City of Rockford, IL

Police Indifferent to Crime and Threats

It is always important to make judgments based on what someone does, not on what they say (especially if it's a lawyer doing the "saying").  Rockford, IL City Legal Director Patrick Hayes says, "The city is very serious about First Amendment protections and reacts quickly when those rights are threatened."  While Mr. Hayes says so, do the actions of the city support the assertion?  Not even close!

You may not know this but the city of Rockford was involved in a landmark US Supreme Court decision back the 1960s regarding 1^st Amendment free speech, known as Grayned vs. City of Rockford, IL.  The Grayned case involves the city noise ordinance, which ruling forced the city to change its ordinance to the one now in use.  Some things just don't change; such as the use of an unconstitutional ordinance (not to mention they changed the noise ordinance to an equally unconstitutional form - more on that later).

Kevin Rilott (et al) is bringing a federal lawsuit against the City of Rockford, IL for violation of 1^st Amendment rights of free speech.  In 2006, Mr. Rilott and a small group of individuals contracted Wright Advertising and signed a 1 year contract to place an ad on a bus bench on the corner of E. State St. and Summit Av.  The principle problem is not the constant destruction of the bench message, nor that the individual was known to the police who was being destructive: it is about the City of Rockford putting pressure on Wright Advertising to break the contract with 6 months remaining in the 12 month contract with Mr. Rillott.  This action is what is at the center of the contention in the federal suit being filed. 

Now there has been an amended complaint that includes Wayne Webster and Keith Sterkeson as defendants along with the City of Rockford, because of the Rockford City Police routinely ignoring harassment, assault, and threats against Mr. Rillot and others, while engaged in First Amendment activities, similarly to the bus bench incident by these two individuals.  The common denominator is the indifference by the City Police to the complaints of crimes and threats.

Background

There's an old adage that says: "familiarity breeds contempt."  That applies here, in that all parties have known, or known of, each other for years.  Kevin Rilott and a few others are regulars to the sidewalk at Broadway and 10^th St on the city's lower SE side.  Every Tuesday and Friday morning they are there to offer help to the people coming to the only abortion clinic in all of northern Illinois.  Wayne Webster is the owner of the building that houses the abortion clinic and provides "security" as part of his lease arrangement.  Keith Sterkeson is a neighbor in the 10^th and Broadway area and who comes out when Rilott is there, like a raving lunatic, commanding him to "bow down and worship me" and claiming that "I am God" and all sorts of craziness.  These and the other filthy things he says have been recorded on video tape, and I have witnessed them first hand also.  The bus bench sits in front of SwedishAmercian Hospital, which sponsors the abortionist with hospital privileges, and which has been the scene of protests for years.  The message on the bench that was repeatedly destroyed simply said, in clean black letters on white background, "Abortion Kills Children." 

It would be easy for the average person to see the law suit as a vendetta, or as a means of getting money or some other satisfaction; but it's not.  It is about the indifference of the city police and the city's willingness to give privileges to some while stabbing others in the back.  It is the hope of those involved that the city be exposed for this preferential treatment and to force the police to provide protection they are sworn to provide, to all. 

Here's a question that needs asking: what did SwedishAmerican have to do with this?  As soon as the bench was available the message "Support Our Schools" appeared on it, in the SAH's colors of soft purple and blue.  Within the last year, the bench now bears a message using the SAH logo.  Everyone knows that SAH is buying up neighborhood property around their main campus.  We all know about the expansion of the Renaissance Center and the Heart Hospital, as well as taking over Camelot Tower – not to mention the improvements to the entrance.   All of this is certainly evidence that a message directly in front of the main entrance of the hospital impugns the essential charter and work of the hospital (death not life) and is viewed by them as an indignity.  Did they go to the city and police to collude against Kevin Rilott's simple bench message to remove what they considered an "eye-sore?" 

For sure the city has more important matters to tend to than some private property issues on a bus bench; but consider that the city legal department got involved and forced Wright Advertising to break their contract, who lost 6 months of revenue.  That is very unusual action to come out of a very over-burdened legal department all on its own merit.  Something smells about this.  Did they cover the 6 months of lost revenue caused by cancelling Ritlott's contract for the bench?  We want to know.

