunction [17-1] is granted in part and denied in part. Enter Preliminary Injunction Order. (For further detail see order). No notice (vkd) [Entry date 08/15/97] [Edit date 08/18/97] SCHEDULE set on 8/15/97 by Hon. 8/15/97 39 8/15/97 40 8/15/97 41 13 Arlander Keys : Status hearing set for 8/19/97 at 10:30 a.m. No notice (vkd) [Entry date 08/15/97] NOTICE of posting bond by plaintiff (nln) [Entry date 08/18/97] EMERGENCY MOTION by defendant reconsider the preliminary injunction order entered by the court on 08/15/97 and amend the preliminary injunction order entered by this court on 08/15/97 and for stay pending appeal; Emergency notice of motion (nln) [Entry date 08/18/97] MINUTE ORDER of 8/15/97 by Hon. Arlander Keys : Defendant's emergency motion to reconsider the preliminary injunction order entered by the court on 08/15/97 [40-1], amend the preliminary injunction order entered by this court on 08/15/97 [40-2] and for Stay pending appeal is denied pursuant to discussions held in open court [40-3]. The defendant will submit to the court by close of business 08/18/97 amemorandum discussing its concerns regarding the handling of future applications for permits. Mailed notice 8/15/97 43 - 8/18/97 42 8/19/97 44 8/19/97 -- 8/19/97 8/19/97 45 8/19/97 46 14 (nln) [Entry date 08/18/97] NOTICE OF APPEAL by defendant from motion minute order [38-1], from order [37-1], from order [36-1] ( $105.00 Paid) (cmf) (Entry date 08/19/97] [Edit date 08/19/97] SUPPLEMENT by defendant (Attachments) (nln) [Entry date 08/19/97] LETTER regarding docketing statement acknowledged by defendant. (cmf) [Entry date 08/19/97] TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (cmf) [Entry date 08/19/97] SCHEDULE set on 8/19/97 by Hon. Arlander Keys : Status hearing held and continued to 8/20/97 at 10:00 a.m. No notice (vkd) [Entry date 08/19/97] RESPONSE by plaintiff to emergency motion to reconsider and amend; Notice of filing (nin) (Entry date 08/19/97] PRELIMINARY INJUNCTION ORDER (ip) (Entry date 08/19/97] 8/19/97 47 8/20/97 -- 8/21/97 48 8/21/97 49 8/21/97 50 8/21/97 51 8/21/97 52 15 MINUTE ORDER of 8/19/97 by Hon. Arlander Keys: Enter preliminary injunction order to amend and revise preliminary injunction order entered on 8/15/97. No notice (ip) [Entry date 08/19/97] SCHEDULE set on 8/20/97 by Hon. Arlander Keys : Status hearing stricken. Telephoned notice (vkd) [Entry date 08/20/97] EMERGENCY MOTION by defendant Chgo Pk Dist for stay pending appeal; Notice of Motion (vkd)Entry date 08/21/97] ORDER (vkd) [Entry date 08/21/97] MINUTE ORDER of 8/21/97 by Hon. Arlander Keys :Defendant Chicago Park District's Emergency Motion for Stay Pending Appeal [48-1] is denied. Enter Order. (For further detail see order). Mailed notice (vkd) (Entry date 08/21/97} ORDER (Exhibits). (vkd) [Entry date 08/21/97] MINUTE ORDER of 8/21/97 by Hon. Arlander Keys : Enter Order. (For further detail see order).Mailed notice (vkd) Entry date 08/21/97] 8/21/97 54 8/21/97 53 8/21/97 54 8/25/97 55 8/26/97 -- 8/26/97 56 8/29/97 57 16 ACKNOWLEDGMENT of receipt of short record on appeal USCA 97-3106 (Attachment) (ar) [Entry date 08/22/97] NOTICE OF APPEAL by defendant Chgo Pk Dist from motion minute order [47-1], from order [46-1], from motion minute order [38-1], from order [37-1], from order [36-1] $105.00 PAID) (da) [Entry date 08/26/97] DOCKETING STATEMENT by defendant Chgo Pk Dist regarding appeal [53-1] . (da) [Entry date 08/26/97] SEVENTH CIRCUIT transcript information sheet by defendant (eav) [Entry date 08/26/97] TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (da) [Entry date 08/26/97] LIST OF TRIAL EXHIBITS by defendant (Exhibits); Notice of filing (eav) [Entry date 08/27/97] TRANSCRIPT of proceedings for the following date(s): 8/19/97 Before Honorable Arlander Keys (eav) [Entry date 09/02/97] 8/29/97 58 8/29/97 59 8/29/97 60 9/2/97 -- 9/8/97 61 9/9/97 -- 17 ACKNOWLEDGMENT of receipt of short record on appeal USCA 97-3162 (Attachments) (eav) [Entry date 09/02/97] CERTIFIED copy of Order from the 7th Circuit. ( 97-3162) (eav) [Entry date 09/02/97] _ CERTIFIED copy of Order from the 7th Circuit. (97-3162) (eav) [Entry date 09/02/97] TRANSMITTED to the 7th Circuit the long record on appeal no. 97-3106 & 97-3162 consisting two volumes of pleadings, three volumes of transcripts (item # 33, 35 & 57) of Mailed notice to all counsel. (da) [Entry date 09/02/97] TRANSCRIPT of proceedings for the following date(s): 5/6/97, 7/21/97, 8/15/97 Before Honorable Arlander Keys (4 Vols.: 61-1 through 61-4) (eav) {Entry date 09/09/97] TRANSMITTED to the 7th Circuit supplement to appeal no. 97-3162 consisting of four volumes of transcripts. Documents 61. Mailed notice to all counsel. (eav) [Entry date 09/09/97] 12/17/97 62 12/18/97 -- 1/16/98 63 1/23/98 64 1/23/98 65 18 TRANSCRIPT of proceedings for the following date(s): 7/21/97, Before Honorable Arlander Keys (one volume) (eav) [Entry date 12/18/97] TRANSMITTED on 12/18/97: to the 7th Circuit supplement to appeal no. 97-3106 and 97-3162 consisting of one transcript, document number 62. Mailed notice to all counsel. (eav) [Entry date 12/18/97] CERTIFIED copy of Order from the 7th Circuit. It is hereby ordered that the petition for rehearing with suggestions for rehearing én banc be, and the same is, hereby Denied. (97-3106 & 97-3162) (eav) [Entry date 01/20/98] OPINION from the 7th Circuit: Argued 10/9/97; Decided 12/12/97. (97-3106 & 97-3162) (eav) [Entry date 01/23/98] CERTIFIED COPY of order from the 7th Circuit: The preliminary injunction issued by the District Court is vacated, in accordance with the decision of this court entered on this date. The Chicago Park District shall recover its costs. [53-1], [43-1] (97-3106 & 97-3162) 1/23/98 66 1/23/98 67 1/27/98 68 2/3/98 69 2/5/98 70 19 (eav) [Entry date 01/23/98] BILL OF COSTS submitted by U.S. Court of Appeals. Appeal nos. 97-3106 & 97-3162 (eav) {Entry date 01/23/98] LETTER from the 7th Circuit returning the record on appeal no. 97-3106 & 97-3162 consisting of two volumes of pleadings and eight volumes of transcript (eav) {Entry date 01/23/98] BILL OF COSTS submitted by defendant-appellant (Exhibits); Notice of filing (eav) [Entry date 01/28/98] MOTION by plaintiff for second preliminary injunction and motion to consolidate the trial with the hearing on this motion (Exhibits); Notice of motion (eav) [Entry date 02/06/98] MINUTE ORDER of 2/5/98 by Hon. George M. Marovich: Pursuant to USCA 7th Circuit order docketed on 1/23/98: Costs are taxed in favor of defendant Chicago Park District in the amount of $1,569.00. Mailed notice (eav) {Entry date 02/06/98] 2/6/98 71 2/6/98 72 2/6/98 -- 2/6/98 73 20 MINUTE ORDER of 2/6/98 by Hon. George M. Marovich : Plaintiff's motion for a second preliminary injunction is referred to the designated magistrate-judge for a report and recommendation. [69-1] Plaintiffs motion to consolidate the trial with the hearing on the motion for a second preliminary injunction is denied. [69-2] Telephoned notice (eav) [Entry date 02/06/98} MEMORANDUM by plaintiff in support of second motion for preliminary injunction and motion to consolidate the trial with the hearing on this motion [69-1] (eav) [Entry date 02/09/98] ORAL MOTION by plaintiff to correct the event dates in its motion for second preliminary injunction to read 5/9/98 and 5/10/98 (eav) [Entry date 02/09/98] MINUTE ORDER of 2/6/98 by Hon. Arlander Keys : Plaintiffs oral motion to correct the event dates in its motion for second preliminary injunction to read 5/9/98 and 5/10/98 is granted. [0-1] Defendant's cross-motion is to be filed by 3/6/98. Plaintiff's reply is due 3/16/98. [69-1] Status - 2/11/98 74 2/23/98 75_ 21 hearing set for 3/23/98 at 9:00 a.m. Mailed notice (eav) (Entry date 02/09/98] REFERRAL ORDER of 2/6/98: Case referred to Magistrate Judge Arlander Keys pursuant to local General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Conduct necessary proceedings and enter Order/Report and Recommendation on all nondispositive pretrial motions through filing of pretria! materials including final pretrial order, prepare a report and recommendation on plaintiff's motion for a second preliminary injunction. (For further detail order.) Mailed notice (eav) [Entry date 02/12/98} MINUTE ORDER of 2/23/98 by Hon. Arlander Keys: Status hearing held. Cross-motions for summary judgment with Rule 12(m) statements due 3/6/98. Responses due 3/16/98. Replies are due 3/20/98. Parties are given leave to file their briefs in excess of 15 pages but they are not to exceed 21 pages. Status hearing set for 3/23/98 at 9:00 a.m. to stand. Mailed notice (eav) [Entry date 02/24/98] . 