The issue of gun control has been a topic of extensive conversation across the country, and recently in Illinois when the Village of Deerfield enacted an assault weapons ban by local ordinance. That ban is currently the subject of a legal challenge in ...

 

TRO Issued Against Village's Assault Weapon Ban and more...



TRO Issued Against Village's Assault Weapon Ban

The issue of gun control has been a topic of extensive conversation across the country, and recently in Illinois when the Village of Deerfield enacted an assault weapons ban by local ordinance. That ban is currently the subject of a legal challenge in multiple lawsuits, including one brought by the Illinois State Rifle Association and the Second Amendment Foundation, and another lawsuit filed by Guns Save Life, Inc. Both cases claim the Village had no authority to adopt its assault weapons ban because it was preempted by state law. Other arguments include "takings" and eminent domain claims and both complaints ask the court to issue a temporary restraining order (TRO) to prohibit the Village from enforcing the ban while the case moves forward.

On June 12th, a Lake County Circuit Court judge issued a preliminary ruling in both cases granting a TRO to plaintiffs and barring the Village from enforcing its assault weapons ban. The court determined that the Village ordinance was not enforceable because it is preempted by state law, specifically provisions of the Firearm Owner's Identification Card Act and Firearm Concealed Carry Act that were enacted in 2013. The court also found that the Village's 2018 ordinance that amended a 2013 ordinance adopted by the Village within the limited preemption exclusion time-frame was a "new" ordinance and not an amendment of the 2013 ordinance. The court rejected plaintiffs' takings and eminent domain claims. 

This ruling is not the final decision in this case, but grants temporary relief to plaintiffs while the case proceeds.

You can read the court's ruling here.

Municipal Minute is authored by Julie Tappendorf, a partner at the Ancel Glink law firm in Chicago, to provide timely legal updates on topics of interest to local governments.
 

Quorum Forum Podcast Discusses Employment Law Issues

Ancel Glink just released Episode 3 of its podcast, Quorum Forum. In this episode, Ancel Glink's labor and employment attorneys provide updates on new employment laws that affect government employers and engage in a discussion about sexual harassment in the workplace. 

You can find this Episode 3 here and our previous podcast episodes on Quorum Forum's website here. 

Don't forget to send us your questions and show ideas to podcast@ancelglink.com!
Municipal Minute is authored by Julie Tappendorf, a partner at the Ancel Glink law firm in Chicago, to provide timely legal updates on topics of interest to local governments.
 

Zoning Lawsuit Bill Passes Both Illinois Houses

Illinois House Bill 4711, if passed, proposes to amend the Zoning Enabling Acts for municipalities, counties, and townships to address lawsuits against these government entities. That bill recently passed both houses and has been sent to the Governor.

If passed, the zoning statutes will be amended to provide that the statute commonly referred to as the Adjoining Landowner Act does not authorize a lawsuit against the municipality, county, or township in which the property in question is located unless the government entity is the owner of that property. The Adjoining Landowner Act authorizes a municipality or property owners within 1200 feet of a property allegedly in violation of buildings or zoning codes to sue the property owner to enforce the building or zoning code. 

The specific language that would be added to the municipal Adjoining Landowner Act is as follows:
Except in relation to municipality-owned property, this Section does not authorize any suit against a municipality or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division.  
Similar language would be added to the township and county statutes. 

The bill is consistent with numerous Illinois cases that have dismissed lawsuits filed against government entities under the Adjoining Landowner Act. Those cases clearly state that the Adjoining Landowner Act does not provide a cause of action against the government entity unless the entity is the owner of the property that is allegedly in violation of building or zoning codes.

Post Authored by Julie Tappendorf


Municipal Minute is authored by Julie Tappendorf, a partner at the Ancel Glink law firm in Chicago, to provide timely legal updates on topics of interest to local governments.
 

Illinois Supreme Court Takes Appeal in Food Truck Case

The Illinois Supreme Court granted an appeal in a case challenging the City of Chicago's food truck ordinance.  We wrote about the appellate court ruling here and the trial court ruling here.  Both courts ruled in favor of the City of Chicago, rejecting the plaintiffs' claim that the ordinance violated the food truck operators' equal protection rights because it treated food trucks differently than restaurants. It also rejected their argument that the 200 foot distance requirement from brick and mortar restaurants violated the food truck operators' due process rights, finding no protected property right to operate a food truck.  We will update you once the Illinois Supreme Court issues its ruling in this appeal.
Municipal Minute is authored by Julie Tappendorf, a partner at the Ancel Glink law firm in Chicago, to provide timely legal updates on topics of interest to local governments.
 

County Did Not Violate Due Process in Ordinance Prohibiting Alcohol in Adult Businesses

In an unpublished appellate court ruling, a court ruled in favor of the county in a lawsuit filed by an adult entertainment establishment challenging a county ordinance prohibiting alcohol in adult entertainment establishments. County v. Wilhoit.

Wilhoit operated an adult entertainment establishment in Douglas County which allowed patrons to bring in and consume their own alcoholic beverages. In 2015, the County adopted an ordinance prohibiting the consumption of alcoholic beverages in adult entertainment establishments. After the county filed an ordinance violation action against Wilhoit's business to enforce the ordinance, Wilhoit filed a lawsuit against the county alleging that the ordinance was unconstitutional because the county failed to provide Wilhoit with notice of the meeting at which the ordinance was adopted.

The appellate court first noted that plaintiff did not argue that the County failed to follow the required notice procedures. Instead, plaintiff was arguing that she deserved additional notice because she had a "property interest" in operating her business. The court disagreed, finding that the County did not violate Wilhoit's procedural due process rights because (1) Wilhoit had no protected property interest  in having patrons consume alcoholic beverages at her adult entertainment establishment; and (2) Wilhoit was not entitled to any special notice beyond what was provided to the general public.

Post Authored by Julie Tappendorf
Municipal Minute is authored by Julie Tappendorf, a partner at the Ancel Glink law firm in Chicago, to provide timely legal updates on topics of interest to local governments.
 
 
   
 
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