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ELECTRONICALLY FILED
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2/1/2018 9:11 AM
2018-CH-01393
CALENDAR: 04
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. PAGE l of 6
CIRCUIT COURT OF
I COOK COUNTY, ILLINOIS
i ,.CHANCERY DIVISION
IN THE CIRCUIT COURT OF COOK COUNTY, 1lLLl~tJ!!:rtK DOROTHY BROWN
COUNTY DEPARTMENT, CHANCERY DIV1Si6N---- ---------·- ---

LUCY PARSONS LABS, )

)
Plaintiff, )
)
V. )
)
CITY OF CHICAGO MAYOR'S )
OFFICE, )
)
Defendant. )

COMPLAINT

NOW COMES Plaintiff, LUCY PARSONS LABS, by its undersigned attorneys,

LOEVY & LOEVY, and brings this suit to overturn Defendant CITY OF CHICAGO MAYOR'S

OFFICE's refusal, in willful violation of the Illinois Freedom of Information Act, to produce

records related to Chicago's bid for Amazon's new headquarters. In support of its Complaint,

LPL states as follows:

INTRODUCTION

l. Pursuant to the 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 are represent them as public officials and public employees consistent with the terms

of the Illinois Freedom of Information Act ("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
government 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 had the burden of

proving by clear and convincing evidence that it is exempt. 5 ILCS 140/3.

4. Under FOIA Section 11 (h), "except as to causes the court considers to be of

greater importance, proceedings arising under [FOIA] 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."

PARTIES

5. Plaintiff LUCY PARSONS LABS is a non-profit based in Illinois and is the

FOIA requester in this case. The request was sent by its executive director Freddy Martinez.

6. Defendant CITY OF CHICAGO MAYOR'S OFFICE is a public body located in

Cook County, Illinois.

BACKGROUND

7. In September 2017, Amazon released a request for proposal for its second No11h

American headquarters, known as HQ2. Since Amazon released the RFP prospective cities have

offered billions of dollars in tax breaks against city and state taxes. The Mayor's Office has

offered ten locations as the site for HQ2, but very little information on the details of the bid.

8. At last estimate, the City of Chicago's parking meter deal has cost tax payers $41

million dollars since inception and that amount will continue to rise since the city must

reimburse the parking meter company for any Jost revenue. The First District Appellate Court
 had the following to say about the controversial parking meter privatization deal while holding

that the taxpayers could not undo it:

The City of Chicago, as do other governmental units throughout the state and
country, faces fiscal challenges. There is no doubt that when presented with an
opportunity to receive over $1.15 billion to be put to use for the public purposes
and benefit, the City saw a chance to ease its financial burdens. *** Despite these
benefits received by the City, the concession agreement has been criticized and
subjected to healthy debate. We urge the City and the city council to debate and
act wisely in the future when seeking to ease the financial crisis.

Independent Voters of Illinois Independent Precinct Organization v. Ahmad, 2014 IL App (1st)

123629, at ,J 89.

9. The bidding period for Amazon's HQ2 headquarters ended in October 2017.

Since the bidding period has ended disclosure cannot result in competitive harm.
0
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....l 10. Moreover, other bidders for Amazon's HQ2 headquarters including Boston,

Miami, Philadelphia and Montgomery County, Maryland have all released their bids publicly,

, highlighting the fact that disclosure will not cause competitive harm.

https://www.muckrock.com/news/archives/20 l 8/jan/18/arnazon-

finalists/?utm source=MuckRock+Wide+List&utm campaien=e7a625a459-

europa&utm rnedium=email&utm terrn=O 20aa4a93 ld-e7a625a459-364944069.

NOVEMBER 8, 2017 FOIA REQUEST

11. On November 8, 2017, LPL requested, "[a] copy of the bid submitted in response

to Amazon's request for proposals for the site of its second headquarters, any contracts with

third-party providers for services rendered regarding the Amazon HQ2 bid, and any marketing

budgets regarding Amazon-related expenditures from September I, 2017 to the date this request

is received." LPL also requested "[a]ny and all communications between the Mayor's office and

Amazon." A true and correct copy is attached as Group Exhibit A.

 12. After receiving no response from the MAYOR's OFFICE, LPL followed up on

November 16, 2017. A true and correct copy of the correspondence is attached as part of Group

Exhibit A.

13. On November 16, 2017, MAYOR's OFFICE responded stating that Section

7(l)(h) exempts the bid itselffrom disclosure. 5 ILCS 140/7(l)(h).

14. Section 7(1)(h) exempts bids that were solicited by the public body, not the public

body's bids to someone else. 5 ILCS 140/7(1 )(h). Moreover, as the bidding period has ended,

disclosure cannot result in competitive harm. A true and coITect copy is attached as part of

Group Exhibit A.

15. Citing Section 3(g), the MAYOR's OFFICE also stated that there was insufficient
0
CJ..l
....J public interest to warrant disclosure of communications between the MAYO R's OFFICE and

Amazon. A true and correct copy is attached as part of Group Exhibit A.

16. The MAYOR 's OFFICE produced some records residing on the Mayor's non-

governmental email accounts (but nothing from governmental email accounts) and redactions

were made pursuant to Section 7( 1 )(b ). A true and correct copy is attached as part of Group

Exhibit A.

17. The MA YOR's OFFICE stated that it did not have any records responsive to the

requests for contracts with third-party vendors and marketing budgets. A true and cotTect copy is

attached as part of Group Exhibit A.

COUNT I- WILLFUL VIOLATION OF FOIA

18. The above paragraphs are incorporated by reference.

19. CITY OF CHICAGO MA YOR's OFFICE is a public body under FOIA.

 20. TI1e records sought in LPL's FOIA request are non-exempt public records of

MA YOR's OFFICE.

21. CITY OF CHICAGO MA YOR's OFFICE has violated FOIA by refusing to

produce the requested records.

WHEREFORE, LPL asks the Court:

1. in accordance with FOIA Section 11 (f), afford this case precedence on the Court's

docket except as to causes the Court considers to be of greater importance, assign

this case for hearing and trial at the earliest practicable date, and expedite this

case 111 every way;

11. declare that the MA YOR's OFFICE has violated FOIA;

JI I. order MA YOR's OFFICE to produce the requested records under FOIA;

IV. enjoin MAYO R's OFFICE from withholding non-exempt public records under

FOIA;

V. order the MA YOR's OFFICE to pay civil penalties;

vi. award LPL reasonable attorney's fees and costs; and

v11. award such other relief the Court considers appropriate.

RESPECTFULLY SUBMITTED,

Isl Joshua Hart Burday

Attorneys for Plaintiff

LUCY PARSONS LABS

Matthew Topic
Joshua Burday
LOEVY & LOEVY
311 North Aberdeen, 3rd Floor
Chicago, IL 60607
312-243-5900
foia@loevy.com
Atty. No. 41295