Illinois Native American Bar Ass'n v. 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. 740 ILCS 23/5 (West 2004). They ask for a declaratory judgment, damages, and an injunction ordering a stop to the performance and barring any University use of Chief Illiniwek (the Chief), whom the plaintiffs refer to as a “sports mascot,” while the defendants describe him as a “symbol.”

Defe…