Appellate Court of Illinois

Summary judgment for defendants in a declaratory judgment action seeking to have section 3.1 of the One Day Rest in Seven Act declared unconstitutional on the grounds that it violated the Illinois Constitution's prohibition against special legislation, equal protection clauses of both state and U.S. constitutions, and on the supremacy clause of the U.S. Constitution is affirmed where: 1) section 3.1 does not violate the special legislation clause because there is a rational basis for the distinction between hotel room attendants in Cook County and attendants elsewhere in Illinois; 2) the equal protection challenge fails since the same standard is used for special legislation; and 3) section 3.1 does not run afoul of the supremacy clause since it does not attempt to regulate conduct governed by the National Labor Relations Act.

Appellate Information

• Decided 05/18/2007
• Published 05/18/2007

Judges

• Presiding Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Franczek Sullivan P.C., Chicago (James J. Zuehl, Edward N. Druck & Scott Cruz, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• State of Illinois, Attorney General, Chicago (Gary Feinerman & Jerald S. Post, of counsel), for Defendant-Appellee, Art Ludwig., Davis Cowell & Bowe LLP, San Francisco, CA (Richard G. McCracken & Paul L. More, of counsel), Allison Slutsky & Kennedy, P.C., Chicago (Wesley Kennedy & N. Elizabeth Reynolds, of counsel), for Defendant-Appellee, Unite Here Local 1.