Chicago Joe’s continues to give the Village of Broadview — and its Board of Trustees — all it can handle.
The self-proclaimed “Tea Room” applied for a special use permit to offer adult entertainment. Denied. A federal suit followed, alleging, among other things, that the zoning code violated the First Amendment. In the latest round, Judge Gottschall held that the trustees were not entitled to legislative immunity. But she didn’t stop there. The judge went on to hold that the trustees weren’t entitled to judicial immunity, either:
The absence of a requirement that Trustees give a reason for a special-use vote, coupled with the Illinois legislature’s decision to mandate that special use decisions be reviewed by Illinois courts under the deferential standard accorded to legislative acts, renders appellate review of special use votes too insubstantial a procedural safeguard to permit the extension of judicial immunity to the Trustees under Reed. Id. Absent any authority granting judicial or legislative immunity to municipal actors in the special use context, the court cannot shield the Trustees from liability.
I don’t no what the Village will do next.