Back to the bench itself: After the first couple of times the bench was defaced with the words "F**k You" Mr. Rilott did a stake-out to see if he could see who was doing the defacing.  It didn't take long at all; Mr. Rilott took pictures of a female city bus driver in the act of defacing the bench.  Armed with her name, pictorial proof, and an eye-witness account, he took it directly to the police who proceeded to do nothing.  Now, it's hard to imagine that on one side of the city the legal department would use their time and muscle to remove the ad from the bench and on the other side of the city the police would do nothing against a public worker caught in the act of defacing the same bench.  Something stinks about this.

Now enter Webster and Sterkeson: these two are being alleged to harass and threaten law-abiding people, causing 911 to be called.  It is common that 911 calls receive top priority, but when they come from 10^th and Broadway it routinely takes up to 60 minutes for city police to arrive.  Why the slow response?  It is reported that police deride those who go down to the abortion mill and have to be forced to take reports of wrong doing and threats made. 

It is also reported that there have been several accusations, and some convictions, of the nuisance noise ordinance against some who, like Rilott, go to the abortion clinic but when Webster and Sterkeson (as well as others in the neighborhood) do the very same things, they get no police notice.  Let's even take it out of the 10^th and Broadway area and consider the neighborhoods around and behind Bachrodt on State and Anderson Dodge – the speaker system can be heard 6 blocks away.  Why nothing from the city on that situation?  

We're not trying to make trouble for anyone, except that there should not be preferential treatment by our public officials toward some, while others suffer resulting from inaction.  The public needs to know this side of the story, because it is very important for the real health of our community and the vitality of our town.  Next time it might involve you. 

It is a sad commentary that it takes a federal law suit to force the issue of public safety and the protections of foundational First Amendment rights guaranteed to all of us, not just the large and important people and organizations in our town.  It is a sad commentary that it takes a federal law suit to flush out the names of those who are behind this.  It is a sad commentary that it takes a federal law suit to establish a just treatment of good people who try to do good things using legal means to do so.

Now the city has placed a response (below) on the front page of the city's official website.  It is interesting there would be a response even though there has not been a formal serving of the law suit.  Why are they trying to put a defense out there if there is no action being forced by the court?  The suit could be thrown out and never see the light of day.  It's as if their attention to the news story sparks some sense of guilt and looking-over-the-shoulder.  Of course, even if they are portraying their actions correctly that still doesn't speak to the unusual (and inconsistent) actions taken regarding the bench – I mean, how many other "eye-sores" are out there in our city?  Please!  What do they take us for?

CITY RESPONDS TO SUIT ALLEGING FIRST AMENDMENT VIOLATION

IN NUISANCE ABATEMENT ACTION

ROCKFORD – Nearly two years after the City of Rockford commenced the initial action to abate a poorly maintained bench at East State and Summit, the Thomas Moore Society, a Public Interest Law Firm, has filed suit alleging the City's action violated the First Amendment of the U. S. Constitution. This City has not been formally served with the lawsuit. The suit as filed, and media comments by plaintiffs' counsel fail to recognize that the City took immediate action nearly two years ago to affirm the advertising company's ability to post the message originally placed on the bench, so long as the bench was properly maintained.

During March and April of 2006, the City of Rockford received several citizen complaints regarding the condition of a bench at East State and Summit. The bench had become a regular target of vandals and apparent opponents to the message on the advertisement panel of the bench. Proponents of the message had resorted to re-painting the original message over the vandalized panel.

On April 21, 2006, City public works staff corresponded with the advertising company responsible for the bench. The letter stated the sign was in violation of City code regarding maintenance of advertising. On April 28, 2006, City Legal Staff clarified the earlier notice and indicated that the content of the sign was not in violation of City ordinances, and could be restored, so long as the bench was properly maintained.

The City's initial action to abate the poorly maintained bench was appropriate and the City acted immediately to clarify the nature of the violation when the City's initial communication raised First Amendment protection concerns. The City accepts its serious obligations to protect the rights of our citizens, and properly discharged that obligation in abating the nuisance in this matter.

As written at http://www.ci.rockford.il.us/

Call Mayor Morrissey (815-987-5590), City Legal Director Patrick Hayes (815-987-5540), your Alderman (815-987-5546), and Chief of Police Epperson (815-987-5800) and voice your concern that these sorts of favoritisms and appearances of favoritism are not acceptable.