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KRIZEK v. BOARD OF EDUC. OF CICERO-STICKNEY TWP. H

April 24, 1989

GEORGINE KRIZEK, Plaintiff,
v.
THE BOARD OF EDUCATION OF CICERO-STICKNEY TOWNSHIP HIGH SCHOOL DISTRICT NO. 201, COOK COUNTY, ILLINOIS; EDMUND R. PARPART, Individually and as Superintendent of Schools of District 201; D. F. CINER, Individually and as Principal of J. Sterling Morton High School, West Campus; JOHN PELLEGRINI, FRANK CHOBAK, RICHARD M. WIEDENHOEFT, JOANNE ERTOLACCI, DENNIS R. MARKVART, GEORGE S. SCHVACH, and CAROLE WALSH, Individually and in their official capacities as Members of the Board of Education of District 201, Cook County, Illinois, Defendants



The opinion of the court was delivered by: NORGLE

 JUDGE CHARLES R. NORGLE:

 Before the court is plaintiff's motion for a preliminary injunction. Plaintiff moves to enjoin her former employer's decision not to renew her employment contract. For the following reasons, the motion is denied.

 FACTS

 The following facts are undisputed. Plaintiff, Georgine Krizek, was a non-tenured English teacher at Morton High School's West Campus in Berwyn, Illinois. She had previously been a tenured teacher at another school, but after changing jobs was hired as a non-tenured teacher under a one year employment contract which neither employer nor employee was obligated to renew. The contract was completed and not renewed.

 The court viewed the film in camera. The film was given an "R" rating (persons under 17 years of age not admitted without parent or guardian) by the Motion Pictures Association. The film is about an handsome young man who meets an attractive young woman at a single's bar. The two go home to his apartment and sleep together. The next morning, the young woman begins to leave, apparently believing that the encounter was a one night stand. However, the young man asks to see her again, and the two develop an ongoing relationship. The relationship lacks depth, in that the two do not share their feelings with each other or communicate well; the relationship is based on mutual physical attraction. Eventually, the woman moves in with the man, although they are unmarried. As the woman urges marriage, the man finds himself unwilling to accept commitment, and ends the relationship. Later, he decides that he wants to begin seeing her again. In the end, the two discuss the mistakes they made and the viewer is left with the implication that the relationship will resume in some form. The film also contains subplots involving the two main characters' best friends; a rowdy young man and a cynical young woman.

 The film contains a great deal of vulgarity and sexually explicit scenes. There are numerous scenes depiciting the couple engaging in sexual intercourse, in which bare breasts and buttocks are seen. One particularly explicit scene shows the couple having intercourse in a bathtub filled with sudsy water. The vulgarity consists of numerous uses of "swear words," and frequent explicit sexual references. For example, the film begins with the main male character having the following conversation with his best friend:

 1 So, tell me.

 2 What?

 1 About last night.

 2 Are you kiddin' me?

 1 Yeah.

 2 Are you fuckin' kiddin' me?

 1 Yeah.

 2 Are you pullin' my leg?

 1 So?

 2 So tits out to here, so.

 1 Here's so.

 2 Yeah?

 1 Yeah.

 2 Twenty couple of years old.

 1 You got to be foolin'.

 2 No.

 1 You devil.

 2 What, you think she hadn't been around?

 1 Yeah.

 2 Hadn't gone the route?

 1 She knew the route, didn't she?

 2 Are you fuckin' kiddin' me?

 2 Yeah.

 1 She wrote the route.

 1 No shit.

 2 So, tell me.

 1 So, okay, so where am I?

 2 So, you're probably at the pancake house.

 1 So, okay, I'm over at the pancake house. Who walks in over to the cash register but this chick.

 2 Right.

 1 That 19, 20-year old chick.

 2 Who we're talking about.

 1 She wants to buy a pack of Viceroys.

 2 Oh, I can believe it.

 1 Gets the smokes and does this number about how she forgot her purse up in her room.

 2 Up in her room?

 1 Yeah.

 2 Was she a pro?


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