Protect Our Parks, Inc. v. Chi. Park Dist.

• Decision Date: 11 June 2019
• Docket Number: Case No. 18-cv-3424
• Parties: PROTECT OUR PARKS, INC., Charlotte Adelman, Maria Valencia, and Jeremiah Jurevis, Plaintiffs, v. CHICAGO PARK DISTRICT and City of Chicago, Defendants.
• Court: U.S. District Court — Northern District of Illinois

385 F.Supp.3d 662

PROTECT OUR PARKS, INC., Charlotte Adelman, Maria Valencia, and Jeremiah Jurevis, Plaintiffs,

v.CHICAGO PARK DISTRICT and City of Chicago, Defendants.

Case No. 18-cv-3424

United States District Court, N.D. Illinois, Eastern Division.

Signed June 11, 2019

Kenneth Young Hurst, Mark Daniel Roth, Roth Fioretti LLC, Chicago, IL, for Plaintiffs

Andrew W. Worseck, Justin Tresnowski, City of Chicago Department of Law, Elizabeth Meyer Pall, Richard W. Burke, Susan M. Horner, Joseph P. Roddy, Burke, Warren, MacKay & Serritella, P.C., John Lawrence Hendricks, Britt Marie Miller, Jed Wolf Glickstein, Michael Anthony Scodro, Mayer Brown LLP, Chicago, IL, for Defendants

MEMORANDUM OPINION AND ORDER

John Robert Blakey, United States District Judge This dispute arises out of the City of Chicago (City) and the Chicago Park District's (Park District) efforts to bring the Obama Presidential Center (OPC) to the City's South Side. Plaintiffs sue to prevent construction of the OPC on a specific site within Jackson Park. [91] ¶ 1. Following this Court's ruling on Defendants' Rule 12(b)(1) motion to dismiss, [92], the parties completed full discovery and filed cross-motions for summary judgment, [112] [122]. On June 11, 2019, this Court held a hearing, and heard oral argument only on those issues and counts which required consideration beyond the briefs.

This order addresses the merits of the case. In doing so, this Court faces the same challenge presented to the Illinois Supreme Court in Paepcke v. Public Building Commission of Chicago , 46 Ill.2d 330, 263 N.E.2d 11 (1970). As they put it:

[T]his court is fully aware of the fact that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary, in good faith and for the public good, to encroach to some extent upon lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. The courts can serve only as an instrument of determining legislative intent as evidenced by existing legislation measured against constitutional limitations. In this process the courts must deal with legislation as enacted and not with speculative considerations of legislative wisdom.

Id. at 21. With this principle in mind and for the sound reasons set forth below, this Court grants Defendants' motion for summary judgment, [122], and denies Plaintiffs' motion for summary judgment, [112]. The facts do not warrant a trial, and construction should commence without delay. This case is terminated.

I. Background

The following facts come from Plaintiffs' Rule 56.1 statement of facts, [112-1], Defendants' Rule 56.1 statement of facts, [124], Plaintiffs' statement of additional material facts, [136], and Defendants' statement of additional material facts, [139].¹

A. The Parties

Plaintiff Protect Our Parks, Inc. is a nonprofit park advocacy organization located in Chicago. [112-1] ¶ 1; [124] ¶ 1. Its members include individuals who reside in the City of Chicago and pay taxes to the City. Id. Plaintiff Adelman resides in Wilmette, Illinois. Id. Plaintiffs Valencia and Jurevis reside in the City of Chicago. Id.

Defendant Park District exists as a body politic and corporate entity established by Illinois law, pursuant to the Chicago Park District Act, 70 ILCS 1505/.01, et seq . [112-1] ¶ 2; [124] ¶ 2. Defendant City is a body politic and municipal corporation. [112-1] ¶ 3; [124] ¶ 3.

B. Selecting the OPC Site

In March 2014, the Barack Obama Foundation (Foundation) initiated a search for the future site of the OPC. [112-1] ¶ 4. Both the University of Chicago and the University of Illinois Chicago (UIC) proposed potential locations. Id. ¶¶ 5, 19. UIC proposed two sites, generally located at: (1) the North Lawndale neighborhood; and (2) the east end of the school's campus. Id. ¶ 19; [126-2] at 105098. The University of Chicago proposed three sites, generally located at: (1) the South Shore Cultural Center² ; (2) Jackson Park; and (3) Washington Park. [112-1] ¶ 5; [126-2] at 105098. At this time, the Park District owned both the Jackson Park and Washington Park parkland identified in the University of Chicago's proposal. [126-2] at 105098.

