Judge: Elgin will face suit by jazz club

The former owners of an Elgin nightclub can now move forward with the federal discrimination lawsuit they filed against the city, their attorney said this week.

A judge this month denied a motion by the city to dismiss the case filed against it by the owners of the now-defunct Anthony's Jazz Club and Restaurant, attorney Ron Broida said.

The owners sued the city, Mayor Ed Schock, attorney Rick Kozal and former Police Chief William Miller, claiming city officials conspired to close their business because of their race.

"We're very pleased," Broida said of the decision. "It was really the first round. Now we have to start getting information from the other side, documents and taking depositions. They will do the same thing."

Broida said the two sides are expected back before the judge this fall for a status hearing.

"We have lots of work to get all this in order," he said.

City officials declined to comment, citing their policy against discussing pending litigation.

The club opened on April 3, 2003. The city's liquor commission, led by Schock, revoked its liquor license Dec. 14, 2004, after a shooting and several other criminal acts took place near the club at 231 Douglas Ave.

Owners Anthony and Bettie Nance appealed the city's ruling to the Illinois Liquor Control Commission, which overturned the city's decision and issued a 30-day suspension and $5,000 fine.

But after spending four months on appeal, the Nances did not have enough money to reopen and declared bankruptcy, according to the lawsuit.

Now, the Nances are seeking $10 million plus an additional $5 million in punitive damages from the city and city officials named in the lawsuit.