In the Zone: Court Denies Injunction Against Village's Proposed Storm Improvements and more...

In the Zone: Court Denies Injunction Against Village's Proposed Storm Improvements

To alleviate flooding, a municipality designed and planned certain modifications to its stormwater system. A quarry owner opposed the planned improvements and filed a lawsuit seeking an injunction to stop the municipality from modifying its stormwater system as planned. The trial court denied the injunction and ruled that the municipality possessed an easement across the quarry that was granted by a predecessor owner of the quarry. The owner appealed.

On appeal, the Appellate Court upheld the ruling of the trial court. First, the Court determined that there was substantial evidence that the municipality held an easement across the quarry based on the installation of a stormwater pipe with the agreement of the predecessor quarry owner and language contained in an easement document. Next, the Court rejected the owner's argument that the municipality had abandoned its easement. Finally, the Court held that the owner had not established the elements necessary to obtain an injunction. In sum, the Court upheld the ruling in favor of the municipality. Hanson Aggregates Midwest, Inc. v. Village of La Grange.

Seventh Circuit Upholds "Protect Illinois Communities Act" that Restricts Assault Weapons and Large Capacity Magazines

The Illinois General Assembly enacted the Protect Illinois Communities Act following a deadly shooting at a Chicago suburb’s Independence Day parade. That Act criminalizes the manufacture, sale, delivery, purchase, and possession of assault weapons and large-capacity magazines, among other things. The Act contains a grandfather clause that allows preexisting lawful owners of the regulated items to continue possessing them.

Shortly after the Act was adopted, several lawsuits were filed to challenge its constitutionality. The district court decisions were divided, with one court granting a preliminary injunction against enforcement of the Act and two district courts denying injunctive relief. Those appeals made their way to the Seventh Circuit Court of Appeals, which consolidated the cases and issued a ruling in 2023 that rejected preliminary relief to the challengers and sent the case back to the district courts for further proceedings.

One of the consolidated cases proceeded to a bench trial. The district court in that case held that much of the Act violated the Second Amendment and that the offending provisions were not severable, and the court enjoined enforcement of the Act in its entirety. The defendants appealed to the Seventh Circuit, which recently reversed the ruling and upheld the Act, including its restrictions on AR-15s and thirty-round rifle magazines. Barnett et al., v. Raoul.

First, the Seventh Circuit held that the challengers failed to meet their burden to show that all of the Act's regulations were facially invalid. Second, the Seventh Circuit assumed for purposes of its ruling that the regulated items constituted "arms" under the U.S. Supreme Court's interpretation of the Second Amendment, meaning that they were presumptively entitled to constitutional protection under the Second Amendment. Next, the Seventh Circuit applied the test established by the Supreme Court for challenges under the Second Amendment and determined that the Act was consistent with the principles that "underpin our regulatory tradition" because legislatures have long imposed restrictions on particularly dangerous weapons like those regulated by the Act. Further, the Seventh Circuit found the Act’s “burden on the right of armed self defense" to be minimal. In sum, the Seventh Circuit held that the challengers failed to meet their burden in a facial challenge to the Act's constitutionality under the Second Amendment.

Illinois Adopts Amendments to Child Care Licensing; Provides Direction to Newly Organized Department of Early Childhood

Two years ago, the State of Illinois began the process of consolidating the operation and management of programs previously administered by the Illinois Department of Children and Family Services (DCFS), Illinois Department of Human Services (IDHS), Illinois State Board of Education (ISBE), and the Governor’s Office of Early Childhood Development (GOECD). As of July 1, 2026, the Illinois Department of Early Childhood (IDEC) began operations to complete the transition.

Just before IDEC began operating, the Governor signed into law Public Act 104-0480 adopting comprehensive reforms in license regulations for day care centers. The new act creates three tiers of licensing and registration: Day Care Center Providers, Recognized Alternative Providers and Exempt Providers. Most importantly for local governments, the amendments re-affirm the State’s double exemption for programs operated by local governments so long as those programs meet defined statutory parameters. Eligible programs will be exempt from regulation as a Day Care Center Provider and from registration as a Recognized Alternative Provider.

To qualify for the double exemption, a local government (or combination of local governments pursuant to an intergovernmental agreement) may demonstrate it is operating a special activities program, such as athletics, recreation, crafts instruction, music, dance, drama, sports, or similar activities offered by a unit of local government, including special activities programs offered by 2 or more units of local government pursuant to the Intergovernmental Cooperation Act. (There are other exemptions for school-based extracurricular activities conducted outside of the school day.)

These types of special activities programs will qualify for the double exemption if they demonstrate all the following requirements:

(A) State law authorizes the unit of local government to offer the program and an elected or appointed board of the unit of local government has adopted policies governing the operation of the program, pursuant to Section 8-10 of the Park District Code or other applicable law.

(B) The program is offered to the following categories of children and the parent or legal guardian of each child has received written acknowledgement that the program is not licensed by the Department under this Act:

(i) children at least 5 years of age for no more than 100 continuous days in any 12-month period when school is not in session;

(ii) children at least 3 years of age for no more than 3.5 continuous hours at a time; or

(iii) children under 3 years of age for no more than one hour at a time.

(C) The program does not advertise to the public as a pre-school program, licensed early care and education provider, licensed child care, or licensed day care.

