Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 1 of 39 PageID #:1

F'ILED
fusEP 18

20lg

cLEff?r$t Bf$8T".tuR;

IN THE UNITED STATES DISTRICT COURT
FoR rHE NORTHERN DISTRICT oF ILLINoIS

MATT SWART,IEREMY

CHONG,

)

)

GABRIEL EMERSON, and
CAEDEN HOOD

CASE NO.

)
)

Plaintiffs,

1

:19cv{6213

Judge John Robert Blakey
Magistrate Judge Sidney l. Schenkier

CITY OF CHICAGO, an Illinois
municipal corporation,
Defendant.

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiffs, Matt Swart ]eremy Chong, Gabriel Emerson, and Caeden Hood

("Students"),by and through their attorneys Mauck & Baker LLC, complain against the
Defendant, City of Chicago, a municipal corporation, ("City") as follows:

NATURE OF THE CASE

1. The preamble

to our Constitution reminds us that it was established "to secure

the Blessings of Liberfy to ourselves and our Posterity.l"

2.

This case is about keeping secure the liberty of public citizens, in general, and the

four student plaintiffs, specifically, to freely engage in speech activities at Millennium
Park

1U.S.

-

a

public park and

const. Preamble.

a

traditional public forum.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 2 of 39 PageID #:1

3.

The right of citizens to discuss matters of public importance, to engage

with.

other citizens, and to hear encouraging or challenging opinions is a bedrock of the First
Amendment which has found its fullest expression in the context of public forums.

4.

YeL the City of Chicago ("City")has now decided it can restrict speech activities

and distribution of free literature in one of the nation's most recognizable public forums

by prohibiting those activities in L0 out of 1L "rooms."
PARTIES

5.

Plaintiff Matt Swart is a sophomore student at Wheaton College. Swart is a

member of the Chicago Evangelism Team which is sponsored by the Office of Christian
Outreach at Wheaton College.

6. Plaintiff Jeremy

Chong is a sophomore student at Wheaton College. Chong is a

member of the Chicago Evangelism Team which is sponsored by the Office of Christian
Outreach at Wheaton College.

7. Plaintiff Gabriel Emerson is a sophomore

student at Wheaton College. Emerson

is a member of the Chicago Evangelism Team which is sponsored by the Office of

Christian Outreach at Wheaton College.

8. Plaintiff

Caeden Hood is a junior student at Wheaton College. Hood is a member

of the Chicago Evangelism Team which is sponsored by the Office of Christian
Outreach at Wheaton College.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 3 of 39 PageID #:1

9.

Defendant, City of Chicago, is a municipal corporation located in Cook County,

Illinois.
10.

Defendant, through its employees, agents, and representativet is responsible for

the enactment and enforcement of the regulations and actions challenged herein.

IURISDICTION AND VENUE
11. This action arises under, inter alia, the First Amendment to the Constitution of the

United States and Article I of the Illinois Constitution.
12. This Court has jurisdiction over the subject matter of this action by virtue of

U.S.C.

S 1331

(federal question jurisdictio

n)1;

28 U.S.C. S 1367 (supplemental

jurisdiction);28 U.S.C. 52201, (authorizing declaratory relief); and 28 U.S.C. 52202
(authorizing injunctive relief).
13. Venue is

proper in this District pursuant to 28 U.S.C. $$ 1391(e) and U02(a) and

u.s.c. s 703.
BACKGROUND
14. The Students are

all members of the Chicago Evangelism Team which is an

outreach ministry sponsored by the Office of Christian Outreach at Wheaton College.

5

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 4 of 39 PageID #:1

15. The purpose of the Chicago Evangelism Team is to "Proclaim the gospel in the
city of Chicago to whomever \ /e find there, pray with and listen to all those we meet
and be a light and a witness for Christ."2
16. On December 7,201.8, Swart and Hood, along

with four other members of the

Chicago Evangelism Team, gathered at Millennium Park ("Park") for the purpose of
engaging in open air evangelism and distribution of free religious literature.

17. After the students commenced distribution of free religious literature, security
staff at the Park approached the students and told them that they were not allowed to

hand out any literature. The students heeded this directive and ceased further

distribution.
18. After the students ceased distributions of their materials, Hood began open air
preaching. After a few minutes, security staff at the Park once again approached the
Students and informed them that they were not allowed to continue preaching.

19. Swart informed the security staff that they were on a public sidewalk (adjacent
to Michigan Avenue) and that they had a right to continue speaking. Attached as

Exhibit A is the location where the students gathered.
20. The security guard did not contend with Swart's statement but insisted that he
was "just doing his job." The security guard further informed the students that they

could speak to his supervisor.
2

https://www.wheaton.edu/life-at-wheaton/serve-off-campus/school-vear/christian-service-council/outreachministries/

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 5 of 39 PageID #:1

21. The students ceased all evangelism activities

as

they contemplated what to do

next.
22. lxbout ten minutes later, Chong arrived at the Park and was informed by the

other students about what had transpired.

23. Upon learning what happened, Chong decided to also engage in open air
preaching
24. Security staff approached Chong

as

well and directed him to stop speaking.

Chong then requested that he speak with a supervisor.

25. Soon after, two Park supervisors arrived and informed the students that they
were "soliciting" the public to subscribe to their beliefs and therefore in violation of a
Chicago ordinance which prohibited "solicitation" on the Park sidewalk between

Randolph Street and Roosevelt Street.
26. T\e students were not told what this ordinance was nor were they given a copy
of it.

27. Members of the Chicago Evangelism Team, including Plaintiff Chong, returned
to the Park the following week to engage in evangelism and but were again prohibited

by Park security guards from doing so.

28. During the subsequent weeks, members of the Chicago Evangelism Team,
including the Students at various times, continued to gather at the Park to engage in
evangelism and distribute free religious literature.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 6 of 39 PageID #:1

29.

On each occasiory the Students and other evangelists continued to face hostility

and opposition from Park employees frustrating their ability to preach or distribute free

religious literature.
30. Park employees, for example, prohibited the Sfudents' activities near "the Bean"

directing them to other parts of the Park, only later to prohibit them from those parts of
the Park as well.

