Legal Opinion · Dissent

BOOM TOWN SALOON, INC. v. City of Chicago

Appellate Court of Illinois

Decided July 14, 2008No. 1-07-0239Published

1DissentJustice Garcia

I question the position taken by the majority that evidence the patron “called out” to the bartender and that he used his thumb over his shoulder as he approached the bar in the direction of the poker machine can somehow be “disregard[ed].” 384 Ill. App. 3d at 35. You can no more “disregard” those observations of the investigating officer then you can “disregard” the remainder of his testimony describing what he observed. For the reasons stated below, I submit all of the observed conduct testified to by Officer Sobczyk was properly before the Commissioner. And the Commissioner was free to…

2Cases cited2 opinions

  1. People v. StewartIllinois Supreme Court · 1984
  2. People v. E.H.Appellate Court of Illinois · 1998

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