** FILED ** Env: 4932198
McHenry County, Illinois
19CH000274
Date: 5/3/2019 5:48 PM
Katherine M. Keefe
Clerk of the Circuit Court

IN THE CIRCUIT COURT OF THE 22ND JUDICIAL CIRCUIT
MCHENRY COUNTY, ILLINOIS
JOHN KRAFT, AND THE EDGAR COUNTY
WATCHDOGS INC.
PLAINTIFFS,
V.
ALGONQUIN TOWNSHIP
DEFENDANT.

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19 CH
19CH000274

COMPLAINT
NOW COMES Plaintiffs, John Kraft and the Edgar County Watchdogs Inc. (hereafter
“ECWD”), by their attorneys, Ambroziak & Associates, and bring this suit to Overturn
Defendant's refusal, and willful violation of the Illinois Freedom of Information Act, to respond
to Plaintiff’s Freedom of Information Act requests. In support of this Complaint, Plaintiffs state
as follows:
INTRODUCTION
1.

Pursuant to fundamental philosophy of the American constitutional form of government, it is
the public policy of the State of Illinois that all persons are entitled to full and complete
information regarding the affairs of government and the official acts and policies of those
who represent them as public officials and public employees consistent with the terms of the
Illinois Freedom of Information Act (hereafter "FOIA"). 5 ILCS 140/1.

2.

Restraints on access to information to the extent permitted by FOIA are limited exceptions
to the principle that the people of this state have a right to full disclosure of information
relating to the decisions, policies, procedures, rules, standards and other aspects of

08/01/19

 governmental activity that affect the conduct of government and the lives of the people. 5
ILCS 140/1.

3.

All public records of a public body are presumed to be open to inspection or copying. Any
public body that asserts that a record is exempt from disclosure has the burden of proving by
clear and convincing evidence that it is exempt. 5 ILCS 140/3.

4.

" Except as to causes the court considers to be of greater importance, proceedings arising
under this Section shall take precedence on the docket over all other causes and be assigned
for hearing and trial at the earliest practicable date and expedited in every way" 5 ILCS
140/11.

PARTIES
5.

Plaintiffs Kraft and ECWD are the FOIA requesters in this case.

6.

Defendant Algonquin Township is a public body located in McHenry County, Illinois.

7.

The records sought, as set forth in each count, are non-exempt public records of
ALGONQUIN TOWNSHIP.

8.

ALGONQUIN TOWNSHIP willfully and intentionally violated FOIA by Defendant’s
ongoing and constant refusal to, and failure to properly respond to the FOIA requests shown
below and in the attached Exhibit hereto and incorporated herein.

9.

The aforementioned paragraphs 1-8 are incorporated in Count I as if fully restated therein in
the count.

 COUNT I

10 On June 2, 2018, Plaintll'fjohn Kmfi, uslng the e-mall address 1m--

requested Information concerning the publlc body by e-mallmg hoth Karen Lukasik at

com and James Kelly at com seeklng

"l copy ofal] communications received from YouTube or any of its
representatives since Jan 1, 2017, and,
2) copy of all cornrnunications sent to YouTube or any of its representatives since

Jan 1, 2017 See Exhibit A

1 Defendant Algonquin Township never responded to Plainm'Fs lune 2, 2018 FOIA request

12 As oflhe date filing Defendant has never responded to this Request

WHEREFORE, JOHN KRAFT, AND EDGAR COUNTY WATCHDOGS INC Fray lhal this

honorable Court grant the tollovving relief

A

ln accordance With 5 140/1 atlord this case precedence on the Coun's docket
excepl as to causes the Court considers to he of greater irnportance, assign this case for
hearing and trial at the earliest practicable date, and expedite this case in every way
Declare that ALGONQUIN TOWNSHIP has violated FOIA, and

Order ALGONQUIN TOWNSHIP to produce the requested records, and

Enyoin ALGONQUIN TOWNSHIP troni Withholding non-exempt public records under
FOIA, and

Order ALGONQUIN TOWNSHIP to pay civil penalties, and

Award reamnable anorneys' fees and casts, and

Award such other rellefthe Court considers just and equltable

RESPECTFULLY SUBMITTIED.
/s/ Denise M. Ambroziak
Denise M. Ambroziak
One of the Attorneys for Plaintiffs

Denise M. Ambroziak
ARDC #6244325
AMBROZIAK & ASSOCIATES
Attorney for Plaintiffs
550 West Woodstock St. Ste 107.
Crystal Lake, IL 60014
(815) 459-4949
ambroziaklaw@comcast.net

 EXHIBIT A

From: John Kraft

I'm 15 hastflamng ems: mum: in gun"
c: Kirk Allm

"jam ran RequmdlgonauinTowrmo>>522mg

Dam: Saarrdawunen; mm 10 mm 

 

in accordance with the Freedom of information Act I am requesting the following. ifyou
are not the FOIA officer pleaseforward to the FOIA officeras required by statute.

Electronic copies requested.

Copy of the following:

1. Copy of all conniunrcacrons recerved front YouTube or any of
representatives, srnce Jan 1, 2017.

2. Copy of all connunrcacrons sent to You'l'ube or any of 
representatives, srnce Jan 1, 2017.

Electronic copies are requested.

Thi is notacammercial request.

This is also a request for fee waiver, should any fees be imposed, as this information bears
on the public business of the local and state governments in illinois and will he used to
inform citizens of the actions of their public officials, of their rights and responsibilities, of
news and current or passing events, and for articles of opinion or features of interest to the
public. The principal purpose of this request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights of the geneml public and is not
for the principal purpose of gaining a personal or commercial benefit

I, and the organizations lrepresent, qualify as both media and non-profit under the
definitions in Section 2 ("Commercial purpose"), Section 2 (I) ("News media"), Section 2
("Recurrent requester"), and Section 2 ("Voluminous request") of the Freedom of
Information Act, for the purposes of being exempt to the provisions ofSectiorl 3.1 (Requests
for commercial purposes), Section 3.2 (Recurrent reguesters), Section 3.5 (Voluminous
requests), and Section 6 (Authority to charge fees). Additionally, I, and the organizations I
represent, qualify as "news media" under the illinois Vehicle Code, Section 17148.5.

Thanks,

Iohn Kmi

Paris, Illinois 51944