E-Notice

2018-CH-06664
CALENDAR: 06
To: Mary Johanna Grieb
mary@shillerpreyar.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
SARAH OBERHOLTZER vs. CITY OF CHICAGO

The transmission was received on 05/23/2018 at 4:24 PM and was ACCEPTED with
the Clerk of the Circuit Court of Cook County on 05/24/2018 at 8:49 AM.

CHANCERY_ACTION_COVER_SHEET (CHANCERY DIVISION)

COMPLAINT

Filer's Email: mary@shillerpreyar.com

Filer's Fax: (773) 346-1221
Notice Date: 5/24/2018 8:49:50 AM
Total Pages: 5

DOROTHY BROWN
CLERK OF THE CIRCUIT COURT
COOK COUNTY
RICHARD J. DALEY CENTER, ROOM 1001
CHICAGO, IL 60602

(312) 603-5031
courtclerk@cookcountycourt.com
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2018-CH-06664
CALENDAR: 06
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CIRCUIT COURT OF
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COOK COUNTY, ILLINOIS
CHANCERY DIVISION
COUNTY DEPARTMENT, CHANCERY DIVISION CLERK DOROTHY BROWN
________________________________________________________________________
Sarah Oberholtzer, )
Kennedy Bartley, )
Melisa Stephen, ) Case No.
BLACK LIVES MATTER CHICAGO, and )
AMERICAN FRIENDS SERVICE )
COMMITTEE, )
Plaintiffs )
)
v. )
)
CITY OF CHICAGO, )
Defendant. )

COMPLAINT

NOW COME Plaintiffs, Sarah Oberholtzer, Kennedy Bartley, Melisa Stephen, BLACK

LIVES MATTER CHICAGO, and AMERICAN FRIENDS SERVICE COMMITTEE,

by and through one of their attorneys, Mary J. Grieb of the Shiller Preyar Law Offices,

complaining of the CITY OF CHICAGO, and in support thereof states as follows:

INTRODUCTION

1. This action is brought pursuant to Section 3 of the Open Meetings Act (“the

Act”), 5 ILCS 120/1 for violation of Sec. 2.06(g).

2. The Illinois Open Meetings Act provides that:

It is the public policy of this State that public bodies exist to aid in the
conduct of the people's business and that the people have a right to be
informed as to the conduct of their business. In order that the people shall
be informed, the General Assembly finds and declares that it is the intent
of this Act to ensure that the actions of public bodies be taken openly and
that their deliberations be conducted openly. 5 ILCS 120/1.

PARTIES

3. Plaintiff Sarah Oberholtzer is an individual who resides in Cook County, Illinois.

4. Plaintiff Kennedy Bartley is an individual who resides in Cook County, Illinois.

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 5. Plaintiff Melisa Stephen is an individual who resides in Cook County, Illinois.

6. Plaintiff BLACK LIVES MATTER CHICAGO is an organization based in Cook

County, Illinois. Individual members of Black Lives Matter Chicago live in or

regularly travel through Chicago and have been or are likely to be subjected to

future violations of the Open Meetings Act, as described herein. Black Lives

Matter Chicago participates as a plaintiff for purposes of securing declaratory and

injunctive relief.

7. Plaintiff AMERICAN FRIENDS SERVICE COMMITTEE is an organization

based in Cook County, Illinois. Individual members of American Friends Service

Committee live in or regularly travel through Chicago and have been or are likely
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to be subjected to future violations of the Open Meetings Act, as described herein.

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American Friends Service Committee participates as a plaintiff for purposes of

securing declaratory and injunctive relief.

8. Defendant CITY OF CHICAGO is a public body based in Cook County, Illinois.

STATEMENT OF FACTS

9. PLAINTIFFS Sarah Oberholtzer, Kennedy Bartley, Melisa Stephen, BLACK

LIVES MATTER CHICAGO, and AMERICAN FRIENDS SERVICE

COMMITTEE are members of the NoCopAcademy coalition opposed to the

building of a $95 million police academy in Garfield Park, a Chicago

neighborhood.

10. On May 22, 2018, at approximately 10:00 AM, the City Council Committee on

Budget and Government Operations called to order a scheduled, public meeting to

vote on, among other things, a proposed ordinance concerning the appropriation

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 of the proceeds of the sale of City owned property located at 1685 North Throop

Street.

11. The proposed ordinance is known as O2018-3823.

12. The proceeds of the sale are intended to fund the new police academy.

13. PLAINTIFFS Sarah Oberholtzer, Kennedy Bartley and Melisa Stephen attended

the meeting and planned to input public comment against the appropriation of

funds.

14. PLAINTIFFS complied with all rules established by the City Council for public

comment.

15. PLAINTIFFS Oberholtzer, Bartley and Stephen were present at the meeting and
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filled out witness slips.

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16. The meeting began at approximately 10:00 a.m.

17. The Chairman of the Committee called O2018-3823 first even though it was the

second item on the public agenda for the meeting.

18. The Chairman of the Committee quickly called for a vote on O2018-3823 after

the meeting began and did not allow any public comments on that proposed

ordinance.

19. The proposed ordinance was immediately recommended to pass without any

public comment allowed.

20. PLAINTIFFS never received an opportunity to make public comment before the

proposed ordinance was voted upon.

Violation of the Open Meetings Act

21. PLAINTIFFS re-allege and incorporate all previous paragraphs.

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 22. The Chicago City Council is a public body required to hold open meetings.

23. Under Sec 2.06(g) of the Open Meetings Act, any person shall be permitted an

opportunity to address public officials under the rules established and recorded by

the public body.

24. Defendant CITY OF CHICAGO denied PLAINTIFFS a fair and meaningful

opportunity to publicly address the Budget Committee regarding proposed

ordinance O2018-3823.

WHEREFORE, Plaintiffs pray that this Honorable Court:

a. Declare that CHICAGO CITY COUNCIL violated the Open Meetings Act by

failing to allow public comment prior to the vote on O2018-3823 on May 22, 2018;
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b. enjoin the CITY COUNCIL from violating the Open Meetings Act;
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c. declare null and void all actions taken at the May 22, 2018 Budget Committee

meeting;

d. award PLAINTIFFS reasonable attorneys’ fees and costs; and

e. award any relief this Court deems appropriate and just.

Respectfully Submitted,

By Their Attorneys:

s/Mary J. Grieb
Mary J. Grieb

s/April D. Preyar
April D. Preyar

The Shiller Preyar Law Offices

601 S. California
Chicago IL 60612
(312) 226-4590
Firm ID # 46648