The case is Gowder v. City of Chicago, et al. The case was filed a little over a year ago and has been speedily concluded... At this stage. I fully expect that Chicago will appeal and motion for a stay at the same time.
The amended complaint may be read here:
http://www.archive.org/download/gov....52864.13.0.pdf
The opinion of the court is here:
http://www.archive.org/download/gov....52864.66.0.pdf
A look at the docket (
http://www.archive.org/download/gov....64.docket.html) will show you what has happened.
What is interesting about this case, other than it was completely under the radar, is what the Judge has done. In finding for the plaintiff, the judge made 4 separate findings. 1) The ordinance in question was unconstitutionally void for vagueness. 2) The ordinance was unconstitutional as it violated Gowder's 2A rights when analyzed under text, history and tradition. 3) Using Strict Scrutiny, the ordinance unconstitutionally violated Gowder's 2A rights. 4)Using Intermediate Scrutiny, the ordinance unconstitutionally violated Gowder's 2A rights.
Pick one. The Judge covered all his bases.
It goes even further, as like Judge Legg in
Woolard, Judge Der-Yeghiayan cited just about every 7th circuit precedent that went to his points. In order to overturn this decision, the circuit would have to overturn both
Skoien and
Ezell. That's just not going to happen.
Unlike
Ezell, Chicago is not going to be able to get a quick fix in the wording, as the Judge made it very plain that the City cannot void the rights of non-violent misdemeanants.