3/3/98 3/6/98 3/6/98 3/6/98 3/6/98 3/6/98 76 77 78 79 80 81 22 MOTION by plaintiff for leave to file instanter his amended memorandum in support of second motion for preliminary injunction; Notice of motion (dcap) [Entry date 03/09/98] AMENDED MEMORANDUM by plaintiff in support of second motion for preliminary injunction [17-1] (dcap) [Entry date 03/09/98] MINUTE ORDER of 3/6/98 by Hon. Arlander Keys : Plaintiffs motion for leave to file instanter his amended memorandum in support of second motion for preliminary injunction is granted [76-1] Mailed notice (dcap) [Entry date 03/09/98] MOTION by defendant for summary judgment on plaintiff's facial challenge; Notice of filing (dcap) [Entry date 03/09/98] MEMORANDUM by defendant in support of motion for summary judgment on plaintiff's facial challenge [79-1]; Notice of filing (dcap) [Entry date 03/09/98] RULE 12 Statement by defendant in support of motion for summary judgment (Attachments); Notice of filing (dcap) 3/6/98 82 3/6/98 83 3/6/98 84 3/11/98 85 3/13/98 86 3/30/98 87 23 [Entry date 03/09/98] MOTION by plaintiff for summary judgment (dcap) [Entry date 03/09/98] MEMORANDUM of law by plaintiff in support of motion for summary judgment [82-1] (Attachment) (dcap) [Entry date 03/09/98] RULE 12 Statement by plaintiff of uncontested facts (Exhibits); Notice of filing (dcap) [Entry date 03/09/98] MOTION by defendant to enlarge and combine briefing schedule ; Notice of motion (eav) [Entry date 03/16/98] MINUTE ORDER of 3/13/98 by Hon. Arlander Keys: Defendant's motion to enlarge and combine briefing schedule is granted. [85-1] Defendant is to file a supplemental motion for summary judgment on the _ as-applied challenge and respond to plaintiff's facial/as-applied motions by 3/30/98. Status hearing set for 3/23/98 at 9:00 a.m. is stricken. Mailed notice (eav) [Entry date 03/16/98] MEMORANDUM by defendant in 3/30/98 88 3/30/98 89 3/30/98 90 4/7/98 91 4/7/98 95 24 opposition to MacDonald's third motion for preliminary injunction and [69-1] MacDonald's motion for summary judgment [82-1] (Attachments); Notice of filing (eav) [Entry date 03/31/98} MOTION by defendant for summary judgment on plaintiff's as applied challenge ; Notice of filing (eav) [Entry date 03/31/98] MEMORANDUM by defendant in support of motion for summary judgment on plaintiff's as applied challenge [88-1] (Attachments); Notice of filing (eav) [Entry date 03/31/98] RULE 12(n) Statement on MacDonald's motion for partial summary judgment by defendant (Attachments); Notice of filing (eav) (Entry date 03/31/98) MEMORANDUM by defendant in support of motion for involuntary dismissal due to plaintiffs nonpayment of costs (Attachments); Notice of filing (ip) [Entry date 04/08/98] MOTION by plaintiff for involuntary dismissal due to plaintiff's nonpayment of costs; Notice of motion (eav) [Entry date 04/15/98] 4/8/98 92 4/9/98 93 4/10/98 94 4/13/98 96 4/14/98 97 25 REFERRAL ORDER of 4/7/98: Case referred to Magistrate Judge Hon. Arlander Keys pursuant to local General Rule 2.41(b) to conduct hearings and _ enter appropriate orders on the following pretrial motion/matter: Conduct necessary pr ceedings and issue Report and Recommendation on dispositive motion specified: Prepare areport and recommendation on the cross motions for summary judgment. (For further details see order.) Mailed notice (eav) [Entry date 04/09/98] RESPONSE by plaintiff to defendant's motion for involuntary dismissal (Exhibits); Notice of filing (eav) [Entry date 04/10/98] TRANSCRIPT of proceedings for t’.> following date(s): 2/23/98 Before Honorable Arlander Keys (eav) MOTION by defendant for leave to file instanter amended memorandum in support of its motion for involuntary dismissal due to nonpayment of costs (Attachments); Notice of motion (eav) [Entry date 04/15/98] AMENDED by defendant 4/14/98 98 4/16/98 99 4/27/98 100 4/27/98 101 26 memorandum in support of motion for involuntary dismissal due to plaintiffs nonpayment of costs [91-1] (Attachments); Notice of filing (eav) [Entry date 04/15/98] MINUTE ORDER of 4/14/98 by Hon. George M. Marovich : Defendant's motion for involuntary dismissal is denied. [95-1] Plaintiff is given to 6/15/98 to pay appellate costs of $1,569.00. Defendant's motion for leave to file an amended brief is granted. [96-1] No notice (eav) [Entry date 04/15/98] TRANSCRIPT of proceedings for the following date(s): 3/13/98 Before Honorable Ariander Keys (eav) [Entry date 04/17/98] REPORT AND RECOMMENDATION concerning motion for second preliminary injunction [69-1] (eav) [Entry date 04/28/98] MINUTE ORDER of 4/27/98 by Hon. Arlander Keys : Report and Recommendation regarding plaintiffs motion for second preliminary injunction [69-1], Defendant's motion for summary judgment on plaintiff's facial challenge [79-1], Plaintiff's motion for summary judgment [82-1] and 3/22/99 132 3/25/99 133 3/29/99 134 3/29/99 135 27 granted in part. [82-1] This court also recommends that defendant's motion for summary judgment be denied. [79-1], [88-1] All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. (Terminating the case referral to Hon. Arlander Keys ). motion to strike defendant's references to materials outside of the summary judgment record [109-1] Distributed notices by judge's staff/picked up. (eav) Entry date 03/09/99] OBJECTIONS by defendant to Report and Recommendation granting partial summary judgment (Attachments) (eav) [Entry date 03/23/99] RESPONSE by plaintiff to defendant's objections to Magistrate's Report and Recommendation; Notice of filing (eav) [Entry date 03/26/99] MEMORANDUM, OPINION, AND ORDER (eav) [Entry date 03/30/99] MINUTE ORDER of 3/29/99 by Hon. George M. Marovich : Pursuant to memorandum opinion and order entered this day, defendant park District's motion for summary judgment is granted and 4/28/98 103 4/29/98 102 4/30/98 104 28 Defendant's motion for summary judgment on plaintiffs as applied challenge [88-1] is hereby submitted to Judge Marovich. All matters relating to the referral of this - action having been resolved, the case is returned to the assigned judge. terminating case referral to Hon. Arlander Keys. Mailed notice (eav) [Entry date 04/28/98] MOTION by plaintiff to shorten time within which defendant may respond to plaintiff's objections to the Magistrate Judge's Report and Recommendation that plaintiffs motion for second injunction be denied; Notice of motion (eav) [Entry date 05/01/98) RESPONSE by defendant to plaintiffs motion to shorten time to respond to objections; Notice of filing (eav) [Entry date 04/30/98] MINUTE ORDER of 4/30/98 by Hon. George.M. Marovich : Plaintiffs motion to shorten time to file objections is denied. [103-1] Objections to the magistrate-judge's report and recommendation are to be filed by 5/14/98. Response is to be filed by 5/21/98. Court will rule by mail. No notice (eav) [Entry date 05/01/98] 5/11/98 105 5/14/98 106 5/21/98 107 5/21/98 108 5/26/98 109 5/28/98 110 29 OBJECTIONS by defendant to Portion of 4/27/98 Report and Recommendation [100-1] (Exhibit); Notice of filing (eav) [Entry date 05/12/98] OBJECTIONS by plaintiff to the Magistrate Judge's 4/27/98 Report and Recommendation [100-1] (Exhibit); Notice of filing (eav) [Entry date 05/15/98] REPLY by plaintiff to the Chicago Park District's objections to portion of 4/27/98 Report & Recommendation [105-1]; Notice of filing (eav) (Entry date 05/22/98] RESPONSE by defendant to plaintiffs objections to Magistrate Judge's 4/27/98 Report & Recommendation; Notice of filing (eav) [Entry date 05/22/98} MOTION by plaintiff to strike defendant's references to materials outside of the summary judgment record (Attachments); Notice of motion (eav) [Entry date 05/29/98] RESPONSE by defendant to plaintiffs motion to strike defendant's references outside the summary judgment record [109-1] (Exhibit); Notice of filing (eav) [Entry date 05/29/98] 5/28/98 111 6/1/98 112 6/19/98 113 6/25/98 114 7/1/98 115 30 MINUTE ORDER of 5/28/98 by Hon. George M. Marovich : Plaintiffs motion to strike [109-1] is taken under advisement. Telephoned notice (eav) [Entry date 05/29/98] REPLY by plaintiff to defendant's response to plaintiffs motion to strike [110-1]; Notice of filing (eav) [Entry date 06/02/98] TRANSCRIPT of proceedings for the following date(s): 4/30/98 Before Honorable George M. Marovich (eav) [Entry date 06/22/98} TRANSCRIPT of proceedings for the following date(s): 2/6/98 Before Honorable Arlander Keys (eav) (Entry date 06/25/98] MINUTE ORDER of 7/1/98 by Hon. George M. Marovich : The court adopts the Magistrate-Judge's report and recommendation in its entirety concerning the second preliminary injunction and the partial motion for summary judgment on the "as applied" challenge to the ordinance. The issue of the “facial” challenge to the constitutionality of the ordinance is remanded to the magistrate-judge for further 8/5/98 -- 8/11/98 116 8/17/98 9/15/98 -- 31 development and an amended report and recommendation. [69-1], [69-2] (See reverse of minute order.) Mailed notice (eav) (Entry date 07/02/98] SCHEDULE set on 8/5/98 by Hon. Arlander Keys : Status hearing set for 8/17/98 at 9:00 a.m. Mailed notice (vkd) REFERRAL ORDER of 8/7/98: The case is referred to the Magistrate Judge Arlander Keys pursuant to Local General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Perform such additional duties as are not inconsistent with the Constitution and laws of the United States, as specifically prepare an amended report and recommendation on the facial challenge issue as outlined in this court's order dated 7/1/98. (For further detail see order.) Mailed notice (eav) [Entry date 08/11/98] SCHEDULE set on 8/17/98 by Hon. Arlander Keys : Status hearing held and continued to 9/18/98 at 9:00 a.m. No notice (vkd) [Entry date 08/18/98} SCHEDULE set on 9/15/98 by Hon. 9/22/98 117 9/23/98 119 9/24/98 118 9/30/98 -- 32 Arlander Keys : Pursuant to a request by Plaintiffs counsel, status hearing reset to 9/30/98 at 9:00 a.m. Mailed notice (vkd) [Entry date 09/15/98] MOTION by plaintiff to extend time to pay interlocutory costs ; Notice of motion (eav) [Entry date 09/25/98] MEMORANDUM by defendant in opposition to plaintiffs motion to extend time to pay interlocutory costs; Notice of filing (eav) [Entry date 09/25/98] MINUTE ORDER of 9/24/98 by Hon. George M. Marovich: Plaintiffs motion to extend time to pay the costs of appeal is granted in part. [117-1] Plaintiff is given to 10/2/98 to pay the appeal costs. Final extension. Plaintiff is advised that failure to comply with this order will result in sanctions not excluding dismissal of this action. Mailed notice (eav) [Entry date 09/25/98] SCHEDULE set on 9/30/98 by Hon. Arlander Keys : Status hearing held. Parties will file Rule 12(m) statements and briefs by 10/21/98. Cross Rule 12(n) statements to be filed by 11/12/98. Mailed notice (vkd) [Entry date 09/30/98) 10/21/98 120 10/21/98 121 10/21/98 122 10/21/98 123 10/21/98 124 11/12/98 125 11/12/98 126 33 SUPPLEMENT by plaintiff to motion for summary judgment [82-1] (rm) [Entry date 10/22/98} MEMORANDUM by plaintiff in support of supplement to motion for summary judgment [120-1] (rm) [Entry date 10/22/98] SUPPLEMENTAL statement of uncontested facts by plaintiff [84-1] (Attachments); Notice of filing (rm) (Entry date 10/22/98] SUPPLEMENTAL RULE 12(M) statement in support of motion for summary judgment by Chgo Pk Dist regarding statement [90-1] (Attachment); Notice of filing (rm) [Entry date 10/22/98} SUPPLEMENTAL MEMORANDUM on cross motion for summary judgment by Chgo Pk Dist (Attachments); Notice of filing (rm) [Entry date 10/22/98] LOCAL RULE 12(N) RESPONSE by plaintiff to defendant's supplemental Rule 12(M) statement; Notice of filing (eav) [Entry date 11/12/98] REPLY by plaintiff memorandum in support of supplement to motion for summary judgment [121-1] (eav) 11/12/98 127 11/12/98 128 3/8/99 129 3/8/99 130 3/8/99 131 34 [Entry date 11/12/98] SUPPLEMENTAL REPLY MEMORANDUM by defendant on cross motions for summary judgment; Notice of filing (eav) [Entry date 11/13/98] SUPPLEMENTAL RULE 12(N) Statement on MacDonald's motion for partial summary judgment by defendant (Attachments) (eav) Entry date 11/13/98] MINUTE ORDER of 3/8/99 by Hon. George M. Marovich : Any objections to the Magistrate's Report and Recommendation are to be filed by 3/22/99. Responses are to be filed by 3/25/99. Court will rule by mail. Mailed notice (eav) [Entry date 03/09/99] REPORT AND RECOMMENDATION concerning motion for summary judgment [88-1], [82-1], [79-1] (eav) [Entry date 03/09/99] MINUTE ORDER of 3/8/99 by Hon. Arlander Keys : Report and Recommendation regarding the parties’ cross-motions for summary judgment is hereby submitted to Judge Marovich. This Court recommends that plaintiff's motion for summary judgment be 3/29/99 136 4/1/99 137 4/1/99 138 4/6/99 -- 4/8/99 140 4/9/99 139 4/14/99 141 35 plaindffs motion for summary judgment is denied, terminating case Mailed notice (eav) [Entry date 03/30/99] ENTERED JUDGMENT (eav) (Entry date 03/30/99) NOTICE OF APPEAL by plaintiff from judgment entered [136-1], from motion minute order [135-2], from order [134-1] ( $105.00 Paid) (da) [Entry date 04/06/99] DOCKETING STATEMENT by plaintiff regarding appeal [137-1] . (da) [Entry date 04/06/99] TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (da) {Entry date 04/06/99] SEVENTH CIRCUIT transcript information sheet by Robert MacDonald (jmp) [Entry date 04/13/99] ACKNOWLEDGMENT of receipt of short record on appeal USCA 99-1811 (eav) [Entry date 04/12/99] TRANSCRIPT of proceedings for the following date(s): 9/30/98 Before Honorable Arlander 4/21/99 -- 7/1/99 142 11/8700 143 11/17/00 144 36 Keys (eav) [Entry date 04/14/99] TRANSMITTED to the 7th Circuit the long record on appeal no. 99-1811 consisting of five volumes of pleadings with thirteen volumes of transcripts of proceeding and one volume of exhibits transmitted under separate certificate. Mailed notice to all counsel. (pp) (Entry date 04/21/99] NOTICE by defendant Chgo Pk Dist of attorneys Steven A. Weiss and Kevin T. Kerns of change of address (eav) [Entry date 07/02/99) CERTIFIED copy of Order dated 11/07/00 from the 7th Circuit. All the judges on the original panel have voted to deny the petition, and none of the active judges has requested a vote on the petition for rehearing en banc. The petition is therefore denied. (99-1811) (For further detail see order.). (hp) [Entry date 11/09/00] LETTER from the 7th Circuit returning the record on appeal no. 99-1811 consisting of five volumes of pleadings, thirteen volumes of transcript of proceedings and one volume of exhibits. (hp) [Entry date 11/20/00] 11/17/00 145 11/17/00 146 37 CERTIFIED COPY of order dated 09/14/00 from the 7th Circuit: The judgment of the District Court is affirmed, with costs, in accordance with the decision of this court entered on this date. [137-1] (99-1811) (hp) {Entry date 11/20/00} OPINION from the 7th Circuit: Argued 04/19/00; Decided 09/14/00. (99-1811) (hp) [Entry date 11/20/00] 38 GENERAL DOCKET FOR Seventh Circuit Court of Appeals Court of Appeals Docket #: 99-1811 Filed: 4/7/99 Nsuit: 3440 Oth Civil Rights-Fed. Question Thomas, Caren Cronk, et al v. Chicago Park Dist Appeal from: United States District Court Lower court information: District: 0752-1 : 97 C 2963 Ordering Judge: George M. Marovich, Judge Court Reporter: Geraldine Monahan, Court Reporter Date Filed: 4/25/97 Date order/judgment: 3/29/99 Date NOA filed: 4/1/99 Prior cases: 97-3106 wjc msk idr Date filed: 8/20/97 Date disposed: 12/12/97 Disposition: VACATED Current cases: None Proceedings include all events. 