2013 IL 113482
IN THESUPREME COURTOFTHE STATE OF ILLINOIS
(Docket No. 113482)THE PEOPLE OF THE STATE OF ILLINOIS
CITY OFCHICAGO, Appellant, v. LE MIRAGE, INC. (Calvin Hollins, Jr.,
Opinion filed April 4, 2013.
JUSTICE KARMEIER delivered the judgment of the court, withopinion.Chief Justice Kilbride and Justices Freeman, Thomas, Garman,Burke, and Theis concurred in the judgment and opinion.
¶ 1I. INTRODUCTION ¶ 2Respondents, Calvin Hollins, Jr., and Dwain J. Kyles, through acorporation, Le Mirage, Inc., owned and operated a restaurant andnightclub in a two-story building located at 2347 South MichiganAvenue in the City of Chicago. In 2002, the City filed a building codeenforcement action in the circuit court of Cook County, alleging thatdangerous and hazardous conditions existed on the premises inviolation of the building code. On July 19, 2002, the court entered anorder, which it revisited and reentered on three subsequent occasions, prohibiting occupancy of the second floor. Respondents neverthelesscontinued to operate the nightclub on the second floor until February17, 2003, when there was a fight on the dance floor, and securityguards released pepper spray to break up the fight. Panic ensued, and patrons rushed to exit the nightclub, crowding into a narrow staircase