In addition to these sites, nine entities from several locations throughout the country submitted proposals for the OPC, resulting in a total of 14 potential sites. [112-1] ¶ 25. The Foundation performed an analysis of the proposals from all submitting entities, evaluating the sites based upon the following criteria:

• Project Site and Access: desirability of site, surrounding community, control of site, local accessibility, global accessibility

• Project Execution: education impact, tourism impact, economic development impact, enhancements to the physical environment

• Community Engagement: engagement plan, quality/breadth of partners, means of engagement

• Indications of Support: partnership structure, alignment of mission, financial capacity.

Id. ; [117-5] at 5. The Foundation assigned numerical scores to each site based upon the above evaluation criteria, and ranked the sites based upon these scores. [112-1] ¶ 26; [117-5] at 8-9. The Washington Park Site received the highest score at 122 out of 150; the Jackson Park site received the second highest score at 121 out of 150; and the UIC's proposed locations received a combined score of 120 out of 150, putting it in third place. Id.

On July 29, 2016, the Foundation issued a press release announcing that it chose Jackson Park as the OPC site. [124] ¶ 13; [114-16].

C. The OPC Site

i. Site Location

The site selected for the OPC within Jackson Park comprises 19.3 acres, or 3.5 percent of the 551.52 acres comprising Jackson Park. [124] ¶ 6. It lies on the western edge of Jackson Park and includes existing parkland bounded by South Stony Island Avenue to the west, East Midway Plaisance Drive North to the north, South Cornell Drive to the east, and South 62nd Street to the south. Id. ¶ 7. The OPC site also includes land within the park that currently exists as city streets: the portion of East Midway Plaisance Drive North between Stony Island Avenue and South Cornell Drive, and a portion of South Cornell Drive between East Midway Plaisance Drive South and East Hayes Drive. Id. As part of the OPC construction, these street portions would be closed and removed "to restore" the landscape's connection to the Lagoon and Lake." Id. ¶¶ 7, 40.

The site lies approximately half a mile from Lake Michigan, separated by: (1) six-lane Cornell Drive; (2) the lagoons and Wooded Island of Jackson Park; (3) Jackson Park's golf driving range and other grounds; (4) Lake Shore Drive; and (5) a pedestrian and bike path. Id. ¶ 7. It sits entirely above ground, although the parties dispute whether the site formerly sat beneath Lake Michigan. Id. ¶ 9; [136] ¶ 9 (Plaintiffs' response).

ii. Site Components

The OPC will consist of a campus containing open green space, a plaza, and four buildings: (1) the Museum Building; (2) the Forum Building; (3) a Library Building; and (4) a Program, Athletic, and Activity Center. [124] ¶¶ 23, 26. It will also include an underground parking garage. Id. ¶ 23.

[91] ¶ 50.

The Museum will comprise the OPC's principal building and "central mission." [124] ¶ 24. It seeks to "tell the stories of the first African American President and First Lady of the United States, their connection to Chicago, and the individuals, communities, and social currents that shaped their local and national journey." Id. ¶ 25. In doing so, the Museum will feature artifacts and records from President Obama's presidency, including items on loan from the National Archives and Records Administration (NARA). Id. ¶¶ 24-25; [125-5] (Exhibit D, Recital J).

The Forum Building will contain collaboration and creative spaces, including an auditorium, meeting rooms, recording and broadcasting studios, and a winter garden and restaurant. [124] ¶ 27.

The Library Building will include a branch of the Chicago Public Library and a President's Reading Room, featuring curated collections and displays of archival material, including digital access to Obama Administration records. Id. ¶ 28; [125-5] (Exhibit D, (Sub) Exhibit "C").

The Program, Athletic, and Activity Center will host public programs such as "presentations, events, athletics, and recreation." [124] ¶ 29; [125-5] (Exhibit D, (Sub) Exhibit "C").

The OPC's green space will include features such as: (1) play areas for children;

(2) "contemplative spaces for young and old"; (3) a sledding hill; (4) a sloped lawn for picnicking, recreation and community and special events; (5) walking paths; and (6) a nature walk along the lagoon. [124] ¶ 30. The Foundation will also "preserve and enhance" the existing Women's Garden and Lawn, keeping it open and available as green space. Id.

iii. Site Accessibility

According to the Use Agreement between the City and Foundation, discussed in detail below, the OPC buildings must "be open to the public at a minimum in a manner substantially consistent with the manner in which other Museums in the Parks are open to the public." Id. ¶ 26; [125-5] (Exhibit D, § 6.2(a)(i)). All other portions of the OPC, such as the green space, must remain open to the public during regular Park District hours. [124] ¶ 30; [125-5] (Exhibit D, § 6.2(a)(ii)).

The OPC will charge fees for entry into the Museum and for the parking garage. [112-1] ¶ 43. It will, however, provide free public access to many interior spaces within the OPC, including portions of the garden and plaza levels in the Museum Building and the top floor of the Museum Building. [124] ¶ 26. Moreover, the Foundation must operate the OPC in accordance with the free admission requirements of Illinois' Park District Aquarium and...