La Playita Cicero, Inc. v. Town of Cicero

175 F. Supp. 3d 953, 2016 WL 1247406
CourtDistrict Court, N.D. Illinois
DecidedMarch 30, 2016
DocketNos. 11-cv-1702, 11-cv-5561
StatusPublished
Cited by6 cases

This text of 175 F. Supp. 3d 953 (La Playita Cicero, Inc. v. Town of Cicero) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
La Playita Cicero, Inc. v. Town of Cicero, 175 F. Supp. 3d 953, 2016 WL 1247406 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

JOHN Z. LEE, United States District Judge

Gerardo Meza owned Serenata Restaurant and Bar in the Town of Cicero, Illinois, from 2005 to 2009. Beginning in 2006, Cicero officials cited, fined, and summarily closed Serenata numerous times for purported violations of the local liquor code. And in 2008, a Cicero police officer arrested Meza for allegedly striking two Cicero officials who were investigating Serenata.

Meza, who contends that the citations and battery charges were unwarranted, filed these two lawsuits, which have been consolidated for purposes of summary judgment. In one case, No. ll-cv-5561, Meza claims under 42 U.S.C. § 1983 that Cicero violated the Equal Protection Clause of the Fourteenth Amendment and the Free Speech Clause of the First Amendment. In the other case, No. 11-cv-1702, Meza has brought the same claims as well as state law claims against Cicero and four individual defendants. In both cases, Meza contends Defendants targeted him and his restaurant because Meza is Hispanic and because he was politically opposed to the Town President, who was also the Liquor Commissioner. Defendants, who insist that they only sought to protect the public from S'erenata’s frequent liquor code violations, have filed a consolidated motion for summary judgment.

The Court concludes that numerous disputes of material fact preclude summary judgment on most of Meza’s claims. Defendants’ consolidated motion for summary judgment is granted on Meza’s state law claims as to two defendants, but the motion is otherwise denied.

I. Factual Background

Defendant Larry Dominick was at all relevant times Cicero’s Town President and Liquor Commissioner. Pis.’ Add’l Facts ¶ 4. Defendant Paul Dembowski was the Deputy Liquor Commissioner until he was promoted in June 2009 to Superintendent of Internal Affairs, at which time his wife, Cindy, who is Dominick’s sister, took over as Deputy Commissioner. Id. ¶¶ 5-6. Defendant Larry Polk was a Cicero police officer who investigated Serenata. Id. ¶¶ 8, 14, 27, 49. And Defendant Serge Rocher was the Deputy Superintendent of Auxiliary Police, a position that required him to assist with “protecting the President of the Town” and also involved him in the investigation of Serenata. Id. ¶¶ 10, 49.

Dembowski, Polk, and Rocher all supported Dominick politically. Id. ¶¶ 7, 9-10. [960]*960Dembowski and his wife donated tens of thousands of dollars to Dominick’s campaigns; Polk donated thousands of dollars as well and attended meetings in support of Dominick’s political organization; and Dominick said of Rocher (who Meza describes as Dominick’s “bodyguard”), “I know he’s on my side [politically].” Id.; Pis.’ Ex. 10, Dominick Dep. in Perales v. Cicero, at 128.1

Plaintiff Gerardo Meza, who is Hispanic, opened Serenata in 2005 and began advertising the restaurant in El Dia, a local bilingual newspaper owned by the Montes de Oca family. Defs.’ Add’l Facts ¶¶ 2, 22. In early..2006, El Dia began publishing negative. articles about Dominick and his administration. Id. ¶ 24. Part of El Dials criticism of Dominick concerned his purportedly poor treatment of Hispanic members of the community. Id.

