Last June, an appeals court ruled that the Village of Oak Park and City of Chicago had to cover the National Rifle Association’s legal fees in their long-running court battle. But the final tab is still up for debate.
The NRA sued several Illinois communities in mid-2008, looking to strike down their handgun bans. All subsequently lifted their laws, except for Oak Park and Chicago, which fought the case in court.
They ended up losing in mid-2010, and a year later, a judge ruled that the two municipalities should cover the NRA’s legal fees. That matter is yet to be decided, but according to a Jan. 18 court filing, the gun group is seeking $1.73 million. Plus they want another $142,000 in fees that apply specifically to Chicago, and $326,000 in fees that apply just to Oak Park.
Village trustees passed a resolution in 2008, accepting an offer from Chicago to shield Oak Park from paying for the NRA’s legal costs. But Wednesday Journal reported last year that city attorneys ultimately did not agree to that deal.
The two sides in the case are currently in the “discovery” phase of the case, going back and forth, exchanging information, according to acting Village Attorney Simone Boutet. She was unsure how the final bill might be split, or when the matter might be settled.
Village Manager Tom Barwin said he’d be “very surprised” if the gun group got more than $20,000 from Oak Park. It’s important to note, he added, that the village was represented free of charge, and did not spend money on lawyers to defend its handgun ban.
“I think clearly those numbers are outrageous and they must have the most expensive attorneys in the country handling their case, which I suspect that the judge will see through,” he said.
In a subsequent court filing, Chicago and Oak Park suggested that about $580,000 would be a more reasonable amount for the losing side to pay in fees. An NRA spokeswoman, meanwhile, said Monday that she expected the final tally to be “well into six figures.”
Todd Vendermyde, a legislative liaison for the NRA in Illinois, thinks Oak Park should be careful in drafting any new gun regulations. Chicago adopted changes following the Supreme Court’s ruling — some similar to the ones suggested by the health board — and the NRA is fighting the city again over those rules.
“We’ll take them to court again,” he said. “And the question is how much of the property taxes of the residents of Oak Park do they want to keep frittering away in endless litigation? Oak Park can either decide to abide by what the court said, or they can continue to try and thumb their nose at it, in which case it’s going to get very expensive.”
Former Village Attorney Ray Heise, who Oak Park is keeping on retainer to deal with the gun topic, said last week that the village is waiting until it sees the outcome of ongoing lawsuits in Chicago before drafting any new laws
