Sex, Guns, and God! The 1st and 2nd Amendments and Local Regulation
July 23, 2013
The U.S. Constitution guarantees freedom of expression, freedom of religion, and the right to bear arms. Nevertheless, land uses that are dependent on these guarantees continue to court controversy in many communities. Whether sparked by chronic concerns over threats to community character or more acute debates related to public safety, many planners find themselves on the front lines of battles over contentious uses that have some claim on being constitutionally protected.
Drawing from practice-based experience and lessons from case law, Adam Simon and Dan Bolin from Ancel, Glink discussed local regulatory issues related to strip clubs, churches, guns shops and other land uses entangled with rights flowing from the First and Second Amendments of the U.S. Constitution.
Adam Simon is a partner with Ancel, Glink, in Vernon Hills, Illinois. His practice concentrates in the areas of economic development, land use, municipal law, special districts, public finance, real estate, and telecommunications and he also participates in the firm's consulting practice. Simon serves as corporate or special counsel for a variety of municipalities, park districts and libraries throughout Illinois. He is a member of the Chicago and Lake County Bar Associations, the ILCMA, the Illinois Chapter of NATOA, the Legislative Committee for the Lake County Municipal League and the Attorneys Committee of the Northwest Municipal Conference. He is a co-author of the chapter on regulating Adult Uses for the Municipal Law series published by the Illinois Institute for Continuing Legal Education. Simon also moderates the firm's park district Twitter page, @AncelGlinkParks.
Dan Bolin is an attorney with Ancel, Glink, representing public entities and property owners in land use, zoning litigation, real estate, property maintenance and many other local government matters. Bolin earned his B.A. from the University of Illinois at Urbana-Champaign, and graduated magna cum laude from the University of Illinois College of Law, where he served as an associate editor on the University of Illinois Law Review and earned a CALI Award in Real Estate Development. Bolin co-authored a chapter on "Subdivisions" for the Municipal Law series published by the Illinois Institute for Continuing Legal Education, and "When All Heller Breaks Loose: Gun Regulation Considerations for Zoning and Planning Officials under the New Second Amendment," a recent law review article appearing in the Urban Lawyer. He regularly speaks on emerging land use topics, and shares land use news on Twitter @AncelGlinkLand.