GRIFFITH v. BOWER

No. 5-99-0829.

747 N.E.2d 423 (2001)

319 Ill. App.3d 993

254 Ill.Dec. 383

Keith GRIFFITH and Terry Williams, Plaintiffs-Appellants, v. Glen BOWER, Director of Revenue, Defendant-Appellee (Patty Redpath, in Her Own Behalf and as Natural Guardian of Her Children Joey Redpath, Jesse Redpath, and Alex Redpath; Dr. Matthew Kuhn, in His Own Behalf and as Natural Guardian of His Children Alexis Kuhn and Andrew Kuhn; Mary Ellen Lovell, in Her Own Behalf and as Natural Guardian of Her Children Ryan Lovell and Hayley Lovell; Maria Razo, in Her Own Behalf and as Natural Guardian of Her Children Cecilia Razo and Gloria Razo; Rabbi David Schnell, in His Own Behalf and as Natural Guardian of His Children Tzvi Schnell, Aviva Schnell, Devora Schnell, Shmuel Schnell, Nechama Schnell, Ephraim Schnell, and Esther Schnell; Silvia Espinoza, in Her Own Behalf and as Natural Guardian of Her Children Daniel Espinoza, Onyx Espinoza, and Christopher Espinoza; Dr. Shakir Moiduddin, in His Own Behalf and as Natural Guardian of His Children Abed Moiduddin and Akif Moiduddin; Anne Sapienza, in Her Own Behalf and as Natural Guardian of Her Children Christina Sapienza, Andrea Sapienza, Gerard Sapienza, Maria Sapienza, Phillip Sapienza, and Gina Sapienza; Steven Pancer, in His Own Behalf and as Natural Guardian of His Children Joshua Pancer, Ari Pancer, and Meir Pancer; Michael Riordan, in His Own Behalf and as Natural Guardian of His Children Brian Riordan and Kevin Riordan; Dalyn Dye, in His Own Behalf and as Natural Guardian of His Child Nathan Dye; and Helen Mixon, in Her Own Behalf and as Natural Guardian of Her Child Termaine Mixon, Intervening Defendants-Appellees).

Appellate Court of Illinois, Fifth District.

April 3, 2001.


Attorney(s) appearing for the Case

Melissa J. Auerbach, Richard J. Tupper, Cornfield and Feldman, Chicago, for Keith Griffith and Terry Williams.

Jane M. Whicher, Harvey Grossman, Lauren B. Raphael, The Roger Baldwin Foundation of the ACLU, Inc.; Jonathan K. Baum, Katten Muchin & Zavis, Chicago, for amici curiae The American Civil Liberties Union of Illinois, Designs for Change, Parents United for Responsible Education, and Schools First.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for Glen Bower, Director of Revenue.

Ron D. Coffel, Benton; Clint Bolick, William H. Mellor, Matthew Berry, Institute for Justice, Washington, DC, for intervenors Patty Redpath, et al.


Justice RARICK delivered the opinion of the court:

Keith Griffith (a public school teacher) and Terry Williams (a parent of children attending public school) (plaintiffs) filed a declaratory judgment action requesting that the Education Expense Credit Act (Act) (Pub. Act 91-9, § 5, eff. January 1, 2000 (adding 35 ILCS 5/201(m) (West Supp.1999))) be declared unconstitutional because it violates article I, section 3, and article X, section 3, of the Illinois Constitution...

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