City of Chicago police officers, in 2011, arrested numerous members of "Occupy Chicago" movement with violation of City ordinance which closes all Chicago public parks between 11 p.m. and 6 a.m. and prohibits people from being inside any park during those hours. City ordinance is not unconstitutional as applied to Defendants under article I, section 5, of the Illinois Constitution. Assembly clause of the Illinois Constitution may be considered in lockstep with corresponding clause in the 1st amendment. Defendants forfeited any challenge to appellate court’s application of 1st amendment jurisprudence and to its ultimate conclusion that ordinance is not unconstitutional as applied to them. (KARMEIER, FREEMAN, THOMAS, BURKE, and THEIS, concurring; KILBRIDE, dissenting.)
Illinois Supreme Court
Civil Court
First Amendment