99-1811 Thomas, Caren Cronk, et al v. Chicago Park Dist ROBERT MACDONALD Plaintiff - Appellant {term 08/02/99] Vv. CHICAGO PARK DISTRICT, a body 39 political and corporate 312/701-9311 Defendant - Appellee Steven A. Weiss SCHOPF & WEISS 312 W. Randolph Street Chicago, IL 60606 CAREN CRONK THOMAS and WINDY CITY HEMP DEVELOPMENT BOARD, Plaintiffs - Appellants ~ Wayne B. Giampietro WITWER, POLTROCK & GIAMPIETRO 125 S. Wacker Drive Suite 2700 Chicago, IL 60606 312/332-6000 FAX 312/332-6008 Richard L. Wilson 3610 Dubsdread Circle Orlando, FL 32804 407/649-9225 Plaintiff - Appelluat (See above) CAREN CRONK THOMAS and WINDY CITY HEMP DEVELOPMENT BOARD, Plaintiffs - Appellants Vv. CHICAGO PARK DISTRICT, Defendant - Appellee 40 Proceedings include all events. 99-1811 Thomas, Caren Cronk, et al v. Chicago Park Dist 4/7/99 4/7/99 4/7/99 4/16/99 4/16/99 4/21/99 5/7/99 Private civil case docketed. [99-1811] [1165297-1] Transcript information sheet due 4/19/99. Appellant's brief due 5/17/99 for Robert MacDonald. (squi) [99-1811] ROA from No. Dist. of Il., E. Div. due 4/15/99. (squi) Filed Appellant Robert MacDonald docketing statement. [99-1811] [1165319-1] (squi) Certificate of interest filed by Appellee Chicago Park Dist. [99-1811] [1165297-1] (squi) Appearance form filed by attorneys Steven A. Weiss and Kevin T. Kerns for Appellee Chicago Park Dist. [99-1811] [1165297-1] (squi) Original record on appeal filed. Contents of record: 5 vol. pleadings; 13 vol. transcripts; 1 vol. exhibits; [99-1811] [1171545-1] (eric) ORDER: Pursuant to Federal Rule of Appellate Procedure 33, briefing will proceed as follows: [1165297-1] 5/12/99 5/13/99 6/8/99 6/8/99 6/14/99 7/2/99 41 SCO [99-1811] Appellant's brief due 6/8/99 for Robert MacDonald. Appellee's brief due 7/8/99 for Chicago Park Dist. Appellant's reply brief due 7/22/99 for Robert MacDonald. (patb) Filed Seventh Circuit Transcript Information Sheet by Wayne B. Giampietro for Appellant Robert MacDonald. [99-1811] [1165297-1] (patb) Disclosure Statement filed by Attorney Wayne B. Giampietro For Appellant Robert MacDonald. [99-1811] [1165297-1] (patb) Filed 15c appellant's brief by Robert MacDonald. Certification filed. [99-1811] [1186752-1] (patb) Filed 10c appendix by Appellant Robert MacDonald. [99-1811] [1186753-1] (patb) Filed oversized record in Section # 18 of exhibit room: 1 box containing 5 vol. pleadings; 13 vol. transcripts;[1165297-1] [99-1811] (nick) Filed suggestion of death of plaintiff-appellant and motion to substitute parties by attorney Wayne 7/8/99 7/9/99 7/9/99 42 B. Giampietro. [1194318-1] [1194318-1] [99-1811] (patb) Filed 15c appellee's brief by Chicago Park Dist. Disk filed. [99-1811] [1195617-1] (patb) Filed Appellee Chicago Park Dist Memorandum In Opposition to motion to substitute parties. [1196141-1] [99-1811] [196141-1] (patb) ORDER: Filed clerk's notice to Appellee Chicago Park Dist to file a response to Attorney Giampietro's 7/2/99 Suggestion of Death of Plaintiff-Appellant and Motion to Substitute Parties. Briefing in this appeal is DEFERRED pending resolution of the motion. [1194318-1] JKL [99-1811] [1198276-1) Response due 7/22/99 for Chicago Park Dist. (patb) 7/12/99 8/2/99 Reply in support of motion to substitute parties filed by counsel for Appellant Robert MacDonald. [99-1811] [1196747-1] (patb) ORDER issued GRANTING Attorney Giampietro's 7/2/99 motion. Pursuant to Fed.R.App.P. 43(a)(1), [1194318-1] Caren Cronk Thomas and Windy City Hemp are GRANTED leave to substitute as appellants in place of Robert MacDonald, 8/3/99 8/10/99 12/22/99 1/6/00 1/7/00 43 deceased. The clerk of this court is directed to modify the docket to reflect this change. Furthermore, counsel for appellants shall file a corporate disclosure statement, pursuant to Fed.R.App.P. 26.1, by 8/9/99. The clerk is directed to distribute a copy of this order to the assigned merits panel. JKL [99-1811] (patb) Filed Appellant Windy City Hemp, Appellant Karen Cronk Thomas Citation of Additional Authority, per CR 28(e). [99-1811] [1203118-1] (kell) Amended certificate of interest after substitution of parties filed by Attorney Wayne B. Giampietro for Appellant Windy City Hemp, Appellant Karen Cronk Thomas. [99-1811] [1165297-1) (patb) ORDER: Briefing will proceed as follows: [1165297-1] JKL [99-1811] Appellant's reply brief due 1/7/00 for Karen Cronk Thomas, for Windy City Hemp. (jenp) Filed Appellee Chicago Park Dist Citation of Additional Authority, per CR 28(e). Dist. [99-1811] [1249013-1] (land) Filed 15c appellant's reply brief by 2/4/00 2/4/00 3/1/00 3/22/00 4/18/00 4/19/00 44 Windy City Hemp, Karen Cronk Thomas. Disk filed. [99-1811] [1249855-1} (land) Filed oversized record in Section # 18 of exhibit room: 2 boxes containing assorted briefs/appendix. [1165297-1) [99-1811] (cove) Filed Appellant Windy City Hemp, Appellant Karen Cronk Thomas Citation of Additional Authority, per CR 28(e). Dist. [99-1811] [1259047-1] (land) Filed Appellant Windy City Hemp, Appellant Karen Cronk Thomas Citation of Additional Authority, per CR 28(e). Dist. [99-1811] [1266412-1] (land) ORDER: Argument set for Wednesday, April 19, 2000 at 9:30 a.m. Each side limited to 20 minutes. [99-1811] [1272457-1] (broo) ORDER: Argument reset for Wednesday, April 19, 2000 at 9:30 a.m. Each side limited to 15 minutes. [99-1811] [1281894-1]} (broo) Case heard and taken under advisement by panel: Chief Judge Richard A. Posner, Circuit Judge 4/19/00 9/14/00 9/14/00 9/28/00 10/10/00 45 John L. Coffey, Circuit Judge Frank H. Easterbrook. [99-1811] [1282960-1]} (broo) Case argued by Richard L. Wilson for Appellant Karen Cronk Thomas, Appellant Windy City Hemp, Steven A. Weiss for Appellee Chicago Park Dist. [99-1811] [1165297-1]} (broo) Filed opinion of the court by Judge Posner. AFFIRMED. Circuit Judge Richard A. Posner, Circuit Judge John L. Coffey, Circuit Judge Frank H. Easterbrook. [99-1811] [1165297-1] (hard) ORDER: Final judgment filed per opinion. With costs: y. [99-1811] [1325355-1] (hard) Filed 30c Petition for Rehearing and Petition for Rehearing Enbanc by Appellant Windy City Hemp, Appellant Caren Cronk Thomas. Dist. [99-1811] [1330015-1]} (hard) Sent clerk's copy of request to Appellee Chicago Park Dist requesting 30c of their Answer to the Petition for Rehearing and Petition for Rehearing Enbanc filed by the appellants’ on 9/28/00. [99-1811] [1332947-1] Answer to Petition for 10/24/00 11/7/00 11/15/00 11/21/00 2/5/01 5/31/01 46 Enbanc Rehearing due 10/24/00 for Chicago Park Dist. (hard) Filed 30c Answer of Appellee Chicago Park Dist to Petition for Rehearing and Petition for Rehearing Enbanc. Dist. [99-1811] [1337688-1]} (hard) ORDER: Appellant Windy City Hemp, Appellant Caren Cronk Thomas Petition for Rehearing and Petition for Rehearing Enbanc is DENIED. [99-1811] [1330015-1) (hard) MANDATE ISSUED AND ENTIRE RECORD RETURNED. (Contents returned: 5 vol. pleadings; 13 vol. transcripts; 1 vol. exhibits; ) [99-1811] [1165297-1] (cove) Filed record receipt. [1346686-1] [99-1811] (cove) Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. Supreme Court Case No.: 00-1249. [99-1811] [1369269-1] (hard) Filed order from the Supreme Court GRANTING the Petition for Writ of Certiorari. Supreme Court Case No.: 00-1249. [99-1811] [1403889-1] (hard) 47 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS ROBERT MACDONALD Plaintiff Robert MacDonald brings this lawsuit to challenge a certain provision in the Code of Ordinances of the Chicago Park District. The ordinance in question governs the issuance of permits for rallies in public parks. MacDonald seeks a judgment declaring that the challenged ordinance violates the First Amendment to the United States Constitution, and an injunction permanently prohibiting its enforcement. 