31. On at least one occasion,

a Park employee

informed the Students that they could

not discuss religion in the Park and ordered the Students to leave the Park if they
wanted to talk about religion.
32. This pattern continued

untilApril5,2019 when Chong assembled at the Park

and, as at other times, attempted to engage in evangelism. At that time, time Chong was
approached by Christopher B. Deans, a Public Recreational Operations Manager, who

provided Chong with newly enacted rules governing the Park and informed Chong that
his activities were restricted to the confines of the new rules.
33. After receiving the new rules governing the Park in

April

2019, the Students and

members of the Evangelism Team felt restricted in their ability to evangelize and

stopped gathering at the Park altogether.
34. Among the new rules promulgated by the City on

April 2,2019 included

a

requirement that individual speakers receive approval from two City departments
before they can speak in the Park. Exhibit B,

April2nd Rules.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 7 of 39 PageID #:1

35. The City, in response to a letter from counsel highlighting various

unconstitutional provisions within the rules (Exhibit C, Letter), amended the rules on

August 26,2019.
36. The newly revised rules still contain unconstitutional provisions which unduly
restrict speech within a traditional public forum. These rules are described further
below.

THE CITY'S NEW PARK RULES
37. The Park is now govemed by a set of rules

within a document known

as the

"Millennium Park Rules." ("Rules"). Exhibit D, August 26th Rules.
38. Section P of the Rules entitled "Disruptive Conduct" contains the

following

provisions:

with visitors' ability to enjoy the
Park's artistic displays, including, but not limited to, substantially
impairing pedestrian traffic, disrupting views of the art, or conduct that
(1) Conduct that objectively interferes

endangers public health or safety, may damage Park property, or is
prohibited by applicable federal, statg and local laws, is prohibited in the
Park.

Millennium Park is divided into several outdoor "rooms," each with its
own purpose or art. These rooms are: the Jay Pritzker Pavilion and the
Great Lawn; the Lurie Garden; Cloud Gate Plaza; Chase Promenade
North; Chase Promenade Central; Chase Promenade South; Boeing
Gallery North; Boeing Gallery South; Wrigley Square and Millennium
Monumen! McCormick TribunePlaza and Ice Rink; and Crown Fountain.
Sidewalks surround Millennium Park and connect to sidewalks within the
Park, which connect the rooms but are not part of the rooms. The making of
speeches and passing out of written communications shall be restricted to
Wrigley Square and Millennium Monument and the sidewalks in and
(3)

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 8 of 39 PageID #:1

around the Park, though closed sidewalks, whether for an event or
another reason, shall not be available for this purpose. (italics added).
39. Although an outdoor park is the quintessential public forum3, the City's Rules

purportedly transform the outdoor public park into a novel spatial concept with
various "rooms" that prohibit freedom of speech.
40. The Rules list 11 "rooms" and prohibit speech activities in 10 of them. The only

"room" in which freedom of speech is permitted is the "Wrigley Square and
Millennium Monument" room which is located in the corner of the Park away from the
central activities and popular attractions. Attached as Exhibit E is a map of the

"rooms."
41.

Lawful conduct of Park visitors may also be prohibited if the conduct

"objectively interferes with visitors' ability to enjoy the Park's artistic displays. . . .
42. The Rules do not explain what "objectively interferes" means or how that

determination is made.

43. Without any standards for making such a determination, lawful conduct,
including speech activities, could be censored.
44. Without any standards, any person who disagrees

with a speaker may, by force

of the Rules, silence the speaker simply because the speaker, by expressing views
disagreeable to a particular listener, "interferes" with a person's enjoyment of the art.

' Perry Educ. Ass'n v. Perry Local Educators' Ass'n,460 U.S. 37,45 (1983).

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 9 of 39 PageID #:1

45. All of the acts and Rules of the City, its officers, agents, and employees were
executed, and continue to be executed, under the color and pretense of the policies of
the City of Chicago.

COUNT I
FREEDOM OF SPEECH
46. The allegations contained in all preceding paragraphs are incorporated here by

reference.

47.The Students' speech activities are protected under the Free Speech Clause of the
First Amendment to the United States Constitution and Article I of the Constitution of
the State of Illinois.

48. The Park is a traditional public forum.
49. The Rules, on their face, improperly restrict speech and distribution of free

literature within a traditional public forum.
50. The Rules vest overly broad discretion upon unknown officials to restrict

constitutionally protected speech.
51. The Rules improperly provide visitors to the Park the ability to shut down
protected speech

-

a

Heckler's Veto.

52. The Rules are overbroad in that they burden far more speech than is necessary
to serve a significant governmental interest.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 10 of 39 PageID #:1

53. The Rules are vague in that they vest public officials with unbridled discretion
that may be exercised in an inconsistent or discriminatory matter.
54. The Rules are not narrowly tailored and serve no goverrunental purpose.

WHEREFORE, the Students respectfully pray that the Court grant the relief set forth

in the prayer for relief.
COUNT

II

FREE EXERCISE OF RELIGION
55. The allegations contained in all preceding paragraphs are incorporated here by

reference.
56. The City's actions in interfering

with the Students' ability to freely engage in

evangelism, by open air preaching and distribution of free religious literature,

constitute and infringement on the Students' rights to the Free Exercise of Religion
under both the First Amendment to the United States Constitution and Article I of the

Constitution of the State of Illinois.
57. The City has no compelling interest

with which to justify its continual

interference with the Students' religious activities within a traditional public forum.
58. Likewise, the newly adopted Rules also constitute an infringement on the

Students' free exercise of religion.
59. The Ciry has no compelling interest to

activities to one corner of a public park.

10

limit the Students' religious speech

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 11 of 39 PageID #:1

60. The City cannot demonstrate that its actions, or its new Rules, are narrowly
tailored to achieve any governmental interest.
WHEREFORE, the Students respectfully pray that the Court grant the relief set forth

in the prayer for relief.
COUNT III
ILLINOIS RELIGIOUS FREEDOM RESTORATION ACT
61. The allegations contained in all preceding paragraphs are incorporated here by

reference.
62. Section 15 of the Illinois Religious Freedom Restoration Act of 1998 ("IRFRA"),
775 ILCS

35 I 1.5,

states:

Free exercise of religion protected. Government may not substantially burden
a person's exercise of religiory even if the burden results from a rule of general
applicability, unless it demonstrates that application of the burden to the
person (i) is in furtherance of a compelling governmental interest and (ii) is
the least restrictive means of furthering that compelling governmental
interest.
63. According to 775ILCS35120 of IRFRA, a claim may be raised under IRFRA

in

this case:

Judicial relief. If a person's exercise of religion has been burdened in
violation of this Act, that person may assert that violation as a claim or
defense in a judicial proceeding and may obtain appropriate relief against a
government. A party who prevails in an action to enforce this Act against a
government is entitled to recover attorney's fees and costs incurred in
maintaining the claim or defense.
64. The City's actions and Rules substantially burden the Students' free exercise of

religion without any compelling governmental interest.
11

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 12 of 39 PageID #:1

WHEREFORE, the Students respectfully pray that the Court grant the relief set forth

in the prayer for relief.
PRAYER FOR RELIEF
WHEREFORE, the Students, respectfully request relief as follows:

A. Declare that the City's Rules

and actions, particularly Section P(1) and (3) of the

Rules, on their face and as applied, have violated and continue to violate the Sfudents'

(i) freedom of speech rights; (ii) free exercise of religion rights; (iii) and rights protected

by the Illinois Freedom Restoration Act;

B. Enjoin the City and its employees, agents, or representatives from enforcing the
Rules to prohibit or unduly restrict the Students' speech and religious activities within a

traditional public forum;

C. Award damages for violation of the Students' constitutional and statutory rights
and for the injuries and unlawful burdens it has incurred;

D. Award the Students their

costs and expenses of this actiory including reasonable

attorneys'fees, pursuant to 42U.5.C.

