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Left Field Media, LLC v. City of Chicago

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

August 28, 2015

LEFT FIELD MEDIA, LLC, Plaintiff,
v.
CITY OF CHICAGO and ELIAS VOULGARIS, Chicago Police Commander, Defendants

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          For Left Field Media LLC, Plaintiff: Adele D. Nicholas, LEAD ATTORNEY, Nicholas Law Office, Chicago, IL; Mark G. Weinberg, Attorney at Law, Chicago, IL; Neil S. Ament, Law Office of Neil S. Ament, Highland Park, IL.

         For City of Chicago, Elias Voulgaris, Chicago Police Commander, Defendants: Michael J. Dolesh, LEAD ATTORNEY, City of Chicago, Department of Law, Chicago, IL; Ellen Wight Mclaughlin, City Of Chicago Department Of Law, Chicago, IL; Margaret R. Sobota, City of Chicago, Department of Law, Constitutional and Commercial Litigation Division, Chicago, IL; Thomas P. McNulty, City of Chicago Department of Law, Constitutional Law and Commercial Litigation, Chicago, IL.

         MICHAEL T. MASON, United States Magistrate Judge. Judge Jorge L. Alonso.

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         AMENDED REPORT AND RECOMMENDATION[1]

         Michael T. Mason, United States Magistrate Judge:

         Currently pending before the Court is plaintiff Left Field Media's motion for preliminary injunction [33]. Left Field publishes a magazine called Chicago Baseball, which vendors offer for sale at home Cubs games primarily on the streets immediately adjacent to Wrigley Field. Plaintiff seeks to enjoin the City of Chicago from enforcing two of its peddling ordinances. For the reasons explained below, the Court respectfully recommends that the District Court deny plaintiff's motion for preliminary injunction.

         I. Background

         A. Procedural History

         On April 8, 2015, Left Field initiated this action against the City and former Commander of the 19th District, Elias Voulgaris (" Commander Voulgaris" ), seeking declaratory and injunctive relief. In its complaint, plaintiff brings First Amendment Challenges to three sections of the Chicago Municipal Code: Section 4-244-030, which prohibits all peddling on the public ways without a peddler's license (Count I); Section 4-244-140, which prohibits all peddling on the public ways immediately adjacent to Wrigley Field (Count II); and Section 10-8-520, which exempts newspapers from the general prohibitions on peddling (Count III). In Count IV, plaintiff asserts his claims against Commander Voulgaris in his individual capacity.

         After initiating this action, plaintiff quickly filed its motion for a temporary restraining order [5]. On April 10, 2015, the District Court granted plaintiff's motion and entered an order barring the City and Commander Voulgaris from interfering with plaintiff's access to the public sidewalks adjacent to Wrigley for purposes

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of selling Chicago Baseball [9]. The TRO has been extended on a few occasions so that these preliminary injunction proceedings could be resolved.[2] The preliminary injunction hearing was held before this ...


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