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Leonard v. Katsinas

United States District Court for the Central District of Illinois, Peoria Division

April 11, 2007, Entered

Case No. 05-1069

Opinion

ORDER

Now before the Court is Defendants Phil Katsinas and Round Barn Restaurant, Inc.'s Motion for Summary Judgment [# 102]. For the reasons set forth below, the Motion is DENIED.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, as the claims asserted in the Complaint present federal questions under 42 U.S.C. § 1981.

BACKGROUND

Recently, on February 16, 2007, the University of Illinois at Champaign-Urbana ("U of I" or "the University") announced its plan to retire its 81-year-old mascot,  [*2]  Chief Illiniwek. Jodi S. Cohen, U of I Sets Last Dance for Illiniwek, CHI. TRIB., Feb. 17, 2007, at 1. The Chief, portrayed by a barefoot student who dances during halftime of various University sporting events in a buckskin costume and feather head dress, has been the subject of well-known debate for decades. Supporters Defiant as Chief Illiniwek Makes Last Stand, CHI. TRIB., Feb. 22, 2007, at 16. February 21, 2007, marked the final performance of Chief Illiniwek, who supporters viewed as an honorable tradition and critics labeled as demeaning to Native Americans and inciting a hostile environment on campus. Id.; Jodi Cohen, U of I Ends Chief Illiniwek's Run, CHI. TRIB., Feb. 16, 2007. The University's decision came after more than 15 years of great controversy surrounding the mascot, including several campaigns to retain the Chief up against years of protests opposing the mascot. U of I Sets Last Dance, supra. The facts of this case arise out of one such protest, at the height of the Chief Illiniwek controversy.

Plaintiffs Tom Leonard ("Leonard"), William Cook ("Cook"), Diana Delso, f/k/a Diana Waters ("Delso"), David Wegeng ("Wegeng"), and Roger Fontana ("Fontana")  [*3]  have brought this action against Defendants Phil Katsinas ("Katsinas"), Roger Huddleston ("Huddleston"), Round Barn Restaurant, Inc. ("the Restaurant" or the "the Banquet Center"), and the Honor the Chief Society, alleging that their rights under 42 U.S.C. § 1981 were deprived when they were wrongfully denied entrance to the Restaurant's Banquet Center and an HTCS event being held there on February 28, 2004. They allege that the Defendants excluded them because of their Native American heritage

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2007 U.S. Dist. LEXIS 27079 *; 2007 WL 1106136

ROBERT LEONARD, WILLIAM COOK, DIANA WATERS, DAVID WEGENG and ROGER FONATA, Plaintiffs/Counter-Defendants, v. PHIL KATSINAS, ROGER HUDDLESTON, ROUND BARN RESTAURANT, INC., and the HONOR THE CHIEF SOCIETY, INC., Defendants/Counter-Plaintiffs.

Prior History: Leonard v. Katsinas, 2006 U.S. Dist. LEXIS 21361 (C.D. Ill., Apr. 20, 2006)

CORE TERMS

Restaurant, banquet, protests, anti-Chief, summary judgment, protected class, intentional discrimination, ancestry, alleges, coming, doors, defamation, equal benefit, contracts, pro-Chief, purposes, blood, national origin, anti-discrimination, disruption, non-moving, attendees, attended, disabled, heritage, rights, media, wore, direct evidence, sporting event

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Civil Rights Law, Contractual Relations & Housing, Equal Rights Under the Law (sec. 1981), Proof of Discrimination, Protected Rights, Protected Classes, Evidence, Exemptions, Statements by Party Opponents, Adopted Statements, Torts, Defamation, Elements