DR. MARTIN LUTHER KING, JR., ETC. v. City of Chicago

• Decision Date: 13 September 1976
• Docket Number: No. 76 C 2923.,76 C 2923.
• Citation: 419 F. Supp. 667
• Parties: DR. MARTIN LUTHER KING, JR. MOVEMENT, INC., et al., Plaintiffs, v. CITY OF CHICAGO, an Illinois Municipal Corporation, et al., Defendants, The Southwest Parish and Neighborhood Federation, an Illinois Corporation, et al., Intervening Petitioners, as Defendants.
• Court: U.S. District Court — Northern District of Illinois

419 F. Supp. 667

DR. MARTIN LUTHER KING, JR. MOVEMENT, INC., et al., Plaintiffs, v. CITY OF CHICAGO, an Illinois Municipal Corporation, et al., Defendants The Southwest Parish and Neighborhood Federation, an Illinois Corporation, et al., Intervening Petitioners, as Defendants.

No. 76 C 2923.

United States District Court, N. D. Illinois, E. D.

September 13, 1976.

COPYRIGHT MATERIAL OMITTED

Edward T. Stein, Singer, Stein & Green, Val R. Klink, Klink & Moscovitch, David C. Thomas, Clarke, Thomas & Piers, Synek, Bishart & Porikos, Chicago, Ill., for plaintiffs.

William R. Quinlan, Corp. Counsel, Richard J. Troy, Chicago Park Dist., Chicago, Ill., for defendants.

Memorandum

LEIGHTON, District Judge.

I.

This is a suit by the Dr. Martin Luther King, Jr. Movement, Inc. and two individuals, against the City of Chicago, the Chicago Park District and certain officials of both municipal corporations. The relief sought are injunctive relief, declaratory judgment and damages to prevent, declare unconstitutional and compensate plaintiffs for alleged deprivations, by state officials, of rights to freedom of speech and assembly secured by the First and Fourteenth Amendments to the United States Constitution. Jurisdiction of this court is invoked under 42 U.S.C. §§ 1981, 1983, 1985; the federal question jurisdictional provisions, 28 U.S.C. §§ 1331, 1343; the all writs section, 28 U.S.C. § 1651; and the Declaratory Judgments Act, 28 U.S.C. §§ 2201 and 2202. The matter in controversy is alleged to exceed, exclusive of interests and costs, the sum of $10,000.

On motion, the court has allowed the Southwest Parish and Neighborhood Federation, an Illinois corporation, William Goetz and Gail Cichanowski, to intervene in these proceedings as defendants. The cause has come for hearing on plaintiffs' and intervenors' applications for a temporary restraining order, or in the alternative, for a preliminary injunction. From the testimony of witnesses and exhibits offered and received, the court finds that the following are the facts.

II.

Plaintiff Dr. Martin Luther King, Jr. Movement, Inc., is a not-for-profit Illinois corporation whose purposes are to bring world peace and help all people enforce equal opportunities under God's will. It proclaims these purposes by the use of marches, rallies and assemblies in order to communicate with citizens, have them join in the effort to get open housing, end segregation in schools, obtain employment for all, but particularly for those who are black. The individual plaintiffs, Reverend Alexander I. Dunlap and Reverend Edgar Jackson, are, respectively, president, executive secretary and director of the corporate plaintiff.

Defendant City of Chicago is an Illinois municipal corporation. Under the state code, it has the power to regulate the use of city streets and public ways for marches and parades. Accordingly, it has adopted municipal code Section 36-31 which states that no parade, public assembly, or similar activity, shall be permitted on any Chicago street unless a permit is obtained from the Department of Streets and Sanitation. After detailing how such permits are obtained, the code provides that an application therefor must be filed at least seven days before the date of the proposed parade or public assembly. When this is done, the Commissioner of Streets and Sanitation shall investigate the facts and issue the permit. Two subsections of the code further provide that:

f. The Commissioner of Streets and Sanitation shall act upon the application for parade or public assembly permit within two (2) days after the filing thereof. If the Commissioner disapproves the application, he shall mail to the applicant within two (2) days after the date upon which the application was filed, a notice of his action, stating the facts and conclusions which are the basis for his denial of the permit. Any applicant who believes that his application is wrongfully disapproved may appeal to the Mayor the propriety of said action. Upon the filing of such appeal, the Mayor shall cause a hearing to be held and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the Commissioner of Streets and Sanitation. The action of the Mayor shall be subject to Judicial Review in accordance with the provisions of the Administrative Review Act. In the event that the Commissioner fails to act within two (2) days after the date upon which the application was filed, said application for a permit shall be deemed approved and the permit deemed granted in conformance with the application.