E. Grant such other relief

as

S 1988,

and other applicable law;

this Court deems appropriate.

Respectfully submitted this 18th day of September,2019.

SWART, CHONG, EMERSON, AND HOOD

Bv: /s/ Tohn W. Mauck
One of its Attorneys
12

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 13 of 39 PageID #:1

]ohn W. Mauck, Esq.
Sorin A. Leahu, Esq.
Soo Y. Lee, Esq

Mauck & Baker, LLC
One N. LaSalle St., Suite 600
Chicago, Illinois 60602
Telephone

: 312-726-1243

Facsimile: 866-619-8661,
imauck@mauckbaker. com
sleahu@mauckbaker. com
slee@mauckbaker.com
Counselfor

Plaintffi

VERIFICATION
Under penalties as provided by law, the undersigned certifres that the statements
set forth in the 'Yerified Complaint for Declaratory and Injunctive Relief' are true

and correct, except as to matters therein stated to be on information and belief and
as to such matters the undersigned certifies as aforesaid that he verily believes the

same to be true.

13

  

Case: Document 1 Filed: 09/18/19 Page 14 of 39 PageID 

EXHIBIT A

Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 15 of 39 PageID #:1

5L
g

o

E:

c

*o

u.l

le

I'

(o

o-

o

J

N

.E

I

o-

,{emsng ld lelurjoochl

(E

-)

I

i_

E

'= -v.
c(o.
g[

.;

E

,l
I
a'
tl

I

g

I

G,

(9

I

q

Ee

(,

*o

(J

+
.y('

EE

95
oo
.LL

EHo
9or

LJC

o=
>€
F

Ean

ts

a

N Michi

Michigan Avenue

o
(!
(9

U'

o

r:t\yt'-

fr"6

r

Y*'

!fip
o-a

J

Garland Ct

&
o
q)
o_

(!
(n

&

5

oO
in o

:3
&>,

Eh
._u

S.o
=c
rrv

F

o-

€h

s'E
e, i;

68a,

f

.Y

.':

og
.).X
ro
-ce

lrl

=

C€
u

(o
a7v

(9

&(n#

-c
U,
C,

,&

-o
(o

=qo

ifcn

-o

o
(rt

E:

(tl
,H

7'x

Hrr

o

a
o

S

c

=

=
uJ

o
o

fiF

t

6

Ji
lr

EI

.g

Atr:-

(o<

u,,

E

CT[}

"s

3

e}€98 $E &,"

SC

JL

(,l

n
F

tlaT

--o
FO

o(n
i,UI

N
N

.)a

fr{.j

UC

co
{E
(o

N Garland Ct

.tr

6-

!
o

.9

E

-E

N Wabash Ave

o-9
tuo

-*"

lu **rlP

;V

u.-.;

^f(v

s xE
fi&
o

:Y

7

S

o

egs
-v

o

-c

aoE
5_g,".

a

S Michigan Ave

rr)

lU

N Michigan Ave

3

a^v ue

*

o
Ei
I=

J

'7

Wabash Ave

I

(U,-=

+

^"

c)

&&
6U

B;C}

o

.g

o

IE

 Case: Document 1 Filed: 09/18/19 Page 16 of 39 PageID 

EXHIBIT 

Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 17 of 39 PageID #:1

$ff'tltertmtrmntPartre

CHTCAGO
MILLENNIUM PARK RULES
Welcome t9 Millenniuni Parkl Miltennium Park (the 'Park) uas created for the
qnioyment of Chicago residents and visitors. Wtriie in the Park, please respect the
rights of others by allowing open access to all areas of the par* at alltimes.
.

These Millennium P_qrk

(the_'Rules') have been promulgated by the
Commissioner of th9 city o{
!hic!9!'s Department of Cultural Afiahs & Epecial Events
('DcAsE) pursuant tlq Municipar
!q
Qodi of chicago section ro-so-ito(b), and may
be enforced pursuantlo Munioipat Code of Chicago-Sec{ion 10-36-140(9). ine nubi
-is
the 24.5-acre pa,ii'OounOed by
3PpJY to actMty within Millennium Park, whictr
!ti.[rgf-n Avenue, Randolph street, cotumbus Drive, and Monroe street, ,s r"ilas the
e$ge- that spans Columbus Drive and extending into Grant par[ (NOiE: The
.
Nichols Bddgerruay is owned and operated by the Art lnstitute of Chicago;
ur" bf the
Nichols Bridgeway is. subject to the review.and approval of the ert mslitute
",iy
.it Cr,i.ig+
Unless otherwise indicated, these Rules shafl ndt apply to the streets or the sidewatks
that bound the Park orthe parking facilities located o'etowthe park.

B!q.

[f

ln addltion to these Rules, all visitors of the Park are subject to all applicable ftderal,

state, and local laws. The Code of the Chicago Park District does not dppty to the park.

A.

Park Hours
The Park is open dailyfrom 6 a.m. - 11 p.m. No person is permitted to be inthe
Park outside oJthese.hours. The Great Lawn and Jay PriEker pavilion may be
closed during hours when the park is otherwlse open.

B.

Restrlcted Behavior

1. Park visitors are prohibited from using the restroom facilities and
features for bathing or personal grooming.

water

2.

Park visitors are prohibited from sleeping in the park.

3.

Park visitors are prohibited from using any sound-emitting devices vuhidr are
clearly audible to others at a distance of over ten feet.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 18 of 39 PageID #:1

4-

Pakvisitors are prohibited from engaging in any obscene or indecent acts,
including, but not limited to, exposinggenitlfia anil engaging in sexuatacls.

Smoking
smoking,- including e-cigs and vaping devices,
locatlons in the Park

is prohibited in the following

1.

The Jay Pritzker Pavilion seating area or on the Great Lawn;

2.

