ILLINOIS NATIVE AMERICAN v. UNIV. OF ILL.

No. 1-06-0290.

856 N.E.2d 460 (2006)

368 Ill. App.3d 321

305 Ill.Dec. 655

ILLINOIS NATIVE AMERICAN BAR ASSOCIATION (INABA), an Illinois Non-for-Profit Corporation, Stephen Naranjo, a University of Illinois at Chicago student; Roger Fontana, a Champaign resident; Bess Van Asselt, a University of Illinois at Champaign Urbana student; John Low, an enrolled Potawatomi; and Tom Cafcas, a University of Illinois at Champaign-Urbana student, Plaintiffs-Appellants, v. The UNIVERSITY OF ILLINOIS BY ITS BOARD OF TRUSTEES and Trustees David Dorris, Kenneth D. Schmidt, Frances G. Carroll, Lawrence C. Eppley, Marjorie E. Sodermann, Robert F. Vickrey, Devon C. Bruce, Niranjan S. Shah, Robert Y. Sperling, Natalie A. Garcia, Andrew M. Hollingsead, and Matthew T. Diller, in their official capacity, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

September 19, 2006.


Attorney(s) appearing for the Case

Richard L. Hutchison, Hutchison, Anders and Hickey, Tinley Park, Kenneth P. Dobbs, Dobbs and Hutchison, Chicago, for Appellants.

William D. Heinz, Russell J. Hoover, Barry Levenstam, and Wade A. Thomson, Jenner & Block LLP, Chicago, for Appellee The Board of Trustees of the University of Illinois.


Presiding Justice WOLFSON delivered the opinion of the court:

At some point during the halftime of University of Illinois football games Chief Illiniwek performs a certain dance. The plaintiffs filed a lawsuit against the University, contending the performance violates the Illinois Civil Rights Act of 2003. They ask for a declaratory judgment, damages, and an injunction ordering a stop to the performance and barring any University use of Chief Illiniwek, whom the...

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