Case: 3:08-cv-50045 Document #: 115 Filed: 02/28/13 Page 1 of 7 PageID #:532

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION KEVIN and DONNA RILOTT, et al., Plaintiffs, v. CITY OF ROCKFORD, ILLINOIS, a municipal corporation, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 08 C 50045

District Judge Kapala Magistrate Judge Mahoney

STIPULATION TO DISMISS It is hereby stipulated and agreed by and between the parties to this document, through their respective counsel, that this matter between plaintiffs, Kevin Rilott, et al., and defendant, City of Rockford, a municipal corporation, be dismissed without prejudice, on account of settlement, pursuant to the terms of the Settlement Agreement attached hereto as Exhibit A, with the Court to retain jurisdiction over compliance with the Settlement Agreement, for a period of two years from the entry of an Order of dismissal. PLAINTIFFS, KEVIN RILOTT, ET AL. By: /s/Thomas Brejcha One of their attorneys Thomas Brejcha Peter Breen THOMAS MORE SOCIETY a public interest law firm 29 S. LaSalle, Ste. 440 Chicago, Ill. 60603 (312) 782-1680 Jason R. Craddock Attorney at Law 29 S. LaSalle, Ste. 440 Chicago, Ill. 60603 (312) 629-2818 CITY OF ROCKFORD By: /s/Angela Hammer One of its attorneys Patrick W. Hayes Angela L. Hammer CITY OF ROCKFORD DEPARTMENT OF LAW City Hall 7th Floor 425 East State Street Rockford, IL 61104 (815) 987-5540

Case: 3:08-cv-50045 Document #: 115 Filed: 02/28/13 Page 2 of 7 PageID #:533

EXHIBIT A

Case: 3:08-cv-50045 Document #: 115 Filed: 02/28/13 Page 3 of 7 PageID #:534

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION KEVIN and DONNA RILOTT, et al, Plaintiffs, v. CITY OF ROCKFORD, ILLINOIS, a municipal corporation, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 08 C 50045

SETTLEMENT AGREEMENT Plaintiffs, by and through their attorneys, Thomas Brejcha and Peter Breen of the THOMAS MORE SOCIETY, a public interest law firm, and Jason R. Craddock, Attorney at Law (collectively the Plaintiffs), and Defendant, the CITY OF ROCKFORD (the City), by and through its attorneys, CITY OF ROCKFORD DEPARTMENT OF LAW, Patrick W. Hayes, Legal Director, and Angela L. Hammer, Assistant City Attorney, enter into the following Settlement Agreement, and state as follows: WHEREAS, the parties mutually recognize the fundamental interests that motivate their actions in this matter, to wit: Plaintiffs interests in protecting and exercising their First Amendment rights to free speech and assembly and in assuring that women and girls facing a choice whether or not to abort their pregnancy have information about and access to real alternatives to abortion, and the Citys obligations and responsibilities to all its citizens to promote public safety and order and to protect property rights, along with the use and quiet enjoyment of those rights and to protect citizens rights to exercise their First Amendments rights as well as their right to choose whether or not to have abortions;

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WHEREAS, the Defendant has denied and contested the claims asserted; WHEREAS, the parties mutually recognize that the right to choose whether or not to abort a pregnancy touches deeply held religious, moral, personal, and political convictions, the advocacy and exercise of which is protected as a fundamental right under the First Amendment of the United States Constitution; WHEREAS, the parties mutually recognize that Rockford is a large and growing municipality with a widely diverse population and that the Citys governing ordinances and policies must be applied and enforced to address the wide range of interests and needs that characterize Rockfords citizens without bias or discrimination as to race, creed, color, religion or social, moral or political viewpoint; WHEREAS, the parties mutually recognize and commit to the proposition that principles of civility and respect for the well-being of the community should guide the relations between the parties; WHEREAS, the parties mutually seek to avoid the expense, risk, uncertainty, and stress that litigation of this matter would entail; THEREFORE, the parties agree to settle and fully and completely resolve any and all disputes held between them by entering into this Settlement Agreement (the Agreement), the terms, conditions and provisions of which are set forth as follows: I. REVIEW OF CITY ORDINANCES

The City recognizes that its governing ordinances as written and applied should not violate the fundamental rights of its citizens to freedom of expression and assembly. In order to ensure the protection of these fundamental rights to all Rockford citizens, the City agrees to revise and/or repeal City of Rockford Code of Ordinances 17-35, 26-33, 117-5 and 117-6.

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As part of this process, the City will provide Plaintiffs and/or a representative or agent the opportunity to review and comment on drafts of the revisions to any of the above-listed ordinances prior to enactment of any amended provisions by the Rockford City Council. II. TRAINING

The City recognizes that one way to promote both understanding and protection of the First Amendment freedom of speech and freedom of assembly rights of all its citizens is to provide training to Rockford Police Department officers whose duties bring them into contact with citizens on a regular basis. In order to provide ongoing training pertaining to citizens rights to freedom of speech and assembly, the City shall take the following steps: A. Make training on issues regarding First Amendment rights a standard part of the annual training required of each full-time sworn officer in the Rockford Police Department; B. Ensure that training on First Amendment rights is provided by a member of the Rockford Police Department or by an individual selected by the City who is fully qualified to instruct police officers in the protection of citizens First Amendment rights; and, C. Consider use of lecture materials provided by the Institute on the Constitution, for purposes of training law enforcement on First Amendment issues. III.GRIEVANCE PROCEDURES The parties believe that one way to promote civility and mutual respect for their interests is through the establishment of a protocol that will be used to air grievances when they arise. This grievance protocol will provide a mechanism for collecting accurate information when an

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allegation arises that the actions of a representative of either party threaten mutually recognized interests. Additionally, the protocol will allow for the prompt and direct communication between representatives of the parties so that misunderstanding can be minimized and effective remedial measures will be implemented that responds to alleged grievances. The protocol shall consist of the following: A. Liasons Plaintiffs and Defendant each shall designate a representative to whom concerns about violations of the Agreement could be communicated. Upon receiving a report of an Agreement violation, the liason shall have three (3) business days to investigate the allegations and report to the party raising the allegation the results of the inquiry, which may be extended, if necessary, by mutual consent. B. Status Meetings Representatives of the parties shall meet semiannually to assess the status of compliance with the terms of the Agreement, and on other occasions as needed. Participants in status meetings shall include a senior officer of the Rockford Police Department, a senior representative of the Rockford City government, a leadership representative of the Plaintiffs, and the two designated party liasons. Status meetings shall provide a means for the parties to discuss reported violations of the Agreement, to give notice of upcoming events where necessary, and to maintain a means of communication between the parties to the Agreement. To the extent that status meetings include discussions intended to resolve disputes between the parties, the discussions shall be treated as settlement discussions and accorded strict confidentiality. C. Dispute Resolution and Court Involvement The parties believe that Court involvement should be necessary only in the resolution of extreme and intractable problems. Before a party brings any action to the Court, the grievant shall provide the other party with a written statement of the grievance and allow seven (7) calendar days for resolution of the problem, unless there is an emergency requiring immediate court relief. No court action shall be commenced until after the seven (7) day period has concluded.

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2-28-13

/s/Angela Hammer