48 JURISDICTION 1. This suit is brought pursuant to 42 U.S.C. § 1983: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress... . This case arises under the Constitution of the United States, and this Court has original jurisdiction under 28 U.S.C. §§ 1331 and 1343. Declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201 and 2202. PARTIES 2. Plaintiff Robert MacDonald is a natural person and a citizen of Illinois. MacDonald maintains an office at 2558 W. Armitage, Chicago, Illinois 60647. 3. Defendant Chicago Park District is a body politic, organized and operating under the laws of the State of Illinois, and empowered to sue and be sued in its own name. 49 VENUE 4. The Park District is located in Cook County, within the Northern District of Illinois, Eastern Division. All of the acts complained of herein have occurred, and will occur, within the Northern District of Illinois, Eastern Division. FACTS 6. MacDonald is an activist in a political movement to change the laws of the United States and the several states prohibiting the sale and possession of cannabis, to educate the public as to the need for a change, and to raise public support for his political cause. 7. MacDonald is actively involved in organizing public rallies, at which he and others encourage public support for their political movement, present speakers, and raise funds to support their political efforts. 8. MacDonald wants to sponsor and conduct a political rally at Butler Field on May 10 and 11, 1997. 9. The political rally will have three principal 50 purposes: (a) to provide a forum for all interested persons to speak out on an issue of great public concern, the laws prohibiting the possession, sale and distribution of cannabis; (b) to raise public support for the efforts of MacDonald and others to effect a change in those laws; and (c) to raise money to defray costs of the rally and for future political activities. 10. The proposed activities are all protected under the First Amendment. 11. Butler Field at Grant Park’s Petrillo Bandshell is a public park in the City of Chicago, and activities at Butler Field are regulated under Chapter VII. 12. Butler Field is a public forum, both by designation of the City of Chicago and by tradition. 13. Pursuant to 70 ILCS 1205/8-1, the Park District is empowered to enact ordinances in furtherance of its responsibility to administer the public parks of the City. 14.‘ The Park District has enacted Chapter VII 51 of the District Code.’ Chapter VII, titled Use of Parks, regulates activities in all public parks in the City. 15. Section C of Chapter VII establishes a permitting scheme for those persons who wish to use any City parks. 16. Under § C(3)(a), MacDonald is required to obtain a permit in order to hold his rally. 17. _As required by the ordinance, MacDonald submitted an application for a permit for the rally to the Park District on March 4, 1997.” 18. On March 12", Park District Deputy General Counsel Joan Fencik sent a letter to MacDonald notifying him that the application had been denied.* 19. § 5\e) sets forth the reasons for which a permit can be denied. Included in that list are the following three items: 1.A true copy of Chapter VII, Section C is attached to this Complaint as Exhibit A. 2. Exhibit B. 3. ExhibitC. The letter did not indicate who had made the decision to deny the application. 52 (1) the application for permit is not fully completed and executed; (S) the applicant or the person on whose behalf the application for permit was made has on prior occasions damaged Park District property and has not paid in full for such damage, or has other outstanding and unpaid debts to the Park District; (13) the applicant or the person on whose behalf the application was made has on prior occasions made material representations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to the applicant. 20. Fencik’s letter indicates that the bases for denial of the permit application was for alleged violations of each of the three listed conditions. 21. The letter informed MacDonald that he had seven days to appeal from the denial to the General Superintendent of the Park District. 22. On March 18" MacDonald filed his appeal.* That appeal refuted each of the grounds used to deny the permit. 23. On March 24" Forest Claypool, General Superintendent of the Chicago Park District, sent a letter 4. Exhibit D. 53 nou. ying MacDonald that his appeal had been denied.° 24. General Superintendent Claypool and whoever originally denied the permit application axe employees of the Park District, and their actions were taken within the scope of their authority. 25. Chapter VII, § C(S)(e) is facially unconstitutional as an unlawful prior restraint of free expression for the following reasons: A. it is an unlawful delegation of authority to deny a permit without providing sufficient standards limiting the discretion of the city officials charged with granting or denying the permit; B. it does not provide for prompt judicial review in the event a permit application is denied; C. it does not place the burden on seeking prompt judicial review to justify the denial of the permit on the Park District; and D. it allows a permit to be denied for future speech based on allegations of improper, illegal or unauthorized conduct by the applicant or virtually any 5. Exhibit E. MacDonald filed an amended appeal on March 25* (Exhibit F), which was summarily denied on March 26* (Exhibit G). 54 other persons at a past event for which a permit has been issued. 26. Chapter VII, § C(5)(e) has been unconstitutionally applied to MacDonald to deny him due process of law guaranteed by the Fourteenth Amendment. 27. The actions of the Park District (through its employees) threaten to deprive MacDonald, his colleagues and associates and the public at large of rights guaranteed to them under the First Amendment: the right to freedom of expression, freedom of assembly and freedom of association. - 28. All acts of the Park District (through its employees) which are alleged in this Complaint were done under color of state law or authority. COUNT ONE - DECLARATORY JUDGMENT 29. MacDonald realleges those facts set forth in Paragraphs 6 - 28, and incorporates those facts in this Count by reference. 30. There is a dispute between the parties as to MacDonald’s rights under the First Amendment, as those rights have been abridged by the actions of the Park 55 District under Chapter VII of the Park District Code. 31. MacDonald is entitled to a judgment declaring his right to conduct his political rally in a public forum without having to be subjected to an unconstitutional permitting ordinance. COUNT TWO - PERMANENT INJUNCTION 32 MacDonald realleges those facts set forth in Paragraphs 6 - 28, and incorporates those facts in this Count by reference. 33. Chapter VII, § C(5)(e) of the Park District Code is unconstitutional on its face under the First Amendment, and as it has been applied against MacDonald. 34. | MacDonald has no adequate remedy at law. 35. Unless this Court issues a permanent injunction against all future enforcement of § C(S)(e), MacDonald will suffer an irreparable injury by the loss of his rights under the First Amendment. 