West-View News hits news stands

Judy Brown-Marino has expanded her newspaper to include Westchester as well as Broadview.

The issue dated July 25, 2007 has a number of stories and columns that caught my attention.

"Broadview Sued Over Strip Club" (page 1) covers Chicago Joe's Tea Room suing the Village of Broadview in federal court.

The Complaint charges that Broadview's zoning laws are unconstitutional and violate the plaintiffs [sic] First Amendment rights....

The introduction of the Complaint reads, "This case results from an attempt by local officials's misuse of their power to censor speech and other expression with which they disagree. Defendants have imposed a unconstitutional prior restraint on the dissemination of erotic speech through Broadview licensing and zoning ordinances in violation of the First Amendment..."

Starting on page two the paper includes summaries of village meetings in Broadview and Westchester, including citizen comments. I expect that there's a reason other newspapers don't use this format. While it's truer to what happened at meetings than the traditional way reporters write about local meetings it's not as readable.

Judy Brown-Marino has a column expressing skepticism about Broadview considering one or two more TIF (tax increment financing) districts.

TIF Funds are not money sent from heaven. The money diverted into TIF's would otherwise go to the taxing bodies like the School, Library and Park Districts as well as to the Village itself.

I am disappointed in the school, library and park Boards and especially in their attorneys for not doing their jobs to protect their much needed revenue.

One additional issue about TIFs is that they let current elected officials borrow against future revenue to implement big projects today. Sometimes this is appropriate and sometimes this is just putting money in the pockets of politically connected developers.

I also have a column in the paper. I will have a regular column under the name "Probing Proviso".

You can get a copy of the paper at the following locations:
Broadview Village Hall
Westchester Village Hall
Broadview Public Library
Broadview Park District
Marquee Restaurant
Le Petite Cafe
Cookie Outlet
The Epicurean Restaurant
Westchester Citgo
Joe's Place
Sawa's Old Warsaw
Paul's Pizza
White Hen, 10235 Roosevelt
Gobber Real Estate
American Car Center

If you want to suggest a location, call (708)945-4942.

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.

GOV, proposed statement for Broadview hearing on strip club & bar [BV, W]

Monday, March 5, the Village of Broadview board of trustees will consider the application of Chicago Joe's Tea Room, LLC, to for a special use permit to operate a 24/7 strip club & bar.

I can't be there, but I hope someone makes a statement like this...

“I am concerned that Odelson & Sterk have a conflict of interest because of the financial interconnectedness of Odelson & Sterk with James J. Roche & Associates and the individual lawyers who work there.

“While Roche is not the lawyer for Chicago Joe’s Team Room in this matter, he remains listed as the agent for Chicago Joe’s Team Room.

“When Joe Inovskis testified before the plan commission and the zoning board he said that he owned the entire corporation, Chicago Joe’s Team Room, and he described Roche as one of the lawyers who works for him.

“Odelson & Sterk makes considerable money working for James J. Roche & Associates’ Emanuel “Chris” Welch (in his capacity as president of the Proviso Township High Schools board of education). Further, the firms refer work to each other, for example in Orland Hills.

“Recently Burt Odelson and Mark Sterk supervised the lotteries for school board candidates in both District 89 (Maywood and Melrose Park). In both lotteries all the top ballot positions went to allies of Chris Welch. In both cases there were allegations the lotteries were conducted improperly and some people feel Odelson and Sterk implemented rigged lotteries.

“Given these existing relationships between the firm representing the Village of Broadview and one of the firms representing Chicago Joe’s Tea Room I recommend the Village of Broadview table this issue until another firm is hired to replace Odelson & Sterk in this matter.”

GOV, Broadview zoning board of appeals and planning commission consider strip bar [BV, W]

Over 130 people formed an overflow crowd at the Broadview village meeting room.


This is Joe Inovskis talking to David Pollard of the Pioneer Press.

I've been to some heated local government meetings, including Oak Park's testimony over whether to have a domestic partnership registry. The level of emotion at last night's meeting in Broadview exceeded anything I'd witnessed. People were angry in the way they get when they are serious about. It wasn't the posturing for effect; these people were deeply opposed to Joe Inovskis' proposed strip bar.

Some people raised the issue of morality, but some the residents opposing the strip bar included nurse who worked through school as a dancer, a strip club patron, a guy who grew-up near strip clubs in Melrose Park and Stone Park and a guy who used to work security in a strip club. The Westchester residents were convinced the strip bar would reduce property values. A Westchester man who worked in the mortgage industry said his lenders do not write mortgages on properties too close to strip clubs.

James J. Roche & Associates did not serve as Inovskis' lawyer.

I was also impressed with how vague Inovskis' plan was. The formal request was basically a blank check for a 24/7 17,000+ square foot club with no restrictions.

In his supplemental testimony he tried to portray it as Gibson's Steakhouse with tits.

Inovskis brought an engineer and his head of security, Kenny Tsai. Tsai was cocky and probably hurt his "bosses" case. When asked about his credentials to do security work he started talking about his father being a grandmaster in China--I suspect he meant Taiwan--and his father serving in the Chinese military.

[UPDATE: Chicago Tribune (Matt Baron) covers the story.

Other than Inovskis and his consultants, nobody voiced support for the plan. In an interview during a break, Inovskis acknowledged that he expected opposition. But he expressed surprise at its ferocity.

[Baron quotes Brian Cross, but missed Cross' strongest words, "You want to ruin my dream [of owning a home]." Cross was one of the many who seemed genuinely pissed, like he was taking the proposal personally.]

GOV, zoning application for Westchester strip club [BV, W]

On Wednesday evening the Village of Broadview will hold hearings into a proposal to open a 24/7 adult entertainment venue (aka strip club) south of the Eisenhower and east of Gardener Road. h/t to Westchester Trustee Rick Fox and Westchester Progressive Party for helping to publicize this story.

Under the earlier entry on this story I drew attention to the fact that the owner, Chicago Joe's Tea Room LLC, is represented by James J. Roche & Associates. Roche is the boss of Emanuel "Chris" Welch, the president of the school board of Proviso Township High Schools.

Someone claiming to be James J. Roche denied that his firm represented strip clubs. Technically, I suppose he has a point. The corporation hasn't become an adult entertainment venue yet, it's just an Illinois corporation.

However, the application to the Village of Broadview seems to show James J. Roche as the attorney. The only contact information provided on the application for the owner is Roche's contact information. And Roche is listed as the agent on the Secretary of State's website for the corporation.

A Proviso Probe source informed me that Burt Odelson is the attorney for the Village of Broadview. Odelson is a partner at Odelson & Sterk. Odelson & Sterk and James J. Roche & Associates find ways to enrich each other. So this looks like a situation where the attorneys are smoothing things out behind the scenes. Everybody can make money.

It seems likely that Broadview Village President Henry Vicenik is nervous about losing control of the board in this election. The Broadview TEA Party is running an opposition slate. While granting permission for a strip club will probably lose Vicenik's candidates some votes it will probably score them some major campaign contributions.

Below are the forms filed with the Village of Broadview so you can evaluate Roche's denials.




BTW, Roche denied that he will be at Wednesday's hearings. But his firm has other lawyers: Welch, Leeann Marie Crow, and Kelly Kathleen Kachmarik. Technically, Roche's law firm could represent the corporation without Roche being present.