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FINISH LINE EXPRESS, INC. v. CITY OF CHICAGO

No. 50693.

72 Ill.2d 131 (1978)

379 N.E.2d 290

FINISH LINE EXPRESS, INC., et al., Appellees, v. THE CITY OF CHICAGO et al. — (William J. Scott, Attorney General, Appellant.)

Supreme Court of Illinois.

Opinion filed July 14, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Fred F. Herzog, Special Assistant Attorney General, Paul J. Bargiel, Patricia Rosen, Gregory Lawton, Robert G. Epsteen, and William Lyle Perlman, Assistant Attorneys General, of Chicago, of counsel), for appellant.

Feiwell, Galper & Lasky, Ltd., and Block, Levy & Becker, of Chicago (George S. Feiwell, Michael A. Braun, Daniel C. Meenan, Jr., Alvin R. Becker, and Edward A. Scott III, of counsel), for appellees.

Edward M. White, of Chicago, for amici curiae Arlington Park — Washington Park Race Tracks Corp., Estate of Thomas Carey, d/b/a Hawthorne Race Course, National Jockey Club, Balmoral Racing Club, Suburban Downs, Inc., Chicago Downs Association, Inc., Fox Valley Trotting Club, Inc., and Maywood Park Trotting Association.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

Plaintiffs, corporations operating businesses commonly called racetrack-messenger services, brought this action in the circuit court of Cook County challenging the constitutionality of section 39.1 of the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1977, ch. 8, par. 37-39.1), which makes it a felony to accept, for a fee, money to be delivered...

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