No Violation of FOIA Where Records Not in Possession of Responding Public Body and more...

No Violation of FOIA Where Records Not in Possession of Responding Public Body

An Illinois Appellate Court rejected an inmate's claims in a FOIA lawsuit against a sheriff's department in King v. Livingston County Sheriff's Office.

An inmate filed a FOIA request with a sheriff's office seeking records pertaining to racial profiling by a specific police officer. The sheriff's office responded that it had no responsive records because the officer was not employed by the sheriff's office but a city police department. The inmate sued, and the circuit court ruled in favor of the sheriff's office. On appeal, the Appellate Court also found no violation of FOIA in the sheriff's office's response, holding that the "nonexistence of requested documents is a cognizable affirmative defense" to a FOIA claim. In this case, the sheriff's office was not in possession of the requested record at the time of the request, so there was no FOIA violation in its response to the inmate's request.

Governor Signs Bill Requiring Libraries and Other Facilities to Post Suicide Hotline (9-8-8) Information

On August 7, 2026, Governor Pritzker signed Public Act 104-0808 into law, also referred to as Tammurra's Act (Act). The Act applies to various facilities and institutions, including libraries established under the Local Library Act and Public Library District Act of 1991, county shelter care homes, public institutions of higher education, and licensed day care centers. The Act takes effect on January 1, 2027.

The Act requires that contact information for the 9-8-8 National Suicide Prevention Lifeline be posted in these facilities “in a prominent location that is visible to and accessible by” patrons and users. The 9-8-8 Lifeline is a free, nationwide resource administered by the Substance Abuse and Mental Health Services Administration of the federal government (SAMHSA). While the Act does not specify what contact information must be posted, the 9-8-8 Lifeline allows individuals seeking assistance to call, text, or “chat” online.

The 9-8-8 Lifeline website (linked above) has many resources readers can consult, including FAQs, a glossary of terms, and information regarding services available to individuals. Notably, the website offers free print materials that include contact information for those seeking assistance.

Post Authored by Erin Monforti, Ancel Glink

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City Not Liable for Damages in Failed Sale of City Land

An Illinois Appellate Court upheld the dismissal of a lawsuit claiming a city was responsible for damages relating to a failed sale of city land because of alleged verbal promises of a city employee. Arroyo et al. v. City of Chicago.

According to the lawsuit, the city economic development coordinator met with a potential purchaser of property that was owned by the city. The city entered into a right of entry agreement allowing the potential purchaser to access the properties to conduct due diligence. However, the parties did not enter into a purchase and sale agreement for the sale of the property. The potential purchaser retained consultants to conduct investigations of soil and other conditions of the property. The potential purchaser claims that the city employee assured him that the city would sell the property to him, but when he was not provided with an appraisal by the city to complete the negotiations for the purchase, he filed a lawsuit seeking $500,000 in damages from the city for the investigations. The circuit court dismissed the case, and he appealed.

The Appellate Court upheld the dismissal. First, the Court held that there could be no "implied-in-fact contract" under a promissory estoppel theory because the city could not be bound by a contract that does not comply with legal requirements for a valid contract. Here, city ordinances provided that only the city council had the authority to sell city land, so any promises made by a city employee were void and unenforceable.

Second, it was not reasonable for the plaintiff to rely on assurances from a city employee who did not have actual authority to bind the city.

Third, the Court noted that verbal contracts for the sale of land are unenforceable.

Finally, the Court held that the right of entry agreement that the parties did enter into did not provide for compensation to the plaintiff for his due diligence efforts, which were conducted to benefit the plaintiff, and not the city.

7th Circuit Addresses First Amendment Challenge to Town's Deletion of Comments on Website

In Schulte v. Leners, et al., the 7th Circuit Court of Appeals addressed a challenge to a municipal official's deletion of critical comments on the town's website, as well as the town's decision to entirely shut down future comments on its website.

