Public Act 99-352 enacted the Law Enforcement Officer-Worn Body Camera Act (“Body Camera Act”), effective January 1, 2016. It also made disclosure of body camera footage exempt from disclosure under the Freedom of Information Act (“FOIA”), “except to the extent authorized under [the Body Camera Act].” The Illinois Attorney General’s Office recently clarified – to some extent – just when disclosure of body camera footage might, in fact, be not ... Read More
Collins v. Virginia: Expanding Protections for the Owners of Derelict Vehicles
By: Michael R. Stiff Illinois state and federal courts have been ever expanding the protections afforded the owners of vehicles on private property, even when the vehicles are clearly abandoned and derelict. Municipalities with code enforcement issues relating to nuisance, abandoned, and derelict vehicles on private property must be aware of the Constitutional protections afforded to owners of these vehicles. In a recent United States Supreme ... Read More
Wholly-Bounded Annexations: Considerations and Pitfalls
By: Michael A. Santschi In General A municipal government, such as a village or city, generally has broad jurisdiction over all the territory within its “corporate boundaries.” The phrase, “corporate boundaries,” refers to outermost property lines of any parcels that have been “annexed” to the municipality. Thus, a municipality can “grow” over time by annexing new property and thus expanding its corporate boundaries. In Illinois, a ... Read More
Supreme Court of Illinois moves swiftly to uphold statutory ban on sex offenders or sexual predators in public parks
By: Michael R. Stiff In the Illinois Criminal Code, sexual predators and child sex offenders are prohibited from being present or loitering in or near public parks. 720 ILCS 5/11-9.4-1. For purposes of that ban, a public park is defined as a “park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.” The definitions in that section further state that to “loiter” includes ... Read More
State Tells Municipal Governments “Hands Off” When it Comes to Drone Regulation
The State of Illinois recently ended the debate as to whether local governments can regulate the use of drones. Pursuant to Public Act 100-0735, which became effective August 3rd, the State now preempts any local regulation of drones. Now codified as 620 ILCS 5/42.1 “Regulation of unmanned aircraft systems” under the Illinois Aeronautics Act, 620 ILCS 5/1, et al, the legislature has declared, “the regulation of an unmanned aircraft system is an ... Read More
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