36. The injury to MacDonald, should this Court deny a permanent injunction, exceeds any possible harm to the Park District if a permanent injunction is entered. 56 : MacDonald will suffer the loss of constitutional rights found by the United States Supreme Court to be at the very core of those protected by the First Amendment. The only “loss” to the Park District is the ability to unconstitutionally deny those rights to persons wishing to engage in free speech on matters of public concern ina traditional public forum. 37. A permanent injunction will not be contrary to the public interest. WHEREFORE, Robert MacDonald asks this Court to do the following: A. take jurisdiction over this cause and the parties; B. enter judgment for MacDonald and against the Chicago Park District declaring that § C(S)(e) of the Park District Code is facially unconstitutional; c. enter judgment for MacDonald and against the Park District declaring that § C(S)(e) has been unconstitutionally applied against MacDonald; D. enter an injunction permanently prohibiting the Park District, its agents and employees from enforcing 57 § C(S)(e); E. award MacDonald all reasonable costs of this action, including an attorney’s fee pursuant to 42 U.S.C. § 1988; and F, grant MacDonald all other relief in law and in equity to which he is entitled. he a B. Giampietro twer, Poltrock &Giampietro Illinois Bar No.00947776 125 S. Wacker Drive, Suite 2700 Chicago, Illinois 60606 (312) 332 6000 (Fax) 332-6008 and Richard L. Wilson 3610 Dubsdread Circle Orlando, Florida 32804 (407) 649-9225 (Fax) 423-8727 Attorneys for Plaintiff 58 AFFIDAVIT STATE OF: Illinois ) ) COUNTY OF: Cook ) 1, ROBERT MACDONALD, after being placed under oath do state: 1. I have read the foregoing Verified Complaint for Declaratory Judgment and Permanent Injunction. 2. The facts alleged in the Verified Complaint are true and correct. ROBERT MACDONALD (SIGNATURE) Robert MacDonald Sworn to and subscribed before me on this 25" day of April, 1997. ANTOINETTE F. DELLACROCE Notary Public - State of Illinois 59 EXHIBIT A TO COMPLAINT CHAPTER VII. USE OF PARKS. SECTION A. DEFINITIONS. For purposes of this chapter, the following words, terms, phrases and their derivatives shall have the meanings set forth in this section. When not inconsistent with the context, the present tense shall include the future tense; the plural shall include the singular number and the~ singular number shall include the plural number. “Amplified Sound” means any sound projected or transmitted by artificial means, including, but not limited to, loudspeakers, amplifiers, powered megaphones or any similar “Horse” means any member of the equine family. “Parade” means any march or other organized movement of persons from place to place, or about a place. equipment, vegetation and animals, including, but not limited to, the deposit of garbage, litter or water matter; changes in the 60 ture, taste, color, turgidity or odor of water; the discharge of any liquid, gas, solid, be radioactive or other substance in any park whi causes, or is likely to cause, a public —- an injury to the public health, safety or we re, *“** 2 61 SECTION C. PERMITS. 1. Designation of Park Facilities. a. Proposed Designation. The General Superintendent shall classify all park property under a uniform system of classification and designate for each such classification the use or uses which, in his/her judgment, should be permitted therein. Categories of classifications which the General Superintendent shall designate may include, but are not limited to, parks, playgrounds, playlots, fieldhouses, boat harbors, and leased facilities. The General Superintendent shall classify all park property under the following classification system: (1) public forums; (2) limited use areas; (3) areas or facilities not designated for public assembly; or (4) special facilities. The General Superintendent shall then record the designations for each park and shall transmit the same promptly to the Board, which shall then approve, amend or reject the designations. Thereafter, the General Superintendent may, from time to time, as he/she shall deem necessary and proper, amend or revise his/her designations and shall promptly transmit in writing the amendments or revisions to the Board, which shall approve, amend or reject the same. All such designations, and the General Superintendent’s amendments and revisions thereof, shall be in full force and effect from the 62 time that the same are expressly approved as such or as amended by the Board. b. Public Review of Proposed Designation. Simultaneous with the transmission to the Board of the plats or maps required by this ordinance, or of any written amendments or revisions thereof, the General Superintendent shall file a duplicate copy of the same with the Secretary, which duplicate copy shall be available for public inspection and copying in the Office of the Secretary during normal business hours. 2. Rules and Regulations. The General Superintendent may, from time to time, establish reasonable rules and regulations, for the use of each facility in the Park System. Such rules and regulations shall be based on a due regard for the purpose for which the facility is established, the safety of those using the facility, of park Employees and of the public, the safety and maintenance of Park District property, the need for and the availability of supervisory personnel, and the maximum number of people who can safely use the facility at one time. Subject to the foregoing, and except as hereinafter provided, all Park District facilities may be used by members of the general public, without permit, for recreational and athletic purposes not inconsistent with the nature of the facility and the safety of the public and of Park District property. 63 3. Permit Requirement a. General. No person shall, without a permit: 1. conduct a public assembly, parade, picnic, or other event involving more than fifty individuals; 2. circulate or distribute any leaflets, handbills, notices, pamphlets, books, documents or papers of any kind in any indoor facility , fieldhouse, garden, zoological garden or other special facility; 3. conduct and exhibit, music or dramatic performance, fair, circus, concert, play, radio or television broadcast, other than a news transmission; 4. exhibit or display any motion picture, television program, light or laser light display, or similar event; 5. operate a vehicle, except upon a publicly dedicated street, alley, watercourse or other thoroughfare which may abut or traverse a park; 6. create or emit any Amplified Sound, except from a radio, recorder or other device possessed and used by an individual for his/her own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment by an other person; 7. station or erect any building, tent, canopy, stand, bandstand, stage, tower, scaffold, sound stage, platform, rostrum or other structure; 8 station or use any electrical or electronic device or equipment that would require 64 outdoor auxiliary power; 9. or sell or offer for sale any goods or services; 10. display, post or distribute any placard, handbill, pamphlet, circular, book or other writing containing commercial advertising matter within the Park System; 11. bring, land or cause to ascend or descend or alight within the Park District, any airplane, helicopter, flying machine, balloon, parachute or other apparatus for aviation; 12. conduct any sporting event; 13. ride any Horse on any driveway, roadway, path or trail; or 14. bring onto property a tame, non-domestic supervised and controlled or restrained animal for limited non-commercial or promotional purposes. b. Permits for Activities