East and WestArcades

3.

Lurie Garden;

4.

East and West Exelon Buildings;

5.

McDonald's Cycle Center;and

6.

Any tented areas in the Park.

ailhe Jay pritzker pavilion;

Vehicles and Other Mobility Devices

1. Motorized

a.

vehicles:

Unless otherwise provided, the use of motorized vehicles by park
visitors, including, but not limited to, cars, self-propelled scooters,

carts, electric personal assistive mobility devices
b.

(segways),

This prohibition does not apply to peopre with disabilities who use:

i.

power wheelchalrs or electric scooters (for this subsection, an
electric scooter is a three- or four-wheeted transportation devie
with a seat with back support designed to aisist those with
walking disabilities); or

ii.

other povrrer-driven mobilitir devices fOpDMD). lf a park visitor
is using an opDMD, the park visitor may be asked to show
proof of disability.

c. The

prohibition in subsection (1)(a) does not apply to motorked
vehicles permitted by park Management. contractors or vendors may
acquire permits for their motorized vehicles from the Park Managemeni
office a .201. East Randolph street rhe permlt must be dispEyed in
the vehicle at alltimes urrtrile the vehicle is on park property.

d.

Flight of small unmanned aircraft, as defined in section 10-36400 of
the Municipal Code of Chicago, over Millennium Park is a violation of
that section subject to the exoeptions therein.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 19 of 39 PageID #:1

2.

Non-motorized vehic-les:

a,

Riding bicycles, skateboards, scooters, rotler skates, rollerblades, or
other wheeled-transportation devices in the Park is protriOitea. giry"f"
qarking.is. only permitted at the McDonald,s cyite center anj at
.
designated bike racks.

b. Manual

wheelchairs and manually porvered mobility aids, such as
walkers, crutches, bra@s, and canes, are allowed. -

Recelpt of Deliveries

E.

Alldeliveries to the Park must be scheduled in advance with park Management
and DCASE
F.

Fire and Barbecue Grills
Park visitors may not light or use fires in the Park. Additionally, park visitors
may
not use barbecue grills or propane tanks.

G.

Animals
Park visitors are prohiblted from bringing'any animals into the park other
than
service animals as defined by 28 c.F-.R. ss 9s.104 and 35.186, ana zio
[ds
5t48-8.

H.

A,lcohollc Beverages
No alcoholic beverages shall be sold, brought within, given away, delivered, or
consumed within the Park, except in the following circuristances:

1- Alcoholic

beverag.es.ma.y bg purchased and consumed in designated areas at
restaurants or within- designated secured perimeters at pr6perly ficenseO
concession stands within the park.

2.

Alcoholic beverages may be consumed or sold in designated areas wiBrin
designated secured perimeters during privately catered ind City-sponr*i
-ir
eve1ts,. as permitted by pa* Management and DCASE, suqdct
io
applicable ordinances and rutes applicable to the consumpu''on aha sab of
alcohol at these events.

3.

Oubide alcohol is prohibited at ticketed concerts and events presented by
permitted private production companies.

4.

Alcoholic beverages mlY be consgmed.within designated secured perimeters
in the seating area and on the Great Lawn only iuring ttre pJrforman.r
or
select free public concerts in the Jay Pritsker Pivilion, -as peimitted by park
Management. DCASE may prohibit outside alcohol at aesbnatea eventi. --

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 20 of 39 PageID #:1

LandscapinglPark Property

1. Park visltors may not in any uray disturb or destroy plants, florlrers, shrubs,
leaves, or any.ot!9r landscape eremenb. park- visitors may not ptace
anything in the plant beds.

2. Msitors to the Lurie Garden must stay on the

deslgnated pathwap that
surround the flower beds. Msitors may not rmalk on the rrrralls arbund thl Lurie
Garden or in the mulch pathwap within the beds.

3.

climbing, sitting, and standing on park parapet walts, batconies, balustrades,
art, or other temporary or permanent Park sEuctures is prohibited. Climbing,
sitting, standing, and sliding down the Bp Bridge is prohibited.

4. Affixing

rope, signs, handbitls, or other.materials to any trees, shrubs, other
landscaping, or other park property is prbhibited.

5.

J.

Park visttors rnay not cut, break, or in any way injure, deface, destroy, oralter
any building, fence, monument, sculpture, oriogb, sign, or other strucfure or
prAperty in Millennium Park.

Littering and Recycling

1. All tmsh must

2.
K.

be depositted into the provided receptacles.

Recycling bins are tocated throu-ghout the Park. Park vlsitors are encouraged
to utilize them when disposing of reqrclable materials

Water Features

1. Park visitors are not allowed to bring glass into Crown Fountain, Wrigley
Square, orthe Lurie Garden Seam.

2-

Pa/r- visitots may enter the Crown Fountain and put their feet in the Lurie
Garden Seam.

3.

Park visitors rnay not stand, walk, wade, or swim in the Lurie Garden seam or
the fountain at the Millennium Monument in Wrigley Square. Park visitors are
prohibited from floating items in the Lurie Garden Seam, and from attempting
to remove coins or other materialfrom the water.

a.

pipes run throughout the Lurie Garden. Park visitors are prohibited
lniSation
from touching, moving, or picking them up. Park visitors are also irohibited
from touching the green circular inigation covers.

Glosed or Prohibited Areas
Park visitors without invitation or authorization may not enter areas closed to the
public, whetherfor private events or otherwise.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 21 of 39 PageID #:1

M.

Event Rules

1.

lt is important to maintain safety and security in Miltennium park. ln orderto
ensure that events in the Park are e.nioVable for all attendees, a security
perimeterwi0r metal detecting wands and bag check willbe in place
foiall
{ay PriEker Pavilion events and select other Evenls held in Miliennium park.
Park visitorsattending any event wllt.le subject to bag search at security
gg-riryet9rs, Bags and coolers broughtto events must-be smallerthan 26Lx
15W x '15H.

2. The followfng are prohibited from Millennium Park events
provided for in these Rules:

unless otherwise

Pets; hammocks; flags; banners; rawn stakes; tents; canopies; shade
structures; staked or golf umbrellas; balloons; noise make'rs; tiserpointerc; all
metalknlves.and cutlery fthough corkscrews and ptastic or.ompoit"Ot.
. cutleryare allowed); motorized
toys; walkie-talkiei or portabte ,iOios;
unauthorized/unlicensed vendo rs; unauthorized solicitation and rrturirlt
including, but not limited to, handbills, flyers, stickers, samptes, and
giveawales; illegal and illicit substances bf any kind including
afuJor arug
p?qp_t grnatia; firearms; weapons or any kind finctuding, bui not iimited tq
pockdt knjves and pepper spray); fireworks and any ot6er explosive;
open
flames; and any other items deemed dangerous bf Millenniuin pa*'s;c.urity
orthe Chicago Police Department.

