Eagle Books, Inc. v. Jones

474 N.E.2d 444, 130 Ill. App. 3d 407, 85 Ill. Dec. 716, 1985 Ill. App. LEXIS 1537
CourtAppellate Court of Illinois
DecidedJanuary 30, 1985
Docket4-84-0591
StatusPublished
Cited by18 cases

This text of 474 N.E.2d 444 (Eagle Books, Inc. v. Jones) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eagle Books, Inc. v. Jones, 474 N.E.2d 444, 130 Ill. App. 3d 407, 85 Ill. Dec. 716, 1985 Ill. App. LEXIS 1537 (Ill. Ct. App. 1985).

Opinion

JUSTICE MILLS

delivered the opinion of the court:

Pornography is, at best, a seamy business.

But as distasteful as it may be to most of us, it is still legal to traffic in it—at least as of this writing.

Eagle Books/Urbana News is an adult bookstore. It filed a complaint on August 3, 1984, seeking preliminary and permanent injunctive relief from certain picketing activities which defendants conducted at plaintiff’s business premises. On August 7, 1984, a hearing was held, and the circuit court preliminarily enjoined defendants from trespassing on plaintiff’s business premises and from blocking access to the business.

However, the court denied the bookstore’s request that defendants be enjoined from harassing and intimidating its patrons and employees through the use of shouts, verbal abuse, and through the taking of photographs or license plate numbers, or the threatened taking of photographs or license plate numbers. Plaintiff’s requests that the number of picketers be limited and that they be restrained from interfering with traffic in front of plaintiff’s store were also denied.

The bookstore now brings this interlocutory appeal from that part of the court’s order which denied portions of its request for preliminary injunctive relief.

We affirm.

The complaint stated that plaintiff owns and operates an adult bookstore and arcade located at the corner of Cunningham Avenue and Park Street in Urbana. Parking is available on three sides of the store, and a public sidewalk is located along Cunningham Avenue, approximately 20 to 30 feet from the store.

The complaint alleged that defendants had engaged in picketing activities at plaintiff’s business premises since late June 1984. The number of picketers had ranged from four to 20, with the picketing being conducted mainly during the lunch hour on weekdays, during the evenings on weekdays, and on Saturdays.

Plaintiff attached to its complaint two newspaper articles which contained statements alleged to have been made by defendants indicating that the purpose of the picketing was to force plaintiff to close its store by discouraging patrons from entering the premises. Defendant Richard Jones was quoted as stating that “anybody who does not want their picture taken had better not come here.”

Plaintiff alleged thát the defendants had been harassing and intimidating its patrons, potential patrons, and employees by taking photographs, threatening to take photographs, threatening to publish photographs, taking license plate numbers, threatening to take license plate numbers, shouting, and verbal abuse. Several specific incidents were alleged, including one involving a patron towards whom the defendants had directed a chant while he was in the store, and another involving derogatory comments by a picketer directed at a female employee. The plaintiff also alleged that one patron shoved a picketer who “jumped” in front of him to take his picture. Numerous trespasses were also alleged. It was alleged that the number of picketers was such that entry into plaintiff’s parking area was impeded and discouraged. Plaintiff also claimed that traffic on Cunningham Avenue was interfered with.

Plaintiff alleged “numerous” calls to the Urbana police department with no resulting charges. It further complained of a substantial loss of revenue during the period in which the picketing had been conducted. Plaintiff sought preliminary and permanent injunctive relief from the activities of the defendants.

On August 7, 1984, defendants filed an “Objection to Issuance of Temporary Restraining Order or Preliminary Injunction.” They claimed therein that the allegations in the complaint were insufficient to support the issuance of a preliminary injunction.

Also on August 7, 1984, a hearing was held on plaintiffs request for a preliminary injunction. After the hearing, the court enjoined the defendants from trespassing and from blocking access to plaintiff’s premises. However, all other aspects of plaintiff’s request for preliminary injunctive relief were denied. Plaintiff subsequently filed timely notice of interlocutory appeal, pursuant to Supreme Court Rule 307(a)(1) (87 Ill. 2d R. 307(a)(1)).

