Official Blocks Vote In Wilder Bandshell Controversy, Citing State Law

ELMHURST, IL – Elmhurst voters won't get to weigh in on the controversial site of a proposed Wilder Park bandshell, a park district official ruled.

But a lawyer who specializes in election law disagreed with the district's legal basis.

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Last month, two residents presented a petition with 1,183 signatures, which they said would trigger an advisory referendum on November's ballot.

The outcome would not bind the Elmhurst Park District's board.

In a July 30 letter, the district's executive director, Jim Rogers, informed residents Andrea Hutchinson and Claire Cronin that the petition was "invalid as a matter of law."

He said state law prohibits citizen-initiated petitions from submitting advisory public questions to park district voters.

Rogers did not return a message for comment Wednesday.

In a recent statement on the issue, John Fogarty, a Chicago-based attorney, said state law authorizes submission of a public question to voters of any unit of local government, including park districts.

"Tellingly, (state law) contains no restriction on the ability of citizens to petition any particular type of political subdivision, such as a park district," Fogarty said.

He also said the park board itself can submit a public question to voters.

In this case, Fogarty said, the park board's attorney is looking at the part of the law about petition requirements, which doesn't explicitly refer to park districts.

That provision doesn't purport to enumerate all of the types of local governments in which a question may be submitted, Fogarty said.

In January, the park board voted 4-3 for building the bandshell on the lawn east of the Wilder Mansion after months of sometimes heated debates.

Many residents said they opposed the mansion site because it would interrupt the sightlines to the mansion, which is perhaps Elmhurst's most iconic building.

They also expressed concern over sound, traffic and parking.

Last fall, the district's own survey showed residents overwhelmingly opposed the east lawn site. Many wanted another location in the park.

The bandshell was included as a tiny part of a $90 million park district referendum that voters approved in November 2024. The vast majority, $85 million, was earmarked for a new Wagner Community Center.

The park board is expected to meet at 7 p.m. Monday. The board usually convenes at the district's administrative office, 375 W. First St.

If more people than usual are expected, the board schedules the meeting for Wilder Mansion. A meeting agenda will likely be released Thursday.