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DOTTY'S CAFE v. ILLINOIS GAMING BD.

No. 1-17-3207.

143 N.E.3d 173 (2019)

2019 IL App (1st) 173207

DOTTY'S CAFE, a/k/a Illinois Cafe & Services Company, LLC, and Stella's Place and Shelby's, a/k/a Laredo Hospitality Ventures, LLC, Plaintiffs-Appellants, v. The ILLINOIS GAMING BOARD; Donald R. Tracy, Hector Alejandre, Thomas A. Dunn, Dee Robinson, and Steven C. Dolins, in Their Official Capacities as Members of the Illinois Gaming Board; Mark Ostrowski, in His Official Capacity as Administrator of the Illinois Gaming Board; The Illinois Gaming Machine Operators Association; J & J Ventures Gaming, LLC; and Accel Entertainment Gaming, LLC, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Filed May 23, 2019.

Attorney(s) appearing for the Case

Dan K. Webb , David E. Dahlquist , Matthew R. Carter , Patrick R. O'Meara , and Ross J. Corbett , of Winston & Strawn LLP, of Chicago, for appellants.

Kwame Raoul , Attorney General, of Chicago ( David L. Franklin , Solicitor General, and Frank H. Bieszczat , Assistant Attorney General, of counsel), for appellees Illinois Gaming Board, Donald R. Tracy, Hector Alejandre, Thomas A. Dunn, Dee Robinson, Steven C. Dolins, and Mark Ostrowski.

Kim R. Walberg and Richard Y. Hu , of Taft Stettinius & Hollister LLP, Donna B. More , William Bogot , and Michael J. Neville , of Fox Rothschild LLP, and Christopher B. Wilson , of Perkins Coie LLP, all of Chicago, for other appellees.

OPINION

¶ 1 Plaintiffs, Dotty's Cafe, Stella's Place, and Shelby's, challenged the constitutionality of two provisions of the Video Gaming Act (Gaming Act) (230 ILCS 40/1 et seq. (West 2016)), one that prohibits certain businesses involved in video gaming from...

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