Des Plaines cancels Penguin Plunge after dispute
At the start of Tuesday night's Des Plaines City Council meeting, Mayor Matt Bogusz stood with the sponsor of the first Penguin Plunge, encouraging residents to take a dip in the frigid waters of Lake Opeka for a good cause.
By the end of the meeting some 3½ hours later, the event was called off.
The city council voted 6-1 to ask the mayor to reconsider the scope of the event — specifically, taking the “plunge” out of the Penguin Plunge — due to the risks to the participants and potential liability to the city. Eighth Ward Alderman Mike Charewicz was the lone “no” vote.
Bogusz said since that's the council's consensus, he won't have the event, which was scheduled for Saturday, Feb. 28, at the lake, near Howard Avenue and Lee Street. Instead, he said he'll invite the 40 or so participants who have registered for the plunge to join him and his team during the 15th annual Chicago Polar Plunge on March 1 at North Avenue Beach in Chicago.
“Only the Des Plaines City Council can turn an event held nationally into this conversation,” Bogusz told aldermen. “I think as elected leaders nobody wants to put the city at risk. We want to bring the city together, do good in our community, and that's what I think this event does.”
The cancellation comes little more than two weeks after Bogusz announced details for the Des Plaines plunge at a council meeting.
Fifth Ward Alderman Jim Brookman said that was the first time he heard about it, and he believes the city council should have been able to discuss it first. Citing news articles about similar plunges across the country, Brookman said the event involves medical risk to individuals, from slips and falls to death. And he believes the city could be liable were that to happen.
“I don't think we should be encouraging what I think is reckless behavior,” Brookman said.
He suggested an alternate event be held at Tap House Grill, the plunge's sponsor, to raise money for Special Olympics.
Added 4th Ward Alderman Dick Sayad, “I think it's a fun event, but I just don't see (Rosemont) Mayor (Brad) Stephens or (Elk Grove Village) Mayor (Craig) Johnson or any of our other mayors in the area going out and doing something like this. I think there's a lot of questions here.”
Karl Camillucci, the city's general counsel, said the city has tort immunity, which would keep it immune from most claims. And he said plunge participants were asked to sign a “comprehensive” waiver and release form that he believes would protect the city from liability.
Brookman said Camillucci and his law firm, Holland and Knight, were being “cavalier” about the event, when they are supposed to protect the city from risk.