g. The Commissioner of Streets and Sanitation in denying an application for a parade or public assembly permit, shall be empowered to authorize the conduct of a parade or public assembly on a date, at a time, at a location or over a route different from that named by the applicant. An applicant desiring to accept an alternate parade or public assembly permit shall, within two (2) days after notice of the action by the Commissioner of Streets and Sanitation, file a written notice of acceptance with the Commissioner of Streets and Sanitation. An alternate parade or public assembly permit shall conform to the requirements of and shall have the effect of a parade or public assembly permit.

In the city of Chicago, public parks are under the jurisdiction and control of defendant Chicago Park District. Anyone who desires to parade to and conduct an assembly in a park must obtain a parade permit from the city of Chicago for the use of its streets and public ways and a permit from the Chicago Park District to use the park. The District, as authorized by statute, has adopted rules and regulations governing applications for such permits. Generally, a form is obtained either at the park in question, or at the District's central office. Under Illinois law, use of a public park without a permit from the responsible park district is illegal.

There are a number of public parks in the city of Chicago. Among them are Ogden, Lindbloom, and Marquette Parks. Ogden and Lindbloom are in a section of Chicago that is surrounded by residences entirely occupied by persons who are of the Negro race. Marquette Park is in a section of Chicago surrounded by residences that are almost entirely occupied by persons of the Caucasian race. During recent years, a few Negro families have moved into residential areas near Marquette Park. During the same period, Negroes who have either driven their automobiles through areas near Marquette Park or who have moved or attempted to move into residences in that area, have been the objects of attacks by unknown persons armed with bombs, bricks and bats.

Beginning early in 1976, the plaintiff Dr. Martin Luther King Movement, through its officers and supported by its members, decided on a series of marches and assemblies to protest and demonstrate against the occurrences at or near Marquette Park. Acting through authorized representatives, it applied to the Department of Streets and Sanitation of the city of Chicago for a permit which would have allowed 250 persons to parade, march to and assemble in the park on June 26, 1976. The application was denied because it was "* * * the opinion of the Bureau of Street Traffic that the proposed event would inconvenience a large number of the traveling public. In addition, recent occurrences in the vicinity have precipitated a highly emotional condition in the area and would require the Police Department to supply a large amount of personnel to properly protect participants in the activity." Thereafter, plaintiffs made another application for a permit that would have allowed 250 persons to parade, march to and assemble in Marquette Park on Saturday, July 10, 1976. In response to this application, plaintiffs received a letter from the Department of Streets and Sanitation which, in part, told them:

Please be informed that you indicated an interim assembly area as Marquette Park. The Department of Streets and Sanitation does not have jurisdiction over these facilities and authorization must be received from the Chicago Park District.

In addition the movement of traffic in this area is critical on Saturdays and it is the opinion of the Bureau of Street Traffic that the proposed event would inconvenience a large number of the traveling public.

Finally, recent occurrences in the vicinity have precipitated a highly emotional condition in the area and would require the Police Department to supply a large amount of personnel to properly protect participants in the activity.

The Department of Police has informed us that they do not have the available manpower for this purpose.

In view of the above and in accordance with Section 36-31 of the Municipal Code of Chicago we must deny your request.

Plaintiffs then filed a suit in this court alleging infringement of their constitutional rights. When they moved for a temporary restraining order or, in the alternative, for a preliminary injunction, the case was continued. They took an appeal which resulted in an order directing that plaintiffs be given an immediate hearing. This was done; and Judge John F. Grady of this court issued an order that enjoined any interference by city or park officials with plaintiffs' march to and assembly in Marquette Park on July 17, 1976. The order restricted the parade to a group of 250 persons.

On the designated day, and at the appointed time, a parade of some 225 to 275 persons proceeded on the march as authorized. At or near Marquette Park, sometime between 2 and 4 p. m. on July 17, 1976, bystanders, spectators and persons unknown began throwing rocks, bricks, pieces of concrete and explosive devices at the marchers. The plaintiff corporation, its members and supporters, the persons in the march, did not commit any act of violence nor provoke any disturbance. Thirty-one police officers were injured; private property along the march route was damaged; fifty-two adults...