'I
I

I
I

3. Capacity:
a. Mitlennium

Park staff may close off portions of the Park that have reached
maximum safe capacity.

b. Visitors shall relinquish held space or seats at the request of Millennium
Park $taff.
4. Weather:.

5.

Concerts and performances in the Jay PriEker pavilion may be
cancelled for severe weather warnings and/or the occunence or imminent
threat of llghtning in the area. Weaffrer-related announcements ma/ne
transmitted on Twitter @Millennium_park.
Small umbrellas may only be used in inclement weather and extreme heat.

6. Professional video, audio, and photography

equipment and setup are not
allowed except for previously app rovLd in6aia' piotessionals.

,.

lnY taping of performances without prior, written permission of the performers
is prohibited.

N- Rules specific to the Jay priEker pavilion and the Great Lawn

1. Msitors may not engage in conduct that disrupts a performan@ or event.
Disruptive visitors will be asked to leave and will'be escorted out of the park.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 22 of 39 PageID #:1

!n addition to the prohibitions stated for events in Section M(2) of these Rules,
oversized blankets and any kind of staked item are prohibited on the Great
Lawn. so as not to obstruct people's views, signs are not a[owed during
performances.

to public safety concems, concert attendees may'not stand or dance in
the aisles, walkways, and rampi unless permitted ai the discretion of park
Management. The concrete pad in the rear of the seating area is available for
those who wish to dance if there is appropriate space for emergency access

3. Due

as determined by

Pa*

Management.

4.

Park visitors may save no more than one (1) seat in the pavilion, such
privilege being subject to revocation by Millenniurn Park Staff as needed for
the accommodation of people.

5.

The Great Lawn will be closed except during events.

Permits

1. Permits and approval

.
2.

are required for the performance of professional
services'and activities in the Park and may be acquired from the park
Management office at201East Randolph sheet. Food vendors, caterers,
photographers, videographers, and exhibitors all need permib to operate in
the Park, as do the producers of television, film, music, and events. For more
information go to:
httDs:l/rnhm.chicaoo.oov/citv/en/deots/dca/supp info/rates for fiiminq.html#mp

Prior approval of any professional use of the Park for any purpose must be
provided by Park Management, DCASE, and any arfist, architeit, or ihat
creative person's representatives for: the.Lurie Garden, the Jay pritzker
Pavilion, the Crown Fountrain, Cloud Gate, and any othertemporary or
permanent art or structure installed in the Park unless it is specifically
acknowledged to be in the public domain.

3. The sale of any goods, printed
without a permit.
P.

or written material, or services is prohibited

Disruptive Conduct

1. Any conduct, even if not specifically noted by these Rules, is prohibited in the
Park if it interferes with or disrupts another visitor's peaoeful enjoyment of a
performance or amenity in the Park, endangers public health or safety, may
damage Park propefty, or is prohibited by applicabre federar, state, and bcal
laws.

2.

The solicitation and receipt of funds is prohibited.

'

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 23 of 39 PageID #:1

3. Any displays, speeches, or demonstrations on park property must be
approved by DCASE and park Management, which may ihpbse-reasonabte
time, place, and manner restrlctions and may require a p6mil.

4.

Millennium Park is divided into several outdoor orooms,', each with its own
purpose or'art. These roorns are: the Jay Pritzker Pavilion and the Great
Lawn;the Lurie Garden; cloud Gate plaza; chase promenade North; chase
Promenade central; chase promenade soufir; Boeing Gallery North;'Boeing
Gallery south; wrigley square and Miflennium Monumeht; nacborrnicl
Tribune Plaza and lce Rink; and crown Fountain. sidewalks sunound
Millennium Park and connect to sidewalks within the Park, which connect the
rooms but are not part of the rooms. The making of speeches and the passint
out of written comrnunications shall be restricted-to Wrigley Squdrre anf
Millennium Monument and the sidewalks in and around [tre pa*, thougrr
closed sidewalks, whether for an event or another reason, shali not 5e
available for this purpose.

Effectivethisdate:

I

of 4fra.$-

7&-s-)iag"
ffiE

,

Z01g

Ghicago Department of CulturalAffairs & Special Events

 Case: Document 1 Filed: 09/18/19 Page 24 of 39 PageID 

EXHIBIT 

Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 25 of 39 PageID #:1

kcnnnoC. Bnrpn

MeucK

Wurunw H. BR$Ky
JOFTN

W. MAUCK

di, BexnR, LLc

oNE NoRTH LASALLE st'REET,

SoO YEON LEE

On Couttspr.

sutrE 600

CHrceGo, Ir.lrr'rols 60602
WWW.MAUCKBAKER.COM

SoRTN

A. LEAHU

'tEL:

3

12.726. 1243 FAx: 866.6 I 9.866 I

TERRY S. LU

Writer's Direct Line:
312-726-1243 x4l0
i

May 76,2019

mauck@mauckba ker.com

Mark Kelly
Commissioner
Deparbnent of Cultural Affairs and Special Events
121 N. LaSalle St.
Chicago,Illinois 60ffi2

Re:

Millennium Park Rules

Dear Commissioner Mark Kelly:

We represent four Wheaton College students who desire to evangelize at Millennium
Park through non-amplified speech and distribution of free religious literature. Three
provisions in the Mllerurium Park Rules, put into effect on Apil2,20l.9, thwart our clients'
ability to deliver, and other Park visitors from hearing, their message. We request the
Department of Cultural Affairs & Special Events change these rules to allow the customary
vibrant, colorful, energetic and vigorous exchange of ideas that have always characterized
America's best public spaces.
Section P(1) begins, "falny conducf even if not specifically noted by these ru1es, is
prohibited in the Park if it interferes with or disrupts another visitor's peaceful enjoyment of a
performance or amenity in the Park..." We request the elimination of the word "amenity."
Unlike a performance which is an active object of one's attention, an amenity is a passive object.
Concert attendees are actively engaged in an event from which they understandably do not
want to get distracted, e,g., listening to lyrics or a guitar solo. An artist or actor who is
performing certainly wants to be seen and hear without distraction. In contrast, passive
amenities in Millennium Park, Iike the Bean, art work, and open grassy areas, are permanent
aspects of which do not offer the same kind of active engagement as a concert. Visitors at the
Bean who want to enjoy the reflection of Chicago's skyline will not miss it because they turn
their heads for a few seconds. The skyline's reflection off the Bean will still be there, does not
change, and visitors can visit the Park's amenities as often as they want.