Involving More than S00 Individuals. No activity involving more than five hundred individuals shall be held within two thousand five hundred feet nor within two hours of any other activity involving more than five hundred individuals. \pplication for Permi a. Filing Written Application. a. Special Event Permit Any person seeking the issuance of a permit shall apply for a permit by filing a written application 65 for permit on a form and within such time as shall be prescribed by the General Superintendent. Applications involving any of the following activities shall be filed with the Region Manager for the region in which the special event is to take place, or his/her designee: (a) an event involving more than fifty individuals; (b) the sale or offering for sale of any good or service; (c) _ the sale or service of alcohol on Park District property; (d) advertising or commercial activities; (e) activities involving more than one park; (f) a religious or partisan political event; (g) | create or emit any Amplified Sound, except from a radio, recorder or other device possessed and used by an individual for his/her own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment by another person; (h) station or erect any building, stand bandstand, stage, tower, tent, canopy, scaffold, sound stage, platform, rostrum or other structure; i. use of any electrical or electronic device or equipment requiring outdoor auxiliary power; (2) (3) (4) 66 brief land or cause to ascend or descend or alight within the Park District, any airplane, helicopter, flying machine, balloon, parachute or other apparatus for aviation; riding of a Horse or Horses; or use of mechanical rides (which may be permitted only on hard surfaces). Media/Motion Picture/Commercial Photography rson seeking the issuance of a permit for poh a of a media broadcast (other than a news transmission), motion picture, or sull commercial photography shall file a written application for permit with the General Superintendent or his/her designee on a form and within such time as shall be prescribed by the General Superintendent. Recreational Permits Any person seeking to reserve Park District facilities for any event involving less than fifty ple and not including cor — “1 aragraph 4(a)(1), above, s e a written ae with the park/playground supervisor where the event is proposed to take place on a form and within such time as shall be prescribed by the General Superintendent. Special Facilities Any person seeking the issuance of a permit for d. 67 Security Deposit. For any activity described in this chapter, Section C.4. a(1)(a) through a(1) (j), no application for permit shall be granted unless the same shall be accompanied by the deposit of a sum of money equal to the estimated cost of policing, cleaning up and restoring the park upon conclusion of the use or activity , as set by the schedule of fees set by the General Superintendent and approved by the Board. The security deposit shall be deposited by the Park District into an escrow account. Promptly after the conclusion of a use or activity, permit activity, the Park District shall inspect the premises and equipment used by the permittee. (1) _ If it is determined that there has been no damage to Park District Property or equipment beyond reasonable wear and tear, the security deposit shall be refunded in full within thirty (30) days of the conclusion of the permitted event. (2) If it is determined by such inspection, that the permitted event proximately caused damage to Park District property in excess of normal wear and tear and which requires repairs in excess of routine maintenance or determined that fines should be assessed against the permittee pursuant to this chapter , Section C.7., below, the Park District shall retain the security deposit or any portion, thereof, necessary to pay for the cost repair or any fines assessed against the permittee. The General Superintendent or his/her designee shall given written notice of the assessment of damages or fine e. 68 and retention of the security deposit to the permittee by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application for permit. An assessment of damages or fine may be appealed as provided in this chapter, Section C.6., below. Fees for Use of Park Facilities. No application for permit shall be granted unless the same shall be accompanied by a user fee as provided in the uniform schedule of fees set by the General Superintendent and approved by the Board. No application for permit shall be granted unless all required fees are paid as specified in paragraph 5(b), below. Insurance. Applicant shall procure and maintain at all times during its use of Park District property, insurance in such amounts and with such coverages as shall reasonably be required by the Park District and shall name Park District as an additional insured thereunder. The amounts and type of insurance required shall be determined by the Division of Risk Management, based upon the nature of the activity and the risk involved. The Division of Risk Management shall prepare a uniform schedule of insurance guidelines for particular types of activities. Applicant shall provide Park District with a certificate from an insurer evidencing such coverage prior to applicant's use of Park District 69 property, and within the time Prescribed by the General Superintendent. The certificate shall also provide that the insurer shall give the Park District reasonable advance notice of insurer's intent to cancel the insurance coverage provided. g. Permits Not Transferable No permit or preliminarily approved permit application may be transferred. S, Processing of Application fox Permics a. Order. Applications for permits shall be processed in order of receipt; and the use of a particular park or part P thereof shall be allocated in order of receipt of fully executed applications accomplished by the application fee. b. Preliminary Approval Applications for permits for activities or events which require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a preliminary approval will be issued. If, within fourteen days of the issuance of the preliminary approval, an insurance certificate evidencing the requisite insurance is not filed by the Division of Risk Management, or the approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the preliminary approval will expire, the application for permit will be deemed denied and no 70 written notice of denial will be required. For events or activities which involve the use of special facilities, or activities described in this chapter, Section C.4.a. (1) (c}, (4), (g), Ch}, (i) or Gj), above, all terms and conditions for issuance of the permit, including securing insurance and payment of all fees and security deposit, must be completed at least thirty days prior to the event. No permit shall be issued unless all applicable fees and security deposit are paid within the times prescribed by the General Superintendent. Failure to pay fees or security deposit within that time shall cause the application to be deemed denied, without further notice to the applicant. . Written Denials. Except for applications for permits for which preliminary approvals have been issued, applications for permits shall be deemed approved subject to insurance requirements as provided in this chapter, Section C.4.f., above, if no written denial is issued within fourteen days of the date on which the application is fully completed, executed and filed with the appropriate Officer or Employee, as designated by the General Superintendent; provided, however, the Park District may extend the period of review for an additional fourteen days by issuance of a written notice of extension. If, prior to the expiration of the extended review period, no written denial is issued, the application for permit shall be deemed approved. 