A Wisconsin town maintained a website where it posted agendas and updates on pending town activities and business. The website allowed members of the public to comment on individual town posts, and many members of the public did express their opinions in the comment sections. The town did not have a policy to limit who could comment or what commenters could post. In 2022, the chairman of the town board posted on the website a notice criticizing the use of RVs in the town and advocating for greater regulations. A member of the public who owns an RV posted a comment disagreeing with the chairman's post, and other members of the public also took issue with the post. The chairman replied to one of the critical comments calling the comment disrespectful, and the commenter replied. The chairman then deleted the commenter's reply, as well as all other critical comments to the chairman's original post. A month or so later, the town board voted to end comment sections entirely on its website.

The original commenter sued, claiming the town and the town board chairman violated her First Amendment right to free speech by engaging in "viewpoint discrimination" in deleting her comments. She also claimed the town retaliated against her when it shut down all comments on the website. The chairman filed a motion to dismiss her case claiming he had qualified immunity for his actions. The district court denied the motion, rejecting the chairman's qualified immunity argument.

On appeal, the 7th Circuit agreed with the district court that the town chairman did not have qualified immunity for his actions in deleting the critical comments from his original post. The Court first determined that the comment section of the town's website was a public forum (at least during the time it was open to the public), and the town could not discriminate based on viewpoint, which the Court found the chairman did in deleting all critical comments from the original post. The Court likened the town's website that allowed comments to a social media site, noting there were numerous cases finding that public comment sections are a public forum subject to the First Amendment. The Court also rejected the town's argument that the website was "government speech," finding that the comment section of the website operated as a public forum for people to express opinions about government actions. The Court also noted that the town had no policy to control comments, which defeated any "government speech" argument. In sum, the Court found that because no reasonable official could have concluded that it was legal to selectively delete speech based on viewpoint, the chairman was not entitled to qualified immunity for his actions in deleting the critical comments.

The Court did not address the chairman's argument that he had qualified immunity for the town's decision to shut down comments entirely because it was not part of the district court's qualified-immunity analysis. So, we did not get a clear indication of how the 7th Circuit would rule on that particular issue. However, the Court did give a hint how it might analyze this issue in the following statement:

Just as the government can designate a forum on its previously nonpublic property, it reserves the right to close the forum at any time.

This statement suggests that governments might be able to shut down comments entirely in a designated public forum like a website that allows comments or a social media page. However, because this statement was in the nature of "dicta," governments should consult with legal counsel before deciding to shut down comments entirely in a designated public forum.

Quorum Forum Podcast Ep. 108: Election Special!

Ancel Glink released Quorum Forum Podcast Episode 108: Quorum Forum 108: Election Special!

Summer of 2026 is upon us, and election season is kicking off as spirited candidates, trusted election authorities, and municipalities across Illinois seek to address a host of complex issues. Local election officials and electoral boards have many responsibilities to make elections happen, from processing nomination papers to convening quasi-adjudicative hearings. Meanwhile, local governments must navigate the enforcement of political sign regulations, electioneering laws, and the strict rules governing the use of public funds in referenda.

To help listeners tackle these issues, Ancel Glink’s Erin Monforti and Katie Nagy revisit classic insights from equity partner Keri-Lyn Krafthefer and provide vital updates for the 2027 Consolidated Election cycle.

In This Episode

Independent vs. Nonpartisan Candidates: Understand the critical legal distinctions between these two types of candidates and how they appear on the ballot.
The 2027 Election Timeline: Key dates for the February 23, 2027, Consolidated Primary and the April 6, 2027, Consolidated Election, including petition circulation and filing windows.
Objection Procedures & "Business Days": How to calculate the five-business-day objection deadline, especially with the Thanksgiving 2026 holiday.
Electoral Board Mechanics: A deep dive into the "24-hour call" rule, the composition of the board, and the requirement to deliberate in open session.
Strategic Scheduling: Practical advice for clerks on the "strategic receipt" of objection petitions to ensure boards can meet within statutory deadlines.
Setting Compensation: Why local governments must set compensation for newly elected officials at least 180 days before their terms begin.
New Laws: Updates on Public Act 104-443 (redacting candidate addresses) and Public Act 104-438 (prohibiting meetings on election days).
Public Funds & Referenda: Guidelines on what constitutes "factual information" versus prohibited advocacy when units of local government are involved in public questions.
FOIA & Arrest Records: A review of PAC Opinion 26-006 regarding the public’s right to access arrest records involving public figures.

Municipal Minute