Waukegan Denies Violating FOIA By Withholding Arrest Information

WAUKEGAN, IL — Police said they arrested more than a dozen Lake County residents Sunday night in Waukegan. About 50 businesses were looted throughout the night and into the next morning, some multiple times, according to a statement issued Wednesday by Waukegan police. Dispatchers got more than a dozen calls of gunfire, and a person who had been shot in the leg showed up to an area hospital.

But the full details regarding who was arrested, where they were arrested, when they were arrested, when they were released and with what bail remained unavailable Friday after representatives of the city declined Patch's requests under the Illinois public records law.

A "concentration of violent rioters" in the area of the Waukegan Plaza shopping mall at West Glen Flora and North Lewis avenues occupied a majority of Waukegan officers on the scene, the police statement said. Two Waukegan Police Department squad cars were damaged but remained drivable, it said, and no department personnel were hurt.

Police said at least five people were arrested and charged with looting. A 25-year-old Waukegan woman also suspected of looting was identified but not charged at the time of the police statement. Three people were charged with burglary, three with trespassing, two with disorderly conduct, and one with criminal damage, among others.

Douglas Dorando, an attorney for the law firm that represents the city, told Patch it was his opinion Waukegan police have not violated the Freedom of Information Act, or FOIA, by withholding arrestee information.

According to Sec. 2.15 of the FOIA, the following information "shall be furnished as soon as practical, but in no event later than 72 hours after the arrest."

(i) information that identifies the individual, including the name, age, address, and photograph, when and if available;
(ii) information detailing any charges relating to the arrest;
(iii) the time and location of the arrest

The law also requires law enforcement agencies to disclose the amount of bail or bond required of anyone incarcerated, as well as the time and date people are discharged or transferred from the arresting agency's custody.

Instead, Waukegan police released only the names, ages and cities of residence of some people they said were arrested in connection with looting. Information about the charges they face was incomplete, and no photographs, bond information or times or locations of the arrests have been provided.

Related: Overnight Curfew Remains In Effect For Waukegan