Lr essence, section P(1.) creates a Heckler's Veto. Under current language, a politically
conservative Park visitor can bar another visitor's free speech right solely for speaking
positively about Bernie Sanders. To the conservative, hearing advocacy of Democratic-Socialism

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 26 of 39 PageID #:1

could be enough to disrupt their enjoyment of the Park's amenities. A visitor who would
explain, "My family was taking a picture at the Bean and were enjoying ourselves until this guy
started handing out offensive political materials" would have a valid complaint under the Rules
but not under the Constitution. Irritation or annoyance of some opinionated minority is
unavoidable in public spaces and is never enough to prohibit someone from exercising their
First Amendment rights both to express and to hear ideas wonderful and ridiculous. The City
should not create the kind of reskictions whereby people are only capable of exercising free
speech with which no one disagrees. And given the size of Millennium Park, a few people
speaking and handing out free literature with a 30 foot radius or moving radius disrupts very
little. People can ignore the speaker, refuse the literature or walk away. 24.5 acres is space
enough for everyone.

Next, we ask the Department to eliminate section P(a). This provision labels sections of
the Park as "rooms" apparently to justify application of Limited Public Forum restrictions by
prohibiting speeches and the distribution of free written communications in all sections but
Wrigley Square or sidewalks. Public parks are expressly recognized as the quinteswntial
Traditional Public Forums in multiple court decisions because they are inherently a space where
people assemble and communicate. At public parks, people walk and talk to each other
morning, noon, and evening. They walk alone, in pairs, in families and in large groups. They
are free to enter, free to leave. They can stay for 20 minutes or an hour. They can play Frisbee on
the grass or gaze at stars. Many if not most parks in America (certainly the larger ones) have art
work and statutes which people are free to enjoy. If park visitors want something more
lestrictive, they can always go to multiple museums, a restaurant, offices, shops, or hotels. Does
not Millerurium Park fit within the preceding description of a public park? If so, how does a
novel designation of most of the Park as "looms" change this underlying reality? Is not the use
of "rooms" really just a backdoor approach to allow Park District officials the authority to limit
First Amendment rights?

The well-established and cherished right to speak and offer free literature is often
summarized as, "where the public is free to walk, it is free to talk." The Rules' abstract use of
the word "rooms" not only encroaches on the First Amendment for those who want to speak,
but also for visitors who desire to hear different points of view. We believe the City cannot
reclassify a Traditional Public Forum as a Limited Public Forum simply tfuough semantics. Our
First Amendment rights are too important, especially in the most visited athaction in the
country's third largest city. The more people, the more important it is to protect the free speech
rights of all Americans. Please eliminate section P(4).

Third, we ask the Department to eliminate section P(3). This section requires the
Wheaton College students and all other visitors to obtain permission to share their message.
Whether P(3) applies to all of Millennium Park or all of Millennium Park except Wrigley Square
and the sidewalks is unclear. However, these questions, unanswered in the Rules, highlight the
burden which the Rules impose on free speech.
1. How do visitors know about the permit requirement? WiU Millennium Park post

2.
3.
4.

signs?

Where does one go to get a permit?
How long will it take to get a permit?
\uVhat if the office is closed ol the permit grantor has gone to lunch?

Meucrc4ynnrcE

R,,,-.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 27 of 39 PageID #:1

5.
6.
7.

On what basis can a permit be denied or granted?
What if the permit is denied?
People sometimes do things casually or spontaneously. Does that mean they
cannot hand out Gospel or Bemie Sanders literature as they stroll through the
Park?

Beyond unforeseen issues that could arise with the Rules' permit requirement, why
would Chicago need to grant permission to speak once its rules are clear and constitutional?

In summaryr w€ request the Chicago Department of Cultural Affairs & Special Evenb
amend the Millennium Park Rules in three ways. First we ask the Deparbnent to eliminate
"amerity" from section P(1) for its vagueness and the Heckler's Veto it necessarily affords.
Next, we ask the Department to eliminate section P(4) entirely for its illegal classification of a
public area where people have always been free to speak and listen into one where they must
get prior permission by applying Limited Public Form restrictions based on semantics. Finally,
we ask the Deparknent to eiiminate section P(3) because of the burden required to receive
permission and the subjectivity of regulation for speech and communication in a Traditional
Pub1ic Forum.

Commissioner Kelly, we would appreciate a response by lune 3,2079. Thank you for
your consideration.

Very Truly Yours,

MAUCK & BAKEB, LLC

g-L7'h*,/
(rii*wMauck

CC:

JEREMY CHONG (JEREMY.CHONG@MY.WHEATON.EDU); GABRIEL.EMERSON@MY.\TmEATON.EDU):
CAEOEN HOOD (CAEDEN.HOOD@MY.WHEATON.EDU); MATT SWART (MATT.SWART@MY.WHEATON.EOU)

F:\Ussurosanthal\2o1905o9_llr to cfii mill6nnium2,doq

MAUCKd}BAKE

R,LLC

 Case: Document 1 Filed: 09/18/19 Page 28 of 39 PageID 

EXHIBIT 

Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 29 of 39 PageID #:1

RULES

)i(**rF

These Millennium Park Rules are being promulgated by the Commissioner of the City of
Chicago's Department of Cultural Affairs and Special Events (DCASE) pursuant to the
Municipal Code of Chicago Section 10-36-140(b), and may be enforced pursuant to
Municipal Code of Chicago Section 10-36-1a0(g). The Rules apply to activity within
Millennium Park, which is the 24.S-acre park bounded by Michigan Avenue, Randolph
Street, Columbus Drive, and Monroe Street, as well as the BP Bridge that spans
Columbus Drive and extending into Grant Park. Unless othenruise indicated, these Rules
shall not apply to the streets or the sidewalks that bound the Park or the parking
facilities located below the Park.

CHICAGO DEPARTMENT OF

DCASE
CULTURALAFFAIRS & SPECIAL EVENTS

n

Mayor Lori

E.

Lightfoot

Commissioner Mark Kelly

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 30 of 39 PageID #:1

BY AUTHOzuTY VESTED TN THE COMMISSIONER OF THE DEPARTMENT OF CULTURAL
AFFAIRS AND SPECIAL EVENTS PURSUANT TO SECTION l0-36-140(b) AND 10-36-140(9), OF
THE MUNICIPAL CODE OF CHICACO, THE FOLLOWING RULES REGARDTNG MILLENNruM
PARK ARE HEREBY ADOPTED.

