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Serpico v. Village of Elmwood Park

799 N.E.2d 961 (2003)

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Serpico v. Village of Elmwood Park

Illinois Appellate Court
799 N.E.2d 961 (2003)

  • Written by Tammy Boggs, JD

Facts

Phillip Serpico owned and operated Phil’s Sports Bar (plaintiffs) in the Village of Elmwood Park (the village) (defendant). At the sports bar, Serpico maintained two video slot machines. Thereafter, in 2001, the village enacted an ordinance (the ordinance) that prohibited anyone from operating or maintaining any simulated video or mechanical gaming device within the village. The ordinance specifically defined the prohibited gaming devices as “any video poker machine, video or mechanical slot machine, video or mechanical bingo machine, or other device which involves any game of chance . . . .” Serpico removed his two video slot machines and sued the village and related individuals (defendants) for a declaratory judgment that the ordinance was unconstitutional on First Amendment or due-process grounds, among others. The village police chief testified that the types of gaming devices specified in the ordinance were often used for illegal gambling and gaming, which was the village’s impetus for passing the ordinance. The trial court ruled in favor of the village, upholding the ordinance. Serpico appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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