In Ezell – Chicago’s New Range Ordinance Doesn’t Moot Case

Another win for Rhonda Ezell and the team of Alan Gura and David Sigale!

In a decision released today, Judge Virginia Kendall said that despite the rewriting of the Chicago Gun Range Ordinance, it doesn’t moot the case and denied the City of Chicago’s motion to dismiss the case.

Though the Court cannot conclude that the new ordinance is the same as the old without further litigation, as the Supreme Court did in Northeastern Florida, it is consistent with that case not to dismiss the instant litigation as moot and instead to let the parties litigate the issue of whether the new ordinance is a de facto ban on firing ranges or so burdensome as to infringe on Chicagoan’s Second Amendment rights. Moreover, as a practical matter, Ezell is either going to: (1) challenge the constitutionality of these restrictions by filing an amended complaint as part of this case; or (2) file a new case attacking the same restrictions. The Court sees no upside in making the parties start over with another judge who has less familiarity with the issues and facts of the case than this Court.

She then set Friday, September 30th as the deadline for the parties to submit an agreed proposed injunction order or separate proposed injunction orders if they cannot agree. The plaintiffs have until October 15th to submit an amended complaint which her attorneys have indicated they will doing. Finally, she set a status hearing for October 26th.

Rhonda Ezell On Fox Chicago Sunday

Rhonda Ezell, the lead plaintiff in Ezell v. Chicago, was a guest on Fox Chicago Sunday along with attorney David Sigale. The thing that impressed me the most about her interview was the quiet conviction and dignity she brings to the issue especially in the face of the questions from political reporter Mike Flannery. You could tell she was nervous being on television but she never lost her composure. She was asked questions about the lawsuit as well as about concealed carry in Illinois.

Flannery gave the impression that the Ezell lawsuit along with McDonald and all the other Second Amendment lawsuits were being funded by the “gun industry”. While the Second Amendment Foundation supported both lawsuits, they are not the “gun industry”. I just wish David Sigale had challenged Flannery on that but overall I think he did well.

FOX Chicago Sunday: Rhonda Ezell on Gun Rights:

H/T Colleen Lawson