Elmhurst Park District May Be Taken To Court For Blocking Bandshell Petition

ELMHURST, IL – The matter of an advisory referendum for the Elmhurst Park District's bandshell may end up in court, petition organizers said Thursday.

Late last month, Jim Rogers, the district's executive director, rejected a petition with more than 1,100 signatures to place a nonbinding question on the November ballot for the bandshell's location. The site has been debated for more than a year.

Rogers contended state law bars advisory referendums in park districts. At the same time, the district said park boards can place such questions on the ballot. Last week, a park board majority decided against doing so for the bandshell.

In an email Thursday, petition backers Jim Schuetz and Andrea Hutchinson said the board should take into account the opinion of election lawyer John Fogarty, who contends state law allows citizen-initiated petitions in park districts.

The duo said they want the board to be aware that they are evaluating legal options, including a potential court review of Rogers' decision not to certify the petition.

"We respectfully disagree with the district's contrary legal position," they said.

They said they hope the board resolves the matter at its meeting Monday. The board is expected to vote on the petition.

In January, a 4-3 board majority supported building the bandshell on Wilder Mansion's east lawn. Opponents say doing so would interrupt the sightlines to perhaps Elmhurst's most iconic building.

Last fall, the district's survey indicated an overwhelming percentage of residents opposed the east lawn site.

At 7 p.m. Tuesday at City Hall, the city's Plan Commission plans to review the park district's proposal for the bandshell.