On appeal, plaintiff alleges that the circuit court improperly denied plaintiff’s request that defendants be enjoined from harassing and intimidating its patrons and employees through the use of shouts, verbal abuse, and by taking photographs, threatening to take photographs, threatening to publish photographs, taking license plate numbers, and threatening to take license plate numbers. Plaintiff also claims that the trial court erred by failing to preliminarily enjoin defendants from interfering with traffic on Cunningham Avenue and by failing to limit the number of picketers. Defendants respond that the trial court’s decision was not error, primarily because plaintiff failed to show a likelihood of success on the merits of its requests.

The party requesting a preliminary injunction must show: (1) that he possesses a right which needs protection; (2) that he will suffer irreparable injury without the protection; (3) that there is no adequate remedy at law; (4) that he has a substantial likelihood of succeeding on the merits; and (5) in the absence of preliminary relief, he will incur a greater injury than would be received by the objector if the relief was granted. (Johnson v. Gene’s Supermarket, Inc. (1983), 117 Ill. App. 3d 295, 453 N.E.2d 83.) The purpose of a preliminary injunction is to preserve the status quo. (Illinois Consolidated Telephone Co. v. Aircall Communications, Inc. (1981), 101 Ill. App. 3d 767, 428 N.E.2d 747.) On review, the decision of the circuit court in granting or denying a request for preliminary injunction will not be disturbed absent an abuse of discretion, Lums Restaurant Corp. v. Bloomington Restaurant Investments, Inc. (1981), 92 Ill. App. 3d 1143, 416 N.E.2d 751.

Here, plaintiff claims that it has properly established each of the above-listed, required showings. Defendants do not argue that requirements (1) and (5) were not established. However, they do argue that plaintiff failed to establish irreparable injury, an inadequate remedy at law, and a likelihood of success on the merits. Defendants concede that all of plaintiffs well-pleaded facts must be taken as true since an answer to the complaint had not been filed at the time of the hearing. See Johnson v. Gene’s Supermarket, Inc. (1983), 117 Ill. App. 3d 295, 453 N.E.2d 83.

Without any citation to authority, defendants claim that plaintiff has failed to demonstrate irreparable injury.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Central Water Works Supply, Inc. v. Fisher
608 N.E.2d 618 (Appellate Court of Illinois, 1993)
Continental Cablevision of Cook County, Inc. v. Miller
606 N.E.2d 587 (Appellate Court of Illinois, 1992)
In Re Marriage of Joerger
581 N.E.2d 1219 (Appellate Court of Illinois, 1991)
Wilson v. Wilson
577 N.E.2d 1323 (Appellate Court of Illinois, 1991)
Hartlein v. Illinois Power Co.
568 N.E.2d 520 (Appellate Court of Illinois, 1991)
Hough v. Weber
560 N.E.2d 5 (Appellate Court of Illinois, 1990)
Petrzilka v. Gorscak
556 N.E.2d 1265 (Appellate Court of Illinois, 1990)
Gold v. Ziff Communications Co.
553 N.E.2d 404 (Appellate Court of Illinois, 1989)
Falcon, Ltd. v. Corr's Natural Beverages, Inc.
520 N.E.2d 831 (Appellate Court of Illinois, 1987)
Shodeen v. Chicago Title & Trust Co.
515 N.E.2d 1339 (Appellate Court of Illinois, 1987)
Clifton, Gunderson & Co. v. Richter
511 N.E.2d 971 (Appellate Court of Illinois, 1987)
Hoover v. Crippen
503 N.E.2d 848 (Appellate Court of Illinois, 1987)
Opportunity Center of Southeastern Illinois, Inc. v. Bernardi
496 N.E.2d 340 (Appellate Court of Illinois, 1986)
VILLAGE OF LAKE IN HILLS v. Laidlaw Waste Systems, Inc.
492 N.E.2d 969 (Appellate Court of Illinois, 1986)
Ajax Engineering Corp. v. Sentry Insurance
491 N.E.2d 947 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
474 N.E.2d 444, 130 Ill. App. 3d 407, 85 Ill. Dec. 716, 1985 Ill. App. LEXIS 1537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eagle-books-inc-v-jones-illappct-1985.