Sullivan-Knoff v. City of Chi.

348 F. Supp. 3d 787
CourtDistrict Court, E.D. Illinois
DecidedNovember 12, 2018
DocketNo. 16-cv-08297
StatusPublished

This text of 348 F. Supp. 3d 787 (Sullivan-Knoff v. City of Chi.) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sullivan-Knoff v. City of Chi., 348 F. Supp. 3d 787 (illinoised 2018).

Opinion

Andrea R. Wood, United States District Judge

This case concerns Plaintiff Bea Sullivan-Knoff's claims that Defendants City of Chicago ("City") and Mayor Rahm Emanuel are infringing on her constitutional rights by maintaining and enforcing Municipal Code of Chicago § 4-60-140(d) ("Ordinance"), which prohibits nude or semi-nude performances in establishments licensed to sell liquor at retail in the City. Specifically, Sullivan-Knoff brings claims pursuant to 42 U.S.C. § 1983 against the City and Mayor Emanuel alleging that the Ordinance violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution, as well as the First Amendment to the United States Constitution. In addition to those federal claims, Sullivan-Knoff further alleges that the Ordinance violates Section 2 and Section 18 of Article I of the Illinois Constitution and the Illinois Human Rights Act ("IHRA"), 775 ILCS 5 et seq. Before the Court is Defendants' motion to dismiss Sullivan-Knoff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Dkt. No. 15.) As explained below, Defendants' motion is granted in part and denied in part.

BACKGROUND1

The Ordinance prohibits nude or semi-nude performances in establishments licensed to sell liquor at retail in the City. It provides:

No person licensed under this chapter shall permit any employee, entertainer or patron to engage in any live act, *791demonstration, dance or exhibition on the licensed premises which exposes to public view:
1. His or her genitals, pubic hair, buttocks, perineum and anal region or pubic hair region; or
2. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
3. Any portion of the female breast at or below the areola thereof.
For purposes of this section, any of the items described in subsections (d)(1) through (d)(3) shall be considered exposed to public view if it is uncovered or is less than completely and opaquely covered.

Municipal Code of Chicago § 4-60-140(d).

Sullivan-Knoff is a 23-year-old queer and transgender woman who holds a Bachelor of Arts degree from Northwestern University in Theatre with a focus on Playwriting and Gender and Sexuality Studies. (Compl. ¶ 10, Dkt. No. 1.) In pursuing a career as an artist, Sullivan-Knoff has performed at various venues across the Chicago area, some of which hold liquor licenses. (Id. ¶ 17.) Sullivan-Knoff's performances often involve exposing her body in a public place. (Id. ¶ 18.) She does so "to reclaim her body in the face of legislation and discrimination directed against transgender bodies, to make herself vulnerable, and to create an impactful experience for the audience." (Id. ¶ 19.)

In one of Sullivan-Knoff's performance pieces, she appears onstage with her body wrapped in a sheet and her head covered by a brown paper bag with "Touch Me" written on all four sides. (Id. ¶ 21.) Members of the audience are invited to touch Sullivan-Knoff's body, and after a set period, Sullivan-Knoff removes the brown paper bag. (Id. ) Sullivan-Knoff has been prevented from performing this piece because of the Ordinance. (Id. ¶ 24.) In 2015, Sullivan-Knoff wished to perform this act at a festival held at an establishment that holds a liquor license in Chicago, but she did not do so because of the Ordinance. (Id. ¶ 25.) In April 2016, Sullivan-Knoff performed the act at an establishment that holds a liquor license issued by the City, but she feared legal repercussions against herself and the establishment. (Id. ¶ 23.) Sullivan-Knoff anticipates performing again in the future at the same festival and establishment. (Id. ¶ 27.) She remains concerned about the possibility of legal repercussions against her and the establishment due to the Ordinance. (Id. ¶¶ 27, 30.)

DISCUSSION

To survive a Rule 12(b)(6) motion, the complaint "must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). While the complaint need not contain detailed factual allegations, there "must be enough to raise a right to relief above the speculative level." Twombly , 550 U.S. at 555, 127 S.Ct. 1955. "A pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.' " Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 1955 ). Rather, "[a] claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.

In her Complaint, Sullivan-Knoff asserts three claims pursuant to 42 U.S.C. § 1983

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Bluebook (online)
348 F. Supp. 3d 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-knoff-v-city-of-chi-illinoised-2018.