HomeMy WebLinkAboutRESOLUTION - 22-74 - 3/12/1974 - SETTLEMENT AGRMT/WALART MANAGEMENTEESOLUTIO11 S;O. 22-74
A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE AND WALART MANAGEMENT COMPANY
MIN, niEREFORL, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked:SETTLEMENT AGREEMENT.
, a copy of which is attached hereto and made a part
hereof as if fully set forth and the Village Clerk is authorized to
attest said documents upon the signature of the Village President.
Section 2. That this resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 12th day of March
APPROVED this 12th day of March
Attest:
Village Clcrk
1974.
1974.
SETTLEML;U AGR)=f MF,NT
This Agreement entered into this_-LLday of March, 1974
at Elk Grove Village, Illinois:
WHEREAS Walart Management Company, an Illinois Corporation,
(hereinafter "Walart") is the owner and operator of the Elk Grove
Cinema in Elk Grove Village, Walter Pancoe (hereinafter "Pancoe") is
the President of said Corporation, David Boehm (hereinafter "Boehm")
is the Manager cf the Elk Grove Cinema, and John PTcK(�Onnon (hereinafter
"McKennon") is employed by Walart as a movie projectionist; and
WHEREAS the Village of Elk Grove Village (hereinafter "the
Village") is an Illinois Municipal Corporation; and
WHEREAS Charles J. Zettek is the President of the Village;
Charles A. Willis is the Manager of the Village; Harry Jenkins is the
Chief of Police of the Village; and Ronald L. Chernick, Edward W. Kenna,
Jr., George T. Spees, Theodore J. Staddler, Michael Tosto, and Nancy L.
Vanderweel are all Trustees of the Village (hereinafter collectively
known as "Village Officials"); and
WHEREAS Walart, Pancoe, Boehm and McKdnnon have shown or have
caused to be shown commencing on February 22, 1974 anicontinuing to and
including March 2, 1974 a certain film entitled "The Devil in Piss Jones"
at the Elk Grove Cinema; and
WHEREAS disputes have arisen between Walart, Pancoe, Boehm and
t
M'bK&nnon on the one hand and the Village and the Village Officials on the
other hand as to the alleged obscenity of said film and the alleged
violation of certain municipal ordinances dealing with obscenity; and
WHEREAS Walart and Pancoe have caused to be filed a Complaint
in the United States District Court for the Northern District of Illinois,
against the Village Officials bearing the number 74 C 491; and
WHEREAS the Village has caused to be filed in the Circuit Court
of Coo}: County Illinois a Complaint for Injunction and other Relief
against Walart and Pancoe bearing number 74 M3 126; and
WHEREAS the Village and the Village Officials, have caused
to be issued a Search Warrant authorizing seizure of a copy of the.
•
aforesaid film and Arrest Warrants for Pancoe, Boehm, and McKinnon;
and
WHEREAS all the parties are desirous of ending their disputes
in a manner acceptable to all:
NOW THEREFORE it is agreed by, between and anong the parties
as follows:
1. The above and foregoing recitals are incorporated herein by
reference.
2. Walart and Pancoe agree to dismiss case 74 C 491 now pending in
the United States District Court for the Northern District of Illinois,
Eastern Division with prejudice.
3. The Village and the Village Officials agree to cause case number
74 M3 126 now pending inthe Circuit Court of Cook Canty Illinois to be
dismissed with prejudice.
o
4. Walart, Pancoe, Boehm and McKdnnon having voluntarily refrained
from the exhibition of the film "The Devil in Miss Jones" from March
3, 1974 until the execution hereof, further agree to refrain from the
future exhibition of said film in the Village of Elk Grove Village.
5. The Village and the Village Officials agree to cause to be dismissed
with prejudice any and all Complaints against Pancoe, Boehm, McK(tonnon
and/or any and all other officers, agents, and employees of Walart
alleging violation of any Village ordinance as a result of the exhibition
of the aforesaid film between February 22, 1974 and March 2, 1974, both
inclusive.
6. The Village and the Village Officials further agree to cause any
Arrest Warrants which might be pending against any officer, employee,
or. _.gent of Walart to be quashed.
7. The Village and the NAllage Officials agree to cause finger prints,
photographs, and any and all other evidence of the arrest of Pancoe,
0
Boehm, and/or P�cKjnnon to be removed from the records of the Village
Police Department and to refrain from forwarding said photohraphs,
finger prints and/or other materials to any other law enforcement
agency.
a
8. Walart, Pancoe, Boehm and McKennon do hereby release any and all
claims, rights, and causes of action which they might have against
the Village and/or the Village Officials in any way related to the
exhibition of the film "The Devil in Miss Jones" including but not
limited to claims, rights, and/or causes of .action for alleged false
arrest, abusive process, lost profits and the like.
9. The Village and the Village Officials do hereby release Walart,
e
Pancoe, Boehm, McKennon, and all other officers, employees and agents
of Walart from any and all claims, rights, and/or causes of action
which the Village or the Village Officials might have against them as
a result of the showing of the aforesaid film including but not limited
to alleged violations of the Village Obscenity OnInance as a result of
the exhibition of the film "The Devil in Miss Jones".
10. This Agreement shall in no way impair the rights of the Village
or the Village Officials to take whatever action they deem fit and
proper in the event of a future exhibition of the aforesaid film in
violation of this Agreement and/or the exhibition of any other film
which the Village or the Village Officials deem to be in violation of
the Village Obscenity Ordinance.
11. Nothing in this Agreement shall be deemed to be an admission on
the part of Walart, Pancoe, Boehm, or McKonnon that the film "The Devil
in.Miss Jones" is in fact in violation of the Obscenity Ordinances of
the Village of Elk Grove Village, nor shall anything in this Agreement
e
be interpreted to in any way restrict Walart, Pancoe, Boehm, McKennon,
or their successors from exhibiting any other film, subject to the
rights of the Village and the Village Officials to tL::e such action as
they deem necessary and proper.
e
12. Walart, rancoe, Boehm and MCLY+nnon do hereby release any and all
claims, rights, and causes of action t:,hich they might have against
any other officials, employees, attorneys or agents of the Village in
anyway involved in the subject matter of this controversy.
.j
I
i
wa la r t
By
NI AC- i71)011)
'Meodore
T Stfddlr--r
&/
�Iichaol Tosto
Walter Pancoe,
ProsideiTit—
,
� , 4 -
,
//�
I r"
Walter Pancoe
David Boelim
NI AC- i71)011)
'Meodore
T Stfddlr--r
&/
�Iichaol Tosto