Updates on cases, laws, and other topics of interest to local governments

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Updates on cases, laws, and other topics of interest to local governments

Wednesday, February 23, 2022

Court Finds FOIA and OMA Lawsuit Challenging Closed Session Was Properly Dismissed


An Illinois Appellate Court recently ruled in favor of a public body in a lawsuit claiming the public body violated the Open Meetings Act and FOIA relating to a closed session. Pal v. City of Elmhurst, 2022 IL App (2d) 210048-U.On June 15, 2020, a City Council went into closed session to discuss the pending retirement of a City director and whether to fill the soon-to-be vacant position....

Tuesday, February 22, 2022

Court Finds Public Body in Violation of FOIA in Withholding Citation Data


In 2018, a requestor submitted a FOIA request to a municipal finance department (“Department”) seeking an index of certain data from the City’s CANVAS system, which is used to store, process, and track citation information for parking tickets, speed-light camera tickets, stoplight traffic tickets, booting, and towing tickets. The Department denied the request, alleging that the requested records constitute...

Friday, February 18, 2022

Appellate Court Finds Appeal of TRO in School Mask Mandate Challenge "Moot"


Many have been following the lawsuit filed by parents against the Illinois Governor, the IDPH, and the Illinois State Board of Education, among others, that challenged the State of Illinois' school mask mandate that had been enacted by state agency emergency rules. On February 4, 2022, a Sangamon County Judge issued a temporary restraining order (TRO) declaring the emergency rule "null and void" and...

Wednesday, February 16, 2022

PAC Rejects Public Body's Use of "Investigatory Exemption"


The PAC issued its second binding opinion of 2022, concluding that a Village violated FOIA by failing to prove that certain records were exempt from disclosure under several FOIA investigative exemptions. PAC Op. 22-002In 2021, a not-for-profit organization that provides certain services to persons impacted sexual abuse submitted a FOIA request to a municipal police department seeking certain records...

Tuesday, February 15, 2022

TIF Bill Would Drastically Change Local Economic Development Authority


The Illinois General Assembly is currently considering legislation that would dramatically change how municipalities create and administer tax increment financing (TIF) districts. If approved, Senate Bill 2298 would (among other things):Cut the length of most new TIF districts from 23 years to 10 years.Revise statutory definitions to prohibit municipalities that are considering creating a new TIF...

Monday, February 14, 2022

City Council's Remote Meeting in Violation of Open Meetings Act


The Illinois Attorney General's Public Access Counselor (PAC) issued two new binding opinions recently, one dealing with remote meetings under OMA and one dealing with FOIA. We are reporting on the OMA opinion in today's post where the PAC found a City Council in violation of OMA for its remote meeting practices. PAC Op. 22-003. The opinion provides some guidance to public bodies on how the PAC interprets...

Monday, February 7, 2022

New Podcast Episode: Regulating Controversial Park Activities


Ancel Glink's Quorum Forum Podcast has released a new episode: Episode 61: Not in My Park! Regulating Controversial Park Activities.In this episode, Ancel Glink attorneys discuss surveillance, cannabis, guns, and other controversial activities regulated by park agencies. This episode was recorded at a session presented at the recent 2022 IAPD/IPRA Soaring to New Heights conferen...

Thursday, February 3, 2022

PPP Exclusion of Adult Entertainment Businesses Did Not Violate First Amendment


The Seventh Circuit Court of Appeals recently ruled against a group of adult entertainment businesses that had filed a lawsuit to challenge the Small Business Administration's denial of benefits to the businesses under the Paycheck Protection Program (PPP). Camelot Banquet Rooms v. United States Small Business Administration.When Congress enacted the PPP program to provide COVID relief funding to...

Tuesday, February 1, 2022

PAC Finds in Favor of Public Body in Appeal Involving Attorney-Client Privilege FOIA Exemption


In its first binding opinion of 2022, the PAC issued a binding opinion finding in favor of a public body in a FOIA appeal involving the attorney-client privilege exception of FOIA.In October 2021, a reporter submitted a FOIA request to a County State’s Attorney’s Office (SAO) seeking reports prepared by a State’s Attorney to County Board members regarding the use of county funds for certain purposes. The...