By Order of the Commissioner:

Date:

Published:

Effective:

\/

16 / )ola

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 31 of 39 PageID #:1

ktrillenniurnParlc
CHICAGO
MILLENNIUM PARK RULES
Welcome to Millennium Park! Millennium Park ("Park") was created for the enjoyment of
Chicago residents and visitors. While in the Park, please respect the rights of others by
allowing open access to all areas of the Park at all times.

These Rules have been promulgated by the Commissioner of the City of Chicago's
Department of Cultural Atfairs and Special Events (DCASE) pursuant to the Municipal
Code of Chicago Section 10-36-140(b), and may be enforced pursuant to Municipal
Code of Chicago Section 10-36-140(g), The Rules apply to activity within Millennium
Park, which is the 24,5-acre park bounded by Michigan Avenue, Randolph Street,
Columbus Drive, and Monroe Street, as well as the BP Bridge that spans Columbus
Drive and extending into Grant Park. (NOTE: The Nichols Bridgeway is owned and
operated by the Art lnstitute of Chicago; any use of the Bridgeway is subject to the
review and approval of the Art lnstitute of Chicago). Unless otherwise indicated, these
Rules shall not apply to the streets or the sidewalks that bound the Park or the parking
facilities located below the Park.

ln addition to these Rules, all visitors of the Park are subject to all applicable federal,
state, and local laws. The Code of the Chicago Park District does not apply to the Park,

A.

Park Hours
The Park is open daily from 6 a.m. - 11 p.m. No person is permitted to be in the
Park outside of these hours. The Great Lawn and Jay Pritzker Pavilion may be
closed during hours when the Park is otherwise open,

B.

Restricted Behavior

1, Park visitors are prohibited from using the restroom facilities and

water

features for bathing or personal grooming.
2. Park visitors are prohibited from sleeping in the Park.
3.

Park visitors are prohibited from using any sound-emitting devices which are
clearly audible to others at a distance of over ten feet,

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 32 of 39 PageID #:1

4. Park visitors are prohibited from engaging

in any obscene or indecent acts,
including, but not limited to, exposing genitalia and engaging in sexual acts.

C.

Smoking
Smoking, including e-cigs and vaping devices, is prohibited in the following

locations in the Park:

1. The Jay Pritzker Pavilion

D.

seating area or on the Great Lawn;

2.

East and West Arcades at the Jay Pritzker Pavilion;

3.

Lurie Garden;

4,

East and West Exelon Buildings;

5.

McDonald's Cycle Center; and

6.

Any tented areas in the Park.

Vehicles and Other Mobility Devices

1.

2.

Motorized vehiclos:
a, Unless othenruise provided, the use of motorized vehicles by Park
visitors, including, but not limited to, cars, self-propelled scooters,
carts, electric personal assistive mobility devices (Segways),
hoverboards, and mopeds, is prohibited.
b. This prohibition does not apply to people with disabilities who use:
i. power wheelchairs or electric scooters (for this subsection, an
electric scooter is a three- or four-wheeled transportation device
with a seat with back support designed to assist those with
walking disabilities); or
ii. other power-driven mobility devices (OPDMD), A Park visitor
using an OPDMD may be asked to show proof of disability,
prohibition
in subsection (1)(a) does not apply to motorized
c, The
vehicles permitted by Park Management. Contractors or vendors may
acquire permits for their motorized vehicles from the Park Management
Office at 201 E. Randolph Street. The permit must be displayed in the
vehicle at all times while the vehicle is on Park property.
d, Flight of small unmanned aircraft, as defined in Section 10-36-400 of
the Municipal Code of Chicago, over Millennium Park is a violation of
that section subject to the exceptions therein.
Non-motorized vehicles:
a. Riding bicycles, skateboards, scooters, roller skates, rollerblades, or
other wheeled transportation devices in the Park is prohibited, Bicycle
parking is only permitted at the McDonald's Cycle Center and at
designated bike racks,
b, Manual wheelchairs and manually-powered mobility aids, such as
walkers, crutches, braces, and canes, are allowed.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 33 of 39 PageID #:1

E.

Receipt of Deliveries
All deliveries to the Park must be scheduled in advance with Park Management
and DCASE.

F.

Fire and Barbecue Grills
Park visitors shall not use barbecue grills or propane tanks, or otheruviss light or
use fires, in the Park.

G.

Animals
Park visitors shall not bring any animals into the Park other than service animals
as defined by 28 C.F.R. $S 35,104 and 35.136, and 720 ILCS 5/48-8.

H.

Alcoholic Beverages
No alcoholic beverages shall be sold, brought within, given away, delivered, or
consumed within the Park, except in the following circumstances:

1. Alcohol may be purchased and consumed in designated areas at restaurants
or within designated secured perimeters at properly licensed concession
stands within the Park.

2. Alcohol may be consumed or sold in designated areas within designated
secured perimeters during privately catered and City-sponsored events, as
permitted by Park Management and DCASE, subject to all applicable
ordinances and rules applicable to the cohsumption and sale of alcohol at
these events.

3.

Outside alcohol is prohibited at ticketed concerts and events presented by
permitted private production companies.

4. Alcohol may be consumed within designated secured

perimeters in the
performance
seating area and on the Great Lawn only during the
of select
free public concerts in the Jay Pritzker Pavilion, as permitted by Park
Management. DCASE may prohibit outside alcohol at designated events.

Landsca pin g/Park Property

1.

Park visitors shall not in any way disturb or destroy plants, flowers, shrubs,
leaves, or any other landscape elements, Park visitors may not place
anything in the plant beds,

2. Visitors to the Lurie Garden must stay on the designated

pathways that
surround the flower beds. Visitors shall not walk on the walls around the Lurie
Garden or in the mulch pathways within the beds.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 34 of 39 PageID #:1

J.

3,

Climbing, sitting, and standing on Park parapet walls, balconies, balustrades,
art, or other temporary or permanent Park structures is prohibited. Climbing,
sitting, standing, and sliding down the BP Bridge is prohibited,

4,

Affixing rope, signs, handbills, or other materials to any trees, shrubs, other
landscaping, or other Park property is prohibited.

5.

Park visitors shall not cut, break, or in any way injure, deface, destroy, or alter
any building, fence, monument, sculpture, bridge, sign, or other structure or
property in Millennium Park.

Littering and Recycling

1, All trash must be deposited into the provided

2.
K.

receptacles.

Recycling bins are located throughout the Park. Park visitors are encouraged
to utilize them when disposing of recyclable materials,

Water Features
1

. Park visitors shall not bring glass into Crown Fountain, Wrigley Square, or the
Lurie Garden Seam.

2.

