Burr Ridge Official Won't Get Village Lawyer After All

BURR RIDGE, IL – Burr Ridge Trustee Tony Schiappa is defending himself against a resident's lawsuit over his Facebook page.

That's a reversal from a week ago. Then, Mayor Gary Grasso indicated the village's attorney would represent the trustee, who joined the Village Board in 2015.

On Friday, Schiappa responded to the lawsuit, asking DuPage County Court to throw it out. He said he was a "pro se defendant," meaning he was representing himself in court without the help of a lawyer.

Schiappa said the court should not be burdened with a "politically motivated" filing. He did not explain how politics played a role, though the plaintiff, Patricia Davis, is a longtime critic of Burr Ridge's elected officials.

Schiappa could not be reached for immediate comment Monday.

In response to a Patch inquiry, Grasso said in an email, "As the resident has chosen to place this matter in court and Trustee Schiappa has exercised his right to seek dismissal, the court should make its ruling before there is any substantive comment on the matter."

Originally, court records showed that the Rosemont-based Storino Ramello & Durkin law firm, the village's attorney, would represent Schiappa in the matter.

Schiappa maintains a Facebook page that is titled "Tony Schiappa, Burr Ridge Trustee." The page was formerly categorized as "Government & Public Service." But after Davis raised concerns with the page in late April, it was retitled to "Political Candidate."

The page still contains an introduction that says Schiappa is "honored to be one of the trustees of the Village of Burr Ridge."

In the spring, he promoted on the Facebook page the candidacies of Arlene Cabana and Baron Leacock, who were running for the Lyons Township High School and Hinsdale High School District 86 boards, respectively.

Illinois law bars government employees and officers of any town from taking part in political activities in their official roles.

In the lawsuit, Davis said Schiappa represents himself on the Facebook page as a government actor authorized to speak on behalf of the village.

However, in his response, Schiappa said he uses his own time to post on what he calls his "personal campaign Facebook page" to promote his continued candidacy, adding he plans to run again in 2027.

No village money or staff time, he said, goes toward the page.

"Schiappa does not maintain any official Village of Burr Ridge social media pages whereas the Village of Burr Ridge does," his response said.

As for the page's introduction, Schiappa said in the court brief that he was "unapologetically" honored to serve as a trustee and that he notes that fact in his personal, professional and political lives.

Schiappa, who is not a lawyer, advanced procedural objections to Davis' lawsuit, calling for its dismissal.

Davis is seeking a court order banning Schiappa from posting political endorsements on the Facebook page in question and removing all the others. She notes he has a personal page.

In response to a Patch inquiry, Alisa Kaplan, executive director of Chicago-based Reform for Illinois, said in the spring that she agreed with the objections to Schiappa's page. She said Schiappa "clearly presents it as being an official page and therefore that he is acting in his official capacity on it."

A court hearing is set for July 22.