(D) The program conducts the following investigations on all employees of the program no less than once every 5 years:

(i) background investigations pursuant to Section 8-23 of the Park District Code, Section 16a-5 of the Chicago Park District Act, or other applicable law;

(ii) a (free) name check against State and national sex offender registries; and

(iii) a (free) Child Abuse and Neglect Tracking System (CANTS) name check through the Department at no cost to the unit of local government.

(E) The program conducts the following investigations on all volunteers of the program no less than once every 5 years:

(i) background investigations pursuant to Section 8-23 of the Park District Code, Section 16a-5 of the Chicago Park District Act, or other applicable law;

(ii) a (free) name check against State and national sex offender registries; and

(iii) a (free) Child Abuse and Neglect Tracking System (CANTS) name check through the Department at no cost to the unit of local government.

(F) The unit of local government has an emergency preparedness and response plan for the location of the special activities program.

(G) The program does not participate in the Child Care Assistance Program (CCAP) or receive funding pursuant to the Early Childhood Block Grant.

If a program fails to satisfy all the requirements, it will be required to either obtain a license as a day care center or register as a recognized alternative provider.

Some local governments have recently been asked by DCFS to “apply” for exempt status. Public Act 104-0480 clarifies whether this is necessary. Section 3.01 of the Child Care Act, as amended, provides

The Department of Early Childhood shall provide written verification of exemption and description of compliance with standards for the health, safety, and development of the children who receive the services upon submission by the provider of, in addition to any other documentation required by the Department of Early Childhood, a notarized statement that the provider facility complies with: (1) the standards of the Department of Public Health or local health department, (2) the fire safety standards of the State Fire Marshal, and (3) if operated in a public school building, the health and safety standards of the State Board of Education.

The amendments related to licensing and registration requirements will become effective for all providers other than park districts on July 1, 2027, but not until July 1, 2028 for park districts. Programs operating under a current 2-year licensing exemption shall be allowed to continue to operate under that exemption until it expires or until July 1, 2028, whichever is later.

Keep an eye open for IDEC adopting new administrative regulations implementing the revised statutory scheme.

Post Authored by Adam Simon, Ancel Glink

• View comments • Track comments •

Supreme Court Invalidates Hawaii Firearm "Owner Consent" Restriction

In a 6-3 opinion, the U.S. Supreme Court struck down as unconstitutional a Hawaii law that prohibited firearms on private property open to the public without the express and affirmative consent of the property owner. Wolford v. Lopez.

Following the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which ended “may-issue” concealed carry licensing schemes, Hawaii enacted HRS § 134-9.5. The law provided that a person carrying a licensed firearm could not enter or remain on private property of another person “unless the person has been given express authorization to carry a firearm on the property.” Such authorization could be provided through unambiguous written or verbal consent or the posting of clear and conspicuous signage at the entrance of the building or elsewhere on the premises.

The Supreme Court held that the law conflicted with the common law presumption that members of the public, including those lawfully carrying firearms, may enter private property open to the public unless expressly prohibited from doing so. As a result, the Court concluded that Hawaii’s law unconstitutionally burdened individuals seeking to exercise their Second Amendment right to carry a firearm for self-defense. In addition, the Hawaii law could not be justified by the country's historical firearm regulations.

This ruling does not raise concerns regarding the applicability of the Illinois Firearm Concealed Carry Act (430 ILCS 66/et seq.). Illinois follows a system where firearms are presumptively allowed on private property unless the owner posts statutorily prescribed signage prohibiting them. This is consistent with the common law presumption. Hawaii took the opposite approach, presumptively prohibiting firearms on private property by requiring signage indicating that carrying firearms was authorized. Illinois law requires that property owners take affirmative steps to exclude firearms, whereas Hawaii’s approach required that property owners take affirmative steps to allow them.

This decision impacts California, Maryland, New York, and New Jersey, which have laws similar to Hawaii’s.

Post Authored by Luigi Laudando & Dan Bolin, Ancel Glink

PAC Finds Police Department Violated FOIA in Withholding Investigative Records

A news media requester submitted a FOIA request to a police department seeking records related to an investigation of an arrested individual for a domestic incident. The department entirely denied its responsive records to the request citing FOIA’s personal privacy exemption in Section 7(1)(c) of FOIA. After the requester submitted a request for review to the Illinois Attorney General’s Public Access Counselor (PAC) challenging the denial, the PAC issued its sixth binding opinion of 2026 concluding that the department improperly withheld its responsive records. PAC Op. 26-006

The PAC first noted that previous PAC opinions were clear that there is a strong public interest in the disclosure of information concerning arrests that outweighs an arrestee's right to privacy. Also, because the requester is a news reporter seeking to report about a matter of high public interest (the arrest of a police officer), there was a heightened public interest in disclosure of information regarding this arrest.

Because the department’s records contain information that was incidental or had no bearing on the arrest or circumstances leading to the arrest, including the names and personally identifying information (contact information, nature of relationship with arrestee) of witnesses and third parties, the PAC determined that the department was authorized to redact that personal information pursuant to Section 7(1)(c) of FOIA. However, the department was required to release the remaining non-exempt parts of its responsive records to the request.

Post Authored by Eugene Bolotnikov, Ancel Glink

Municipal Minute