Park visitors may enter the Crown Fountain and put their feet in the Lurie
Garden Seam.

3. Park visitors shall not stand, walk, wade, or swim in the Lurie Garden Seam
or the fountain at the Millennium Monument in Wrigley Square. Park visitors
shall not float items in the Lurie Garden Seam, or attempt to remove coins or
other material from the water.

4.

L.

lrrigation pipes run throughout the Lurie Garden. Park visitors are prohibited
from touching, moving, or picking them up. Park visitors are also prohibited
from touching the green circular irrigation covers.

Closed or Prohibited Areas
Park visitors without invitation or authorization may not enter areas closed to the
public, whether for private events or othenrrrise.

M.

Event Rules
1

. lt is important to maintain safety and security in Millennium Park. ln order to
ensure that events in the Park are enjoyable for all attendees, a security
perimeter with metal detecting wands and bag check will be in place for all
Jay Pritzker Pavilion events and select other events held in Millennium Park.
Park visitors attending any event will be subject to bag search at security
perimeters. Bags and coolers brought to events must be smaller than 26" L x

15"Wx15"H.

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 35 of 39 PageID #:1

2, The following items shall not be allowed

at Millennium Park events unless

othenruise provided for in these Rules:

pets; hammocks; flags; banners; lawn stakes; tents; canopies; shade
structures; staked or golf umbrellas; balloons; noise makers; laser pointers; all
metal knives and cutlery (though corkscrews and plastic or compostable
cutlery are allowed); motorized toys; walkie-talkies or portable radios;
unauthorizediunlicensed vendors; unauthorized solicitation and materials
including, but not limited to, handbills, flyers, stickers, samples, and
giveaways; illegal and illicit substances of any kind including drugs or drug
paraphernalia; firearms; weapons of any kind (including, but not limited to,
pocket knives and pepper spray); fireworks and any other explosive; open
flames; and any other items deemed dangerous by Millennium Park Security
or the Chicago Police Depaftment.

3

Capacity:

a.

Millennium Park staff may close off portions of the Park that have reached
maximum safe capacity.

b. Visitors shall relinquish held space or seats at the request of Millennium
Park Staff,

4. Weather:

Concerts and performances in the Jay Pritzker Pavilion may be
cancelled for severe weather warnings and/or the occurrence or imminent
threat of lightning in the area, Weather-related announcements may be
transmitted on Twitter@Millennium PqLk.

5. Srnall umbrellas

N.

may only be used in inclement weather and extreme heat.

6.

Professional video, audio, and photography equipment are not allowed except
for previously approved media professionals.

7.

Any taping of perfonnances without prior, written permission of the performers
is prohibited.

Rules Specific to the Jay PriEker Pavilion and the Great Lawn

1. Visitors may not engage in conduct that disrupts a pefformance or event.
Disruptive visitors will be asked to leave and will be escorted out of the Park,

2.

ln addition to the prohibitions stated for events in Section M(2) of these Rules,
oversized blankets and any kind of staked item is prohibited on the Great
Lawn. So as not to obstruct people's views, signs are not allowed during
performances.

3.

Due to public safety concerns, concert attendees may not stand or dance in
the aisles, walkways, and ramps unless permitted at the discretion of Park
Management. The concrete pad in the rear of the seating area is available for
those who wish to dance if there is appropriate space for emergency access
as determined by Park Management,

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 36 of 39 PageID #:1

4. Park visitors may save no more than one (1) seat in the Pavilion, surch
privilege being subject to revoqation by Millennium Park staff as needed for
the accommodation of people.

5,

O.

The Great Lawn will be closed except during events,

Permits

1. Permits

and approval are required for the performance of professional
services and activities in the Park and may be acquired from the Park
Management Office at201 E. Randolph Street. Food vendors, caterers,
photographers, videographers, and exhibitors all need permits to operate in
the Park, as do the producers of television, film, music, and events. For more
information go to:
https:/lwww,chicago.gov/city/en/depts/dca/supp_info/rates_forJilming,html#m
p

2.

Prior approval of any professional use of the Park for any purpose must be
provided by Park Management, DCASE, and any artist, architect, or that
creative person's representatives for: the Lurie Garden, the Jay Pritzker
Pavilion, the Crown Fountain, Cloud Gate, and any other temporary or
permanent aft or structure installed in the Park unless it is specifically
acknowledged to be in the public domain.

3. The sale of any goods, printed or written material, or services is prohibited
without a permit.

P.

Disruptive Conduct

1.

Conduct that objectively interferes with visitors' ability to enjoy the Park's
artistic displays, including, but not limited to, substantially impairing
pedestrian traffic, disrupting views of the aft, or conduct that endangers public
health or safety, may darnage Park propefty, or is prohibited by applicable
federal, state, and local laws, is prohibited in the Park,

2.

The solicitation and receipt of funds is prohibited in the Park.

3. Millennium Park is divided into several outdoor

"rooms," each with its own
purpose or art, These rooms are: the Jay Pritzker Pavilion and the Great
Lawn; the Lurie Garden; Cloud Gate Plaza; Chase Promenade North; Chase
Promenade Central; Chase Promenade South; Boeing Gallery North; Boeing
Gallery South; Wrigley Square and Millennium Park Monument; McCormick
Tribune Plaza and lce Rink; and Crown Fountain. Sidewalks surround
Millennium Park and connect to sidewalks within the Park, which connect the
rooms but are not part of the rooms, The making of speeches and the passing
out of written communications shall be restricted to Wrigley Square and
Millennium Park Monument and the sidewalks in and around the Park, though
closed sidewalks, whether for an event or another reason, shall not be
available for this purpose,

 Case: 1:19-cv-06213 Document #: 1 Filed: 09/18/19 Page 37 of 39 PageID #:1

Effective this date:

I( of dr?r^+f, - 2O1g

Mark Kelly, Cornmissioner
Chicago Department of CulturalAffairs & Special Events

 Case: Document 1 Filed: 09/18/19 Page 38 of 39 PageID 

EXHIBIT 

 

 

 



 

 

 

 

 

 

 



CENTER COLUMBUS DRIVE
BF BRIDGE 
i 'k i
I:




a JAY PRITZKER PAVILION GREAT LAWN 3

LURIE GARDENS 
CHASE PROMENADE
SOUTH

 

 

 
 
   

CENTRAL

-
CLOUD GATE .
BOEING GAUERY NORTH - BOEING GALLERY SOUTH
.
WRIGLEV SQUARE

G) m?

mmum PLAZA ICE RINK 

-
MICHIGAN AVENUE 0 29?50- 100' 200"cu"
U)

0