With Help from Chicago, Oak Park Escapes Costly NRA Legal Fees

Although the Supreme Court shot down Oak Park's bid to preserve its longstanding ban on handguns, the village's checkbook has managed to dodge a big, expensive bullet.

Thanks to a 2009 agreement with the city of Chicago, the village's co-defendant in the McDonald v. Chicago case heard by the U.S. Supreme Court, taxpayers in Oak Park won't be on the hook for paying the legal fees for the National Rifle Association, a plaintiff in the case. 

After the controversial decision was handed down in June 2010, the NRA believed the city and Oak Park should pay its legal fees in the case. In June, a federal judge ordered the NRA to recalculate its legal "excessive" legal fees, which dropped the tab to $1.3 million, down from $2.19 million. 

In court filings, attorneys representing Oak Park, Chicago and the NRA agreed on the fee liabilities. 

But the 2009 agreement with the city indemnified the village of the NRA's fees. That agreement, Oak Park Village President David Pope said, was rooted in the belief by officials in Oak Park and Chicago that they were arguing for the same thing — responsible handgun control — and that it was an issue requiring more legal heft than a municipality could give.

In short, Oak Park was let off the hook for the fees, while Chicago's attorneys were able to argue that handgun violence isn't just an issue facing major metropolitan areas.

"And so, not to regargue the case," Pope said, "but the crux of it had to do with the city and Oak trying to put in place [laws] to limit the scourge of handgun violence that impacts communities in this region. here was a sentiment among Oak Park and the city of Chicago and other municipalities that it was something that could be appropriately regulated at the local level.

"To be able to make that argument, that it was not just a big city issue, was exceedingly valuable to the City of Chicago." 

It's important to note the payment of legal fees is separate from the legal fees incurred by the village during its own defense of the case. But those were handled pro bono by Mayer Brown, a powerful downtown law firm. 

So, does it matter to the NRA who's paying the freight? 

"Largely, probably not," said NRA lobbyist Todd Vandermyde. "Were going to get paid either way. Although I think that the Oak Park taxpayers can consider themselves lucky that they just dodged a very large bill."