Smutny v. Irving Park District

269 Ill. App. 544, 1933 Ill. App. LEXIS 743
CourtAppellate Court of Illinois
DecidedFebruary 21, 1933
DocketGen. No. 36,235
StatusPublished

This text of 269 Ill. App. 544 (Smutny v. Irving Park District) 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
Smutny v. Irving Park District, 269 Ill. App. 544, 1933 Ill. App. LEXIS 743 (Ill. Ct. App. 1933).

Opinion

Mr. Justice Gridley

delivered the opinion of the court.

Upon complainants’ amended bill praying for an injunction against the defendants and their answer, and upon a full hearing, the court on July 23, 1932; entered a final decree, finding that the allegations of the bill were true, that the equities were with complainants, and that the prayer of the bill should be granted — “the action of defendants herein being unreasonable and inequitable.” And the court ordered that a writ of permanent injunction issue forthwith, “enjoining and restraining the defendants, their servants and agents, from molesting, interfering with, or in any manner prohibiting complainants from playing tennis in ‘shorts’ on any of the grounds or tennis courts under the control or supervision of the Irving Park District, or any of defendants.”

From the decree defendants perfected the present appeal. No appearance or brief has here been filed by complainants.

In the bill complainants alleged that they are citizens of Chicago and reside in what is known as the Irving Park District in Cook county, Illinois; that the district is a duly constituted and legal subdivision of the State of Illinois; that it has five “Commissioners” (naming them as above) and a “Director,” one Eugene Utz, appointed by the commissioners,- — all of whom are now acting in their respective capacities; that among the functions of the district is to operate and maintain parks and playgrounds for the use and benefit of the public of the District; that on July 4, 1932, and for a long time prior thereto, the district was exercising its said functions; that Eugene Utz, as such director and under the commissioners, then was and had been in charge of all the parks and playgrounds of the district, including tennis courts, gymnasiums, etc.; that there was and had been for a long time on the market a type of suits, used by women and “made especially for playing tennis,” known as “shorts”; that such suits, consisting of a blouse or waist and short trousers with bloomers, “facilitate movement, permit greater effort to be made and a better game of tennis to be played by their use”; that they “fulfill all the canons of decency”; that similar suits “are used by girls in the gymnasium and outside track in said park system, and by women at the Olympic games”; that complainants as players of the game of tennis are interested in it as being a healthful form of exercise, etc.; and that “the medical profession has recommended said suits as beneficial to health because they permit of more assimilation of sun-rays.” And complainants further alleged that on July 4, 1932, the commissioners, and especially Eugene TJtz, director, etc., “willfully and without cause refused and prohibited complainants from playing in the parks and playgrounds of the district because they wore ‘shorts’ ”; that “no reason was given to them for said refusal, except an arbitrary one, to permit them to play in the parks and playgrounds”; that “there is no ordinance or rule of the district prohibiting the use of said suits”; that on said day “they appeared in said costume to play in one of the parks of the district and were evicted, and permission to play tennis in said costume was refused”; and that such refusal was “arbitrary and without sanction of law.”

The prayer of the bill was that an injunction issue against the defendants and each of them, enjoining them “from molesting, interfering with, stopping or refusing to permit complainants, and the public, from playing tennis in, or otherwise using, any of the parks or playgrounds of the district in said athletic costume, known as ‘shorts’.”

In defendants’ answer they admitted that the district is a municipal corporation and that it has the five named defendants as commissioners; admitted that the district, on July 4, 1932, and prior thereto, operated and maintained parks and playgrounds; admitted that then and prior thereto there was on the market a type of suits known as “shorts,” but denied that such suits fulfilled all the canons of decency, etc.; denied that any of the defendants wilfully and without cause refused and prohibited complainants from playing tennis in said parks and playgrounds; alleged that they only prohibited them from wearing said suits known as “shorts” while engaged in playing tennis, and that said refusal and prohibition was occasioned because of a rule or regulation, which had duly been adopted by the commissioners, requiring that while playing tennis “all girls and women must wear a blouse and skirt or dress”; denied that on July 4, 1932, or at any other time, complainants were refused permission to play tennis on the grounds of the district or that they were evicted therefrom; alleged that complainants were only refused permission to play that game upon their insistence to do so while clothed in said suits known as ‘ ‘ shorts ’ ’; and denied that such refusal was arbitrary and without sanction of law.

On the hearing both complainants, as well as other witnesses called by them, gave testimony. Euth Smutny testified in substance that on July 4, 1932, she was playing tennis in one of the parks of the district, and that she was wearing one of the suits known as “shorts”; that she was told “to get off the court unless she played with a skirt on,’ ’ and that “it would be perfectly all right if she put her skirt on”; that said suits “are three-piece costumes and one wears a skirt outside, and when you get to the court one takes off the skirt, and the ‘shorts’ are underneath the skirt, and underneath the ‘shorts’ are little bloomers”; that at the time she and her cocomplainant stopped playing and left the courts; that on the following day they called on Mr. Utz, director of the district, and made complaint to him; and that he said that “nobody in ‘shorts’ would be allowed to play on the courts, but that we could play there with our skirts on. ”

Nona Thome, the other complainant, testified in substance that on July 4,1932, she had been playing tennis in Kilbourn Park (one of the parks in the district) in the style of suit called ‘ ‘ shorts ’ ’ and was just coming off the court and was about to put her skirt on, when she was accosted by “a Mr. Harris, who is manager of Kilbourn Park”; that he said to her “you won’t be allowed to play in those”; that upon being asked the reason he replied, “there is a rule forbidding it”; that upon her stating* that she had several times played in other parks clothed in “shorts,” he further stated “You can’t here; there is a ruling against it; you had better go and see Mr. Utz”; that the next day she (the witness) and her cocomplainant, Euth Smutny, had a conversation with Utz; and that upon his being-asked why complainants could not play tennis in such “shorts,” Utz.replied that it was the adopted rule of the district and that he had received orders from the commissioners to enforce the rule and was doing so. The witness further testified that the costume is “a three-piece outfit,” that we wear the skirt “on the street,” and that “when we reach the courts we take the skirt off and hang* it right at the edge of the courts”; and that the costume, with the skirt off, makes it “much more comfortable in running and hitting the ball, because you are freer and haven’t any binding on your legs.”

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Bluebook (online)
269 Ill. App. 544, 1933 Ill. App. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smutny-v-irving-park-district-illappct-1933.