71 d. Notice of Extended Review or Denial or Issuance of e. Permit. Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in United States mail, with proper Postage prepaid, to the name and address set forth on the application for permit. Contents of Notice; Grounds for Denial. Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the Park District for measures by which the applicant may cure any defects in the application for permit or otherwise procure a permit. Where an application or permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the Park District shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place. The Park District may deny an application for permit on any of the following grounds: (2) the application for permit is not fully completed and executed; (3) the applicant has not timely tendered the application fee, user fee, indemnification agreement, or security deposit; (4) the application for permit contains a material (S) (6) (7) (7) (8) (9) 72 falsehood or misrepresentation; the applicant is legally incompetent to contract or to sue and be sued; the applicant or the Person on whose behalf the application for permit was made has on prior occasions damaged Park District property and has not paid in full for such damage, or has other outstanding and unpaid debts to the Park District; a fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof; the use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the Park District and previously scheduled for the same time and place; the proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to this chapter, Section C.1., above; the use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of Park District Employees or of the public; - eS qu ee ~EEos a eu ere arene ee - 73 (10) the applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the Park District concerning the sale or offering for sale of any goods or services; (11) the use or activity intended by the applicant is prohibited by law, by this Code and ordinances of the Park District, or by the regulations of the General Superintendent; (12) the applicant has not secured the requisite insurance; or (13) the applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to the applicant. f. | Amendment or Revision of Applications Any amendment or revision of an application or permit shall for purposes of determining the priority of the application for permit, relate back to the original filing thereof; but the time in which the Park District shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision. 6. Procedures for Review/Waivers. a. Review by General Superintendent. 74 1. Any applicant who is denied a permit or a permittee who is assessed damages or a fine pursuant to this ordinance may, . within seven days of the service of notice of such determination, file a written appeal from such determination with the General Superintendent; 2. The General Superintendent shall have seven days from the date on which the appeal was received in which to serve upon the applicant a notice that he/she has affirmed, modified or reversed the denial or fine; 3. Such notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit; a If such notice is not served upon the applicant or permittee within seven (7) days of the date upon which the appeal was filed, then the denial shall be deemed reversed. b. Form of Appeals. filed pursuant to the ordinance shall a ri grounds upon which it is asserted that the denial should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the supervisor and/or the General Superintendent, and any other papers material to 75 the determination. c. Waiver of Requirements. Any requirements for use fees, deposits, proof of insurance or premium for insurance may be waived by the General Superintendent upon the recommendation of the General Counsel, if the activity as protected by the First Amendment of the United States Constitution and the condition would be so financially burdensome that it would preclude the applicant from using Park District property for the proposed activity. Fees for equipment and services may not be waived pursuant to this subsection. Application for a waiver shall be made on a form prescribed by the General Superintendent. 7. Fines The violation by a permittee of the terms of his/her a permit or the laws and regulations of the Park District shall subject the permittee to a civil fine of up to $500. Each day that a violation continues shall be deemed a separate violation. Such fines may be assessed against any security deposit held by the Park District on behalf of the permittee, pursuant to this chapter Section C.4.d., above, or may be assessed a fine for monies in excess of any security deposit held by the Park District. Any assessment of fines in excess of any security deposit shall be subject to the appeal provisions of this chapter, Section C.6., above. The Region Manager or his/her designee shall give the permittee prompt written notice of any fines to be assessed in excess of the security deposit. Such notice shall be served on the permittee by personal delivery, or by deposit in the United States mail, with proper postage prepaid to the name and address set forth on 76 the application for permit. 77 8 -_ yt In &§ Gis m 2 = sy , Se. Cpecial Event .ipplication If any provision of this ordinance or the application come eur ame paar Exhibit B to Complaint ~ * thereof to any person or circumstance be held invalid, ; Type OF PERMET FEES ENCLOSED: | EVENTINFORMATION == z the remainder of this ordinance and the application qgnech ened omer) You must mndets 9 ate Snn/vad’ route of such provision to other persons or circumstances ven ; shall not be affected thereby. The Park District reserves the power to amend or repeal this ordinance at any time; and all rights, privileges and immunities conferred by this chapter or by acts done pursuant hereto shall exist subject to such power. 78 drt Permait—Special Event/ ication toonanued qu» vequesting « donation at Tow «7 ANIMALS dv oh te sere Omir Te Gt ast vo hove ental amount: at oeutT™ Wf no, please indicate (he Sn Tyr ots > 9» hee Bese your require street cloeure?™ —f it © Yes & No EQUIPMENT RIDES } TENTS | pene at your eveat?™ —— se ae a Yes Ne must alse apply win the Ovparimnt oT if yes. please describe and inctude the hours. 121 Herth LaSalle Surwet, Cty PARKING /L—/29 gna service roads is serictly —7 Partang vetuctes on grass © ast wn 79 ai ett a eee m2 healt. iii ole Vi P70 wv ~——— -—e €+e+ 88 Ger * rs , se @ STATEOP ELMO 8) COUNTY OF COOK ) ss 3 - AFFIDAVIT IN SUPTORT Me i = Sg t « OF FIRST AMENDMENT CLAIM , ! - e FOR WAIVER OF [a %, i ps} 2 2 \. © 4: t, * __ peing duly pworn, do Az 5: tLe ocgpemmn er co claw ef bn eqgtenss ber 0 Chtege Desk Diente put, | hts agiutentc dteusbeantatteme . _ 2 lem hat Une Boart of Comm iponers werve (he naurance recur emert of S Le” and/or tht use foe of 3 - hy ° 17050 hawt dey. 3. I beliews that the actvity for which this peru is requested is provecied by the First Amendmeat (3 ne Unaed Coasututtes (describe) 4. have reviewed the Sat 6flasuranes Park —_ peo may eer a td F Disirict, have i@ paragraph 2 are sa financially burdensome that they would prechude me/my orgunization om using Park Distnc propery for the proposed activity. $. The usar foe for this even is se Snancially burdensome that tiwould prelude mo/iny’ orp enization from using Park District property fer the proposed event “ i" 4. In eupport of this deim, T heve snached Aaancial Information which I would Hee the Dreenct to connder in review ary waiver request. apes 7. U the insurance requirement is waived, « Hold Harmless Agresevent in the fo: ; berate wil be provided te the Par Dist ne ater than eeny-out (24) hours prior iibes's ah SIUM ai2z3 104% 3 S- Um a he ee 4