Anthony’s finally sues (for $15M)

The former owners of the now defunct Anthony’s Jazz Club and Restaurant filed a federal discrimination lawsuit Thursday accusing Elgin city officials of conspiring to close their business because they are black.

The Jazz Club opened April 3, 2003. But the city’s liquor commission, led by Mayor Ed Schock, revoked its liquor license Dec. 14, 2004, after a shooting and several other criminal acts took place near the club at 231 Douglas Ave.

Owners Anthony and Bettie Nance then appealed the city’s ruling to the Illinois Liquor Control Commission, which overturned the city’s decision and issued a 30-day suspension and $5,000 fine.

But after spending four months on the appeal process, the Nances did not have enough money to reopen and declared bankruptcy, according to the lawsuit.

Now, the Nances are seeking $10 million plus an additional $5 million in punitive damages from the city of Elgin, Schock, city attorney Rick Kozal and former Police Chief William Miller, each named individually in the lawsuit.

Each city official is accused of violating the 14th Amendment, which states, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction equal protection of the laws.”

Kozal also told the Nances that Elgin never wanted the Jazz Club to open in the first place and that he personally advised against it, according to the lawsuit.

The lawsuit alleges that during various meetings between the Nances, Kozal and Schock, the club’s clientele was referred to as “those people,� and that Schock blamed the Jazz Club for poor attendance at the nearby Centre, the city’s downtown fitness facility. (source: Daily Herald 12/1/06)

This is a huge story that I didn’t notice until yesterday. I don’t think the Courier covered it (is that surprising?) and the Herald seems to have buried it in their entertainment section–I’m not sure. But I got it from their Beep site rather than their regular site.

I’ve always thought that the way the city handled problems at Anthony’s–by revoking their liquor license–was deplorable, sent a negative message to all restaurateurs and entrepreneurs, and also hinted at some level of racism in the city leadership. I’m just surprised that it took the owners of Anthony’s so long to file suit. In my layman’s opinion, they will win if this is contested in court. The city will be forced to settle and if I were Anthony Nance, I would settle for no less than $5M.

This is at least the second federal lawsuit alleging racism filed against the City of Elgin under the leadership of Mayor Ed Schock. Because Schock was once quoted by the Chicago Tribune saying, “It’s not racist to want to keep a portion of the community white and middle class,” he is especially vulnerable to claims of racism and discrimination. Daily Herald columnist Chris Bailey has described the entire Far West Plan and downtown developments as a knee-jerk reaction to foreign immigration.

I hope the outcome of this lawsuit is that people finally realize what a liability Ed Schock is and force him to retire for good. I hope they also can the Elgin Corporation Counsel Rick Kozal, the consigliere of the Elgin Taliban clique. It’s time for a shake-up in city hall. I hope the upcoming election brings two new faces to the city council, putting Kaptain and Rodgers in the majority for a change.

Possibly related posts:

• Elgin finally takes action
• ESO finally does Bartok!
• Are they finally breaking ground?
• 2011 Consolidated Election Open Thread
• Good news for Elgin nightlife