According to a man named Jose del Angel, who attended “precinct captain” meetings for Dominick’s political organization from 2005 to 2007, Dominick was incensed by El Dia’s criticism. Id. ¶ 25. Del Angel says that he personally heard Dominick call the members of the Montes de Oca family his “political enemies” and announce that anyone who would advertise in El Dia was also his political enemy. Id. Del Angel says in addition that he heard Dominick at precinct captain meetings referring to Mexican immigrants as “wetbacks,” “spies,” and “illegal fuckin’ immigrants.” Id. ¶ 65.

Defendants do not dispute that Dominick made the “political enemies” comment, and Dominick admits that he saw Serena-ta’s advertisements in El Dia before El Dia began to criticize him. Pis.’ Add’l Facts ¶ 23.2 Dominick also admits that he “may have” called both Meza and the owners of El Dia “two-legged rats.” Pis.’ Add’l Facts ¶43; Defs.’ Resp. Pis.’ Add’l Facts ¶28. But Dominick denies ever making derogatory comments about Mexicans. See Defs.’ Resp. Pis.’ Add’l Facts ¶ 65.

In May 2006, Serenata began receiving citations for violations of the local liquor code. Defs.’ SOF ¶¶ 13-15. Many of Sere-nata’s citations were the result of “sting” operations conducted by Defendants. Id. ¶¶ 6, 10, 31, 33. Dembowski organized the stings of Serenata and other establishments and would inform Dominick anytime an establishment “was busted.” Pis.’ Add’l Facts ¶¶ 18-19; Pis.’ Ex. 5, Dembowski Dep., at 87-88. Dominick himself sometimes prompted stings by forwarding Dembowski liquor license complaints with the expectation that Dembowski would conduct a sting shortly thereafter. Id. Additionally, Dominick often personally conducted surveillance' outside liquor establishments, including Serenata, “to see if minors were going in.” Pis.’' Add’l Facts [961]*961¶ 16; Pía.’ Ex 5, Dominick Dep., at 16S-64;3 Defs.’ Resp. Pía.’ Add’l Facts ¶ 16.

On July 6, 2006, Dominick and Dembow-ski ordered Serenata to close for seven days for allegedly serving someone who was underagé. Pis.’ Add’l Facts ¶ 27. The allegations stemmed from a car accident involving an intoxicated minor who was wearing a colored bracelet similar to those Serenata used to designate patrons who were 21 and over. Id. The driver also had an open can of beer in her ear. Id. Dominick and Dembowski did not interview anyone at Serenata to find out if the underage person had actually been there or if Sere-nata was using that particular color of bracelet on the evening of the accident. Id.

Later in July 2006, Meza encountered Dominick, who, according to Meza, told him to stop advertising in El Dia. Id. ¶ 28. Meza believed that Dominick was making an implicit threat to target Serenata with additional citations if he did not sever ties with El Dia and the Montes de Oca family. Id. Dominick denies ever telling Meza not to advertise in El Dia. Defs.’ Resp. Pis.’ Add’l Facts ¶ 28.

The clashes between Meza and the Cicero authorities continued through the rest of 2006. See Defs.’ SOF ¶¶ 18, 23. On New Year’s Eve of that year, Dembowski and Cicero police officers summarily shut down Serenata on the basis that the second floor of the restaurant did not have a valid permit. Id. ¶ 18. But the Town Attorney ultimately acknowledged that Serenata had been given permission to operate on the second floor. Pis.’ Resp. Defs.’ SOF ¶ 18.

In 2007, Serenata was cited for liquor code violations several more times. See, e.g., Defs.’ SOF ¶¶ 22, 26. In September of that year Cicero actually revoked Serena-ta’s liquor license, but the revocation was reversed by the Illinois State Liquor Commission in January 2008, and a ten-day suspension was imposed instead. Id. ¶¶ 29-30. Serenata continued to receive citations and fines through 2008. Id. ¶¶31, 33, 35. Some of the penalties were upheld, and some were not. See, e.g., id.

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175 F. Supp. 3d 953, 2016 WL 1247406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-playita-cicero-inc-v-town-of-cicero-ilnd-2016.