City of Batavia v. Allen

Defendant, Aleta L. Allen, was charged with violation of a Batavia, Illinois, municipal ordinance which required in part that the doors and windows of taverns remain closed during business hours. Defendant moved to dismiss the charge alleging that the ordinance was unconstitutional. The trial court agreed with defendant and declared the ordinance unconstitutional. The city appeals.

Defendant was charged with violation of municipal ordinance 89 — 33 (Batavia, Ill., Municipal Code, title 3, ch. 3 — 9—E (1989)). That ordinance states:

“All doorways to premises upon which the sale of alcoholic…