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Proviso Probe

Thursday, May 17, 2007

LEGAL, is Chicago Joe's Tea Room suing Broadview?

The Westchester Progressive Party sent the following email.
While House Bill 1608 continues to move forward in Springfield, closer to home the applicant - Chicago Joe's Tea Room - has apparently filed suit against the Village of Broadview claiming his constitutional rights have been violated.

The Westchester Progressive Party warned of this scenario back in March after learning of a similar situation that occurred in south suburban Bedford Park (see below.) Even if HB 1608 passes and is signed into law, that is state law. If the applicant files suit in federal court, the state law doesn't apply - federal law does. The case doesn't have to have enough merit to actually win, simply enough to get Broadview's board to negotiate - and remember, those negotiations would be allowed to take place behind closed doors under the "Pending Litigation" exception to the Illinois Open Meetings Act.

Was Broadview Village Board vote really the end?
We are happy the Broadview Village Board voted to deny Chicago Joe’s Tea Room permission to locate a strip club on Gardner Road. At the same time, we worry that the board’s vote did not close the book on the subject.

The articles below that outline a very similar scenario in suburban Bedford Park shed some light on what could be happening here. Here is a summary of what occurred in Bedford Park.

BEDFORD PARK SUMMARY
Late 2004 - an applicant requested a special use permit to operate an adult use entertainment facility in Bedford Park. Said applicant originally requested to operate 24-hours with a liquor license The applicant said they would be operating “a high-quality restaurant not currently available in the village.” Applicant said they were attracted to the site because of its size and proximity to Midway Airport. Spring 2005 - Village of Bedford Park denies applicant’s request November 2006 - the Bedford Park Village Board approved an out-of-court agreement with the applicant Under the agreement, the company will pay the village $162,500 for a one-year adult license The owners will pay $150,000 annually to renew that license Mayor says he tried to stop this club from coming into Bedford Park but damages threatened in lawsuit were too risky Strip club expected to open later this year

BROADVIEW SUMMARY
February 28, 2007 - an applicant requested a special use permit to operate an adult use entertainment facility in Broadview. Said applicant originally requested to operate 24-hours with a liquor license The applicant said it would be operating “a high-quality restaurant not currently available in the village.” Applicant said they were attracted to the site because of its size and proximity to the expressway and downtown Chicago March 5, 2007 Village of Broadview denies applicant’s request

Are we heading down the same road? Will a cash-strapped Broadview reach an agreement good for them and bad for Westchester? The Westchester Progressive Party pledges to keep our eye on the ball and oppose this business with every means possible!

I have not confirmed or read the lawsuit.

The Village of Broadview rejected the application of Chicago Joe's Tea Room because village code prohibits combing adult entertainment with serving alcohol.

Discuss the possibility of Chicago Joe's Tea Room bring